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AG 22-031 - COMMERCIAL FENCE CORPRETURN TO: AUTUMN GRESSETT EXT: 6914 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PARKS 2. ORIGINATING STAFF PERSON: AUTUMN GRESSETT EXT: 6914 3. DATE REQ. BY - 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT A SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG#): ❑ OTHER ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: STEEL LAKE MAINTENANCE FACILITY. FENCING 6. NAME OF CONTRACTOR: COMMERICAL FENCE CORPORATION ADDRESS: 14420 DES MOINES MEMORIAL DRIVE SOUTH, SEATAC, WA, 98166 TELEPHONE 206-767-7433 E-MAIL: FAX_ SIGNATURE NAME: DALE DUKE TITLE GOVERNOR EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES It COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS A PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACTAMENDMENTS 8. TERM: COMMENCEMENT DATE: UPON SIGNATURE COMPLETION DATE: MARCH 31, 2022 TOTAL COMPENSATION $ 76,025.15 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES A NO IF YES, MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED 10YES ONO IF YES, $ 6,974.15 RETAINAGE: RETAINAGE AMoUNT:7602.52 ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW A PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW 11. COUNCIL APPROVAL (IF APPLICABLE) 12. CONTRACT SIGNATURE ROUTING A SENT TO VENDOR/CONTRACTOR PAID BY:.A CONTRACTOR ❑ CITY Al RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED INITIAL / DATE REVIEWED AG 12/28 COMMITTEE APPROVAL DATE: DATE SENT: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: 2/24/2022 ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDERINOTIFICATION 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.) U� A _ EPARTMENT IN' GNATORY (MAYOR OR DIRECTOR) I�ITY CLERK SSIGNED AG# i 7 k COMMENTS: CONTRACTOR WANTS ADDITIONAL RETAINAGE HELD INSTEAD OF PERFORMANCE/PAYMENT BOND -10 % TOTAL RETAINAGE CALCULATE SMALL PUBLIC WORKS CONTRACT FOR STEEL LAKE PARK MAINTENANCE FACILITY FENCING ��y This small public works contract ("Contract") is dated effective this *) day of �11ti �V 20`L�and is made by and between the City of Federal Way, a Washington municipal colporation~ ("City" or "Owner'), and Commercial Fence Corporation, a Washington ("Contractor"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work at the Steel Lake Park Maintenance Facility located at 2410 S 312th St, 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: SERVICES BY CONTRACTO 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 Steel Lake Park Maintenance Facility Fencing 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," Contractor's Retainage Agreement attached as Exhibit "C," Contractor's Retainage Bond attached as Exhibit "D," Notice to Labor Unions attached as Exhibit "E," Certificate(s) of Insurance Form attached hereto as Exhibit "F," Performance/Payment Bond attached hereto as Exhibit "G," Prevailing Wage Rates attached as Exhibit "H," Title VI Assurances attached hereto as Exhibit "I," 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 31 st day of March, 2022. 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 rwxlaffog"Qrpurawn inconvenience the traveling public, obstruct traffic, interfere with and delay, gQmj ►W' - -•.. F r B 1 5 2022 ._ Rev 1/20 - 1 - _- paid ... . Mailed / Emailed increase risk to Highway users. Delays also cost tax payers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. Accordingly, the Contractor agrees: 1. To pay liquidated damages in the amount of $200.00 for each working day beyond the number of working days established for Physical Completion, and 2. To authorize the Engineer to deduct these liquidated damages from any money due or coming due to the Contractor. When the Contract Work has progressed to the extent that the Contracting Agency has full use and benefit of the facilities, both from the operational and safety standpoint, all the initial plantings are completed and only minor incidental Work, replacement of temporary substitute facilities, plant establishment periods, or correction or repair remains to physically complete the total Contract, the Engineer may determine the Contract Work is substantially complete. The Engineer will notify the Contractor in writing of the Substantial Completion Date. For overruns in Contract time occurring after the date so established, liquidated damages shown above will not apply. For overruns in Contract time occurring after the Substantial Completion Date, liquidated damages shall be assessed on the basis of direct engineering and related costs assignable to the project until the actual Physical Completion Date of all the Contract Work. The Contractor shall complete the remaining Work as promptly as possible. Upon request by the Engineer, the Contractor shall furnish a written schedule for completing the physical Work on the Contract. 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 the 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 permit, 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 Rev 1/20 - 2 - 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 Contractor shall supply such supporting documents and analysis for the claims as the City may require to determine 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 commence on the effective date of this Contract and continue until the completion of the Work, which shall be no later than the 31 st day of March, 2022, and the expiration of all warranties contained in the Contract Documents ("Term"). 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. Rev 1/20 - 3 - 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. 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 Sixty -Nine Thousand Fifty -One and 00/100 Dollars ($69,051.00), and Washington State sales tax equal to Six Thousand Nine Hundred Seventy -Four and 151100 Dollars ($6,974.15), for a total amount not to exceed Seventy -Six Thousand Twen -Five and 151100 Dollars ($76 0_ 25.15), 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 8th Avenue South Federal Way, WA 98003-6325 Duplicate invoices shall be furnished to: City of Federal Way ATTN: Derreck Presnell Parks Department 33325 8th Avenue South Federal Way, WA 98003-6325 4.5 Retainap-e. Pursuant to Chapter 60.28 RCW, five percent (5%) of the Total Compensation shall be retained by the City to assure payment of Contractor's state taxes as well as payment of subcontractors, suppliers and laborers. Upon execution of this Contract, Rev 1/20 - 4 Contractor shall complete, execute and deliver to the City the Contractor's Retainage Option attached hereto as Exhibit "C" or execute the Retainage Bond attached hereto as Exhibit "D." No payments shall be made by the City from the retained percentage fund ("Fund") nor shall the City release any retained percentage escrow account to any person, until the City has received from the Department of Revenue a certificate that all taxes, increases, and penalties due from the Contractor and all taxes due and to become due with respect to the Contract have been paid in full or that they are, in the Department's opinion, readily collectible without recourse to the State's lien on the retained percentage. Upon non-payment by the general contractor, any supplier or subcontractor may file a lien against the retainage funds, pursuant to Chapter 60.28 RCW. Subcontractors or suppliers are required to give notice of any lien within forty-five (45) days of the completion of the Work and in the manner provided in RCW 39.08.030. Within sixty (60) days after completion of all Work on this Contract, the City shall release and pay in full the money held in the Fund, unless the City becomes aware of outstanding claims made against this Fund. 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: 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 "E," 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 I. 6. INDEPENDENT CONTRACTOR/CONFLICT OF INTEREST 6.1 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 due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; Rev 1/20 - 5 - provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 6.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 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 from, 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. 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: Rev 1/20 — 6 — (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 $1,000,000 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 replacement 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 and non-contributory 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. (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, in compliance with the Certificate(s) of Insurance Form attached hereto as Exhibit "F," which certificate must be executed by a person authorized by the insurer to bind coverage on its behalf. 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 Rev 1/20 — 7 — 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. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, Contractor shall post a Performance/Payment Bond in favor of the City, in the form attached to this Contract as Exhibit "G" and incorporated by this reference, in a dollar amount satisfactory to the City; to guarantee Contractor's performance of the Work to the City's satisfaction; to insure Contractor's performance of all of the provisions of this Contract; and to guarantee Contractor's payment of all laborers, mechanics, subcontractors and material persons. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. Alternatively, pursuant to RCW 39.08.010, at the option of Contractor, if the value of this Contract is less than One Hundred Fifty Thousand Dollars ($150,000.00), the City may, in lieu of a bond, retain ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue and the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 11. 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 Rev 1/20 — 8 — 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. 12. PREVAILING WAGES 12.1 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 "H" 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. 12.2 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. 12.3 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. 12.4 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. Rev 1/20 - 9 - 13. 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. 14. 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. 15. 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. 16. 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. 17. 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. 18. CONTRACTOR AND SUBCONTRACTOR RESPONSIBILITY: 18.1 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 Rev 1/20 — 10 — 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. 18.2 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. 18.3 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. 19. GENERAL PROVISIONS 19.1 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. 19.2 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. 19.3 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. 19.4 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. 19.5 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. Rev 1/20 — 11 — 19.6 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. 19.7 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. 19.8 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. 19.9 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. 19.10 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. 19.11 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. 19.12 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. 19.13 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. 19.14 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. DATED the day and year set forth above. Rev 1/20 - 12 - APPROVED AS TO FORM: (�' "4�al '�'y (YR yan Call, City Attorney CITY OF FEDERAL WAY: im Ferrell, Mayor 33325 8th Avenue South Federal Way, WA 98003-6325 ATTEST: ephanie Courtney, CMC, ity lerk Rev 1/20 — 13 — COMMERC L FENCE RPO TION: By: - Its: S %Tuc, q�jo� (Addr e ss) (Phone) STATE OF WASHINGTON ) ss. COUNTY OF } On is day rrsonatly appeared before me I , to me known to be the fie& ( t of that executed the foregoing instrument, and acknowledged the said instrument to The 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. (] f GIVEN my hand and official seal this 20* day of �lJ� "I 202 WEBF�'ti.(typed/printed name of notary) +GQ.; t,�g268 '•� Notary Public in and for the State of Washin ton. r Y s My commission expires Z PUBS-\C' 9� 0 ••,ti.1F OF WASH►a� ��ir.puu�uu�ti' Rev 1/20 — 14 — EXHIBIT "A" SCOPE OF WORK STEEL LAKE PARK MAITENANCE FACILITY FENCING PROJECT Contractor shall furnish all labor, materials, equipment, and supervisions to perform the following work: 1. Tear out and haul away approximately 500 linear feet of existing 4' chain link fence, cutting current posts off at ground level and abandoning concrete plugs below grade. 2. Install 1,445 linear feet of 8' high all galvanized chain link fence with 3 strands of barbed wire, including two (2) 25' opening double -swing gates and one (1) 30' opening double - swing gate per map included in this exhibit. Rev 1/20 - 15 - LN 06 :Nf 'F r 'r f f r K;4yn C • - �' is .:ate �r - �"' K gig EXHIBIT "B" CONTRACT CHANGE ORDER AGREEMENT PROJECT NUMBER CHANGE ORDER NUMBER EFFECTIVE DATE _Steel Lake Park Maintenance Facility Fencing Commercial Fence Corporation 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? PRICE CHANGE LUMP SUM: INCREASE $ UNIT PRICE: ❑ Yes ❑ No ❑ Yes ❑ No DECREASE$ 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. DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT PREVIOUS CHANGE ORDERS THIS CHANGE ORDER *ADJUSTMENTS NEW CONTRACT AMOUNT CONTRACTOR'S SIGNATURE DATE DIRECTOR'S SIGNATURE DATE Rev 1/20 — 17 — ADJUSTMENTS CHANGE ORDER ESTIMATE IS HEREBY ❑ INCREASED ❑ DECREASED PAY THIS ADJUSTED AMOUNT: DIRECTOR'S SIGNATURE DATE Rev 1/20 — 18 — EXHIBIT "C" CONTRACTOR'S RETAINAGE OPTION IDENTIFICATION AND DESCRIPTION Project Title: Steel Lake Park Maintenance Facile Fencing RFB No: Contractor: Commercial Fence Corporation GENERAL REQUIREMENTS 1. In accordance with applicable State Statutes, a contract retainage not to exceed five percent of the moneys earned by the contractor will be reserved by the City. 2. All investments selected are subject to City approval. 3. The final disposition of the contract retainage will be made in accordance with applicable State Statutes. CONTRACTOR'S INSTRUCTIONS Pursuant to RCW 60.28.011 I hereby notify the City of Federal Way of my instructions for the retainage withheld under the terms of this contract: Option 1: Retained in a fund by the City of Federal Way. No interest will be paid to the contractor. 0 Option 2: Deposited in an interest bearing account in a bank, mutual savings bank, or savings and loan association. Interest paid to the contractor. Contractor shall have the bank (or other) execute a separate "City of Federal Way Retainage Bank Acceptance Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. 0 Option 3: Placed in escrow with a bank or trust company. Contractor shall execute, and have escrow account holder execute a separate "City of Federal Way Construction Retainage Escrow Agreement" upon contract award. The City will provide the agreement to the Contractor if this option is selected. All investments are subject to City approval. The cost of the investment program, and risk thereof, is to be borne entirely by the contractor. 0 Option 4: Contractor shall submit a "Retainage Bond" on City -provided form (Exhibit D of this Agreement). �� '' Rev 1/20 — 19 — EXHIBIT "D" RETAINAGE BOND TO CITY OF FEDERAL WAY STEEL LAKE PARK MAITENANCE FACILITY FENCING PROJECT KNOW ALL PERSONS BY THESE PRESENTS that we, the undersigned, as principal ("Principal'D, and a Corporation organized and existing under the laws of the State of as a surety Corporation, and qualified under the laws of the State of Washington to become surety upon bonds of Contractors with Municipal Corporations, as surety ("Surety's, are jointly and severally held and firmly bonded to the City of Federal Way (City'D in the penal sum of: ($ ) for the payment of which sum we bind ourselves and our successors, heirs, administrators or personal representatives, as the case may be. A. This obligation is entered into in pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. B. Pursuant to proper authorization, the Mayor is authorized to enter into a certain contract with the Principal, providing for the Project, which contract is incorporated herein by this reference ("Contract'D, and C. Pursuant to State law, Chapter 60.28 RCW, the City is required to reserve from the monies earned by the Principal pursuant to the contract, a sum not to exceed five percent (5%), said sum to be retained by the City as a trust fund for the protection and payment of any person or persons, mechanic, subcontractor or material men who shall perform any labor upon such contract or the doing of such work, and all persons who shall supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and the State with the respect to taxes imposed pursuant to Title 82 RCW which may be due from said Principal. Every person performing labor or furnishing supplies towards completion of said improvement or work shall have a lien on said monies so reserved, provided that such notice of the lien of such claimant shall be given in the manner and within the time provided in RCW 39.08.030 as now existing and in accordance with any amendments that may hereafter be provided thereto; and D. State law further provides that with the consent of the City, the Principal may submit a bond for all or any portion of the amount of funds retained by the public body in a form acceptable to the public body conditioned upon such bond any proceeds therefrom being made subject to all claims and liens and in the same manner and priority as set forth retained percentages pursuant to Chapter 60.28 RCW; and E. The Principal has accepted, or is about to accept, the Contract, and undertake to perform the work therein provided for in the manner and within the time set forth, for the amount of $ ; and F. The City is prepared to release any required retainage money previously paid by the Principal prior to acceptance and successful operation and fulfillment of all other terms of said contract upon being indemnified by these presents, NOW, THEREFORE, if the Principal shall perform all the provisions of the Contract in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Contract, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and if the Principal shall pay to the State all taxes imposed pursuant to Title 82 RCW which may be due from such Principal as a result of this contract then and in the event this obligation shall be void; but otherwise it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Contract or to the Work. Rev 1/20 - 20 - The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Retainage Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Contract, the Surety shall make written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the City, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. The parties have executed this instrument under their separate seals this day of 20_, the name and corporate seal of each corporate party hereto affixed, and these presents duly signed by its undersigned representatives pursuant to authority of its governing body. CORPORATE SEAL: CORPORATE SEAL: Rev 1/20 — 21 — 001:417_11 By: Title: Address: SURETY By: Attorney -in -Fact (Attach Power of Attorney) Title: Address: CERTIFICATES AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary I hereby certify that I am the (Assistant) Secretary of the Corporation named as Surety in the within bond; that , who signed the said bond on behalf of the Surety, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. Secretary or Assistant Secretary APPROVED AS TO FORM: I Ryan Call, City Attorney Rev 1/20 — 22 — TO: EXHIBIT "E" NOTICE TO LABOR UNIONS OR OTHER EMPLOYMENT ORGANIZATIONS NONDISCRIMINATION IN EMPLOYMENT (Name of Union or Organization) The undersigned currently holds contract(s) with 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. Complaints may be submitted to: City of Federal Way 33325 8t" Avenue South Federal Way, WA 98003 (Contractor or subcontractor) Date Rev 1/20 - 23 - _,� pp FDATE (MM/DD/YYYY) '`�'� _ CERTIFICATE OF LIABILITY INSURANCE 2/15/2022 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 have ADDITIONAL INSURED provisions or 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 Sound Choice Insurance Agency, Inc. 19009 33rd Avenue West, # 310 Lynnwood WA 98036 NAME: Marjorie Elliott PHONE JAIC, No, Ext : (425) 333-8033 {IUC, No): (425) 979-5852 ADDRESS: Marjorie@soundchoiceins.org INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: OHIO CASUALTY INSURANCE COMPANY 24074 INSURED Commercial Fence Corp 14420 Des Moines Memorial Dr S Scatac WA 98168 INSURER B : WEST AMERICAN INSURANCE COMPANY 44393 INSURER C : ADMIRAL INSURANCE COMPANY 24856 INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NNDMM/DD/YYYY) (MMIOD/YYYY) LIMITS LTR TYPE OF INSURANCE INSD POLICY NUMBER ( COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR PREMISES (Ea occurrence] $ 1,000,000 MED EXP (Any one person) $ 15,000 A Y Y BK057540512 10/16/2021 10/16/2022 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000.000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY � JECCT- ❑ LOC OTHER: AUTOMOBILE LIABILITY Ea accident] $ 1,000.000 BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) 5 B OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED ONLY AUTOS ONLY Y Y BAW57540512 10/16/2021 10/16/2022 Par accident) $ p x UMBRELLA LIAB EXCESS LIAB x OCCUR CLAIMS -MADE Y Y US057540512 10/16/2021 10/16/2022 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X RETENTION $ 10,000 Excess Umbrella Limit $ 5,000.000 A:OFFICER/MEMBER WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N 4NY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? �N QMandatory In NH) N / A BK057540512 WA STOP GAP 10/16/2021 10/16/2022 STATUTE I JER EL. EACH ACCIDENT $ I,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes,describo under DESCRIPTION OF OPERATIONS below A -Property + $51,694 PPO C-Pollution G71765337 003 12/9/21-22 BK057540512 10/16/2021 10/16/2022 Rented Equipment Installation Floater 100,0110 100,000 Pollution $1 M/$2M DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Steel Lake Fencing"...City of Federal Way and owner of job are primary non-contributory additional insured with waiver of subrogation and completed operations, as required by written contract, per attached forms CG8810, CG8583 and AC850. City of Federal Way 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. AUTHORIZED REPRESENTATIVE W-I9aa-cU-I UY1l.VRLr%,Vr%rVr%M I IVrY. Mu I Iynw I VOW. VVU. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Commercial Fence Corporation BK057540512 COMMERCIAL GENERAL LIABILITY CG88100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY - ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specificP-liy in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion. smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury' arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. 1. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11 - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of vours. However, none of these "employees" are insureds for "bodily injury" or "personal and C 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only, until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 Commercial Fence Corporation BK057540512 COMMERCIAL GENERAL LIABILITY CG 85 83 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS — PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section Ili — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products -completed operations hazard". However: a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a ,suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I — Coverage A — Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, snap drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: I. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products - completed operations hazard". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II — Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. With respect to the insurance afforded by this endorsement, Section IV — Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. Paragraph 4. of Section IV — Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. © 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 Commercial Fence Corporation COMMERCIAL GENERAL LIABILITY BKO57540512 CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Protect General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations . 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be Subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties, Inc., with its permission Page 1 of 1 Policy: BAW57540512 COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGEINDEX SUBJECT PROVISION NUMBER ACCIDENTAL AIRBAG DEPLOYMENT 13 ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 4 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 21 AMENDED FELLOW EMPLOYEE EXCLUSION 6 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 15 BODILY INJURY REDEFINED 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE -BROADENED COVERAGE 11 GLASS REPAIR- WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS - INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 22 SECTION I - COVERED AUTOS is amended as follows: 1. TRAILERS - INCREASED LOAD CAPACITY The following replaces Paragraph C.I. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 SECTION II - LIABILITY COVERAGE is amended as follows: 2. NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II - LIABILITY COVERAGE, Paragraph A.I. - Who Is An Insured is amended to include the following as an "insured": d. Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3) Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. " 3. EMPLOYEES AS INSUREDS SECTION II - LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured is amended to include the following as an "insured": e. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f. Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the foilowing provi- sion is added: SECTION II - LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: 7. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or b. Your "employee hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a. The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d. Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e. This coverage extension does not apply to: (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8. TOWING AND LABOR SECTION III - PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a. For private passenger type vehicles, we will pay up to $75 per disablement. b. For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c. For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 - 20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 9. PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. Coverage Extensions, Transportation Expenses of SECTION III - PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of S50 per day and a maximum limit of $1,500. 10. RENTAL REIMBURSEMENT SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex- penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. g. The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11. EXTRA EXPENSE - BROADENED COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V - DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi- ties. 13. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7 14. PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, Paragraph a. of the exception to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not de- signed solely for the reproduction of sound, if the equipment is: (1) Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2) Designed to be solely operated by use from the power from the "auto's" electrical system; and (3) Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16. LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A. Paragraph C. Limit Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d. Transfer or rollover balances from previous loans or leases; e. Final payment due under a "Balloon Loan'; f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g. Security deposits not refunded by a lessor; h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; I. Any amount representing taxes; j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission Page 5 of 7 C. SECTION V - DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a 'loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17. GLASS REPAIR - WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto' of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The 'loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any 'loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19. TWO OR MORE DEDUCTIBLES Under SECTION III - PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident', the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b. If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c. If the 'loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV - BUSINESS AUTO CONDITIONS is amended as follows: 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the incep- tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 0 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission Page 6 of 7 21. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow- ing: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Member, if you are a limited liability company; (4) An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a) How, when and where the "accident" or "loss" took place; (b) The "insureds" name and address; and (c) The names and addresses of any injured persons and witnesses. 22. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23. HIRED AUTO COVERAGE TERRITORY SECTION IV - BUSINESS AUTO CONDITIONS, Paragraph B.7. Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24. PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE- MENT The following is added to SECTION IV - BUSINESS AUTO CONDITIONS, General Conditions, B.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V - DEFINITIONS is amended as follows: 25. BODILY INJURY REDEFINED Under SECTION V - DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 7 of 7 Policy: BK057540512 COMMERCIAL GENERAL LIABILITY CG 00 01 04 13 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" Read the entire policy carefully to determine and "property damage" only if: rights, duties and what is and is not covered. (1) The "bodily injury" or "property Throughout this policy the words "you" and damage" is caused by an "occur - "your" refer to the Named Insured shown in the rence" that takes place in the "cov- Declarations, and any other person or organiza- erage territory"; tion qualifying as a Named Insured under this (2) The "bodily injury" or "property policy. The words "we", "us" and "our" refer to damage" occurs during the policy the company providing this insurance. period; and The word "insured" means any person or organi- (3) Prior to the policy period, no insured zation qualifying as such under Section II - Who Is listed under Paragraph 1. of Section An Insured. II - Who Is An Insured and no "em- Other words and phrases that appear in quotation ployee" authorized by you to give or marks have special meaning. Refer to Section V - receive notice of an "occurrence" or Definitions. claim, knew that the "bodily injury" or "property damage" had occurred, SECTION I -COVERAGES in whole or in part. If such a listed COVERAGE A - BODILY INJURY AND PROPERTY insured or authorized "employee" DAMAGE LIABILITY knew, prior to the policy period, that the "bodily injury" or "property dam- 1. Insuring Agreement age" occurred, then any continu- a. We will pay those sums that the insured ation, change or resumption of such becomes legally obligated to pay as dam- "bodily injury" or "property dam- ages because of "bodily injury" or "prop- age" during or after the policy period erty damage" to which this insurance ap- will be deemed to have been known plies. We will have the right and duty to prior to the policy period. defend the insured against any "suit" c. "Bodily injury" or "property damage" seeking those damages. However, we which occurs during the policy period will have no duty to defend the insured and was not, prior to the policy period, against any "suit" seeking damages for known to have occurred by any insured "bodily injury" or "property damage" to listed under Paragraph 1. of Section II - which this insurance does not apply. We Who Is An Insured or any employee au - may, at our discretion, investigate any thorized by you to give or receive notice "occurrence" and settle any claim or of an "occurrence" or claim, includes any "suit" that may result. But: continuation, change or resumption of (1) The amount we will pay for damages that "bodily injury" or "property dam - is limited as described in Section III - age" after the end of the policy period. Limits Of Insurance; and d. "Bodily injury" or "property damage" (2) Our right and duty to defend ends will be deemed to have been known to when we have used up the applica- have occurred at the earliest time when ble limit of insurance in the payment any insured listed under Paragraph 1. of of judgments or settlements under Section II - Who Is An Insured or any Coverages A or B or medical ex- "employee" authorized by you to give or penses under Coverage C. receive notice of an "occurrence" or No other obligation or liability to pay claim: sums or perform acts or services is cov- (1) Reports all, or any part, of the "bod- ered unless explicitly provided for under ily injury" or "property damage" to Supplementary Payments - Coverages A us or any other insurer; and B. (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property dam- age"; or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 17 2. (3) Becomes aware by any other means c. Liquor Liability that "bodily injury" or "property "Bodily injury" or "property damage" for damage" has occurred or has begun which any insured may be held liable by to occur. reason of: e. Damages because of "bodily injury" in- (1) Causing or contributing to the intoxi- clude damages claimed by any person or cation of any person; organization for care, loss of services or (2) The furnishing of alcoholic bever- death resulting at any time from the ages to a person under the legal "bodily injury". drinking age or under the influence Exclusions of alcohol; or This insurance does not apply to: (3) Any statute, ordinance or regulation a. Expected Or Intended Injury relating to the sale, gift, distribution "Bodily injury" or "property damage" ex- or use of alcoholic beverages. pected or intended from the standpoint of This exclusion applies even if the claims the insured. This exclusion does not ap- against any insured allege negligence or ply to "bodily injury" resulting from the other wrongdoing in: use of reasonable force to protect per- (a) The supervision, hiring, employ - sons or property. ment, training or monitoring of b. Contractual Liability others by that insured; or "Bodily injury" or "property damage" for (b) Providing or failing to provide which the insured is obligated to pay transportation with respect to damages by reason of the assumption of any person that may be under liability in a contract or agreement. This the influence of alcohol; exclusion does not apply to liability for if the "occurrence" which caused the damages: "bodily injury" or "property damage", in- (1) That the insured would have in the volved that which is described in Para - absence of the contract or agree- graph (1), (2) or (3) above. ment; or However, this exclusion applies only if (2) Assumed in a contract or agreement you are in the business of manufacturing, that is an "insured contract", pro- distributing, selling, serving or furnishing vided the "bodily injury" or "proper- alcoholic beverages. For the purposes of ty damage" occurs subsequent to the this exclusion, permitting a person to execution of the contract or agree- bring alcoholic beverages on your prem- ment. Solely for the purposes of li- ises, for consumption on your premises, ability assumed in an "insured con- whether or not a fee is charged or a li- tract", reasonable attorneys' fees cense is required for such activity, is not and necessary litigation expenses in- by itself considered the business of sell- curred by or for a party other than an ing, serving or furnishing alcoholic bev- insured are deemed to be damages erages. because of "bodily injury" or "prop- d. Workers' Compensation And Similar erty damage", provided: Laws (a) Liability to such party for, or for Any obligation of the insured under a the cost of, that party's defense workers' compensation, disability bene- has also been assumed in the fits or unemployment compensation law same "insured contract"; and or any similar law. (b) Such attorneys' fees and litiga- e. Employer's Liability tion expenses are for defense of "Bodily injury" to: that party against a civil or alter- (1) An "employee" of the insured aris- native dispute resolution pro- ing out of and in the course of: ceeding in which damages to which this insurance applies are (a) Employment by the insured; or alleged. (b) Performing duties related to the conduct of the insured's busi- ness; or Page 2 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (2) The spouse, child, parent, brother or (iii) "Bodily injury" or "property sister of that "employee" as a con- damage" arising out of heat, sequence of Paragraph (1) above. smoke or fumes from a This exclusion applies whether the in- "hostile fire"; sured may be liable as an employer or in (b) At or from any premises, site or any other capacity and to any obligation location which is or was at any to share damages with or repay someone time used by or for any insured else who must pay damages because of or others for the handling, stor- the injury. age, disposal, processing or This exclusion does not apply to liability treatment of waste; assumed by the insured under an "in- (c) Which are or were at any time sured contract". transported, handled, stored, treated, disposed of, or pro- f. Pollution cessed as waste by or for: (1) "Bodily injury" or "property dam- (i) Any insured; or age" arising out of the actual, al- leged or threatened discharge, (ii) Any person or organization dispersal, seepage, migration, re- for whom you may be legal - lease or escape of "pollutants": ly responsible; or (a) At or from any premises, site or (d) At or from any premises, site or location which is or was at any location on which any insured or U time owned or occupied by, or any contractors or subcontrac- rented or loaned to, any insured. tors working directly or indirect - However, this subparagraph ly on any insured's behalf are does not apply to: performing operations if the (i) "Bodily injury" if sustained "pollutants" are brought on or to within a building and caused the premises, site or location in by smoke, fumes, vapor or connection with such operations soot produced by or origi- by such insured, contractor or nating from equipment that subcontractor. However, this is used to heat, cool or de- subparagraph does not apply to: humidify the building, or (i) "Bodily injury" or "property equipment that is used to damage" arising out of the heat water for personal use, escape of fuels, lubricants or by the building's occupants other operating fluids which or their guests; are needed to perform the (ii) "Bodily injury" or "property normal electrical, hydraulic damage" for which you may or mechanical functions be held liable, if you are a necessary for the operation contractor and the owner or of "mobile equipment" or lessee of such premises, site its parts, if such fuels, or location has been added lubricants or other operating o to your policy as an addi- fluids escape from a vehicle tional insured with respect part designed to hold, store to your ongoing operations or receive them. This excep- performed for that addition- tion does not apply if the "property al insured at that premises, "bodily injury" or site or location and such damage" arises out of the premises, site or location is intentional discharge, not and never was owned or dispersal or release of the occupied by, or rented or fuels, lubricants or other op - loaned to, any insured, other erating fluids, or if such fu- than that additional insured; els, lubricants or other oper- ating fluids are brought on or or to the premises, site or lo- cation with the intent that they be discharged, dis- persed or released as part of CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 17 the operations being per- g. Aircraft, Auto Or Watercraft formed by such insured, "Bodily injury" or "property damage" contractor or subcontractor; arising out of the ownership, mainten- (ii) "Bodily injury" or "property ance, use or entrustment to others of any damage" sustained within a aircraft, "auto" or watercraft owned or building and caused by the operated by or rented or loaned to any release of gases, fumes or insured. Use includes operation and vapors from materials "loading or unloading". brought into that building in This exclusion applies even if the claims connection with operations against any insured allege negligence or being performed by you or other wrongdoing in the supervision, hir- on your behalf by a contrac- ing, employment, training or monitoring for or subcontractor; or of others by that insured, if the "occur- (u"i) "Bodily injury" or "property rence" which caused the "bodily injury damage" arising out of heat, or "property damage" involved the own - smoke or fumes from a ership, maintenance, use or entrustment "hostile fire". to others of any aircraft, "auto" or water- (e) At or from any premises, site or craft that is owned or operated by or location on which any insured or rented or loaned to any insured. any contractors or subcontrac- This exclusion does not apply to: tors working directly or indirect- (1) A watercraft while ashore on prem- ly on any insured's behalf are ises you own or rent; performing operations if the op- (2) A watercraft you do not own that is: erations are to test for, monitor, clean up, remove, contain, treat, (a) Less than 26 feet long; and detoxify or neutralize, or in any (b) Not being used to carry persons way respond to, or assess the ef- or property for a charge; fects of, "pollutants". (3) Parking an "auto" on, or on the ways (2) Any loss, cost or expense arising out next to, premises you own or rent, of any: provided the "auto" is not owned by (a) Request, demand, order or statu- or rented or loaned to you or the in- tory or regulatory requirement sured; that any insured or others test (4) Liability assumed under any "in - for, monitor, clean up, remove, sured contract" for the ownership, contain, treat, detoxify or neu- maintenance or use of aircraft or tralize, or in any way respond to, watercraft; or or assess the effects of, "Pollu- (5) "Bodily injury" or "property dam- tants"; or age" arising out of: (b) Claim or suit by or on behalf of a (a) The operation of machinery or governmental authority for dam- equipment that is attached to, or ages because of testing for, part of, a land vehicle that would monitoring, cleaning up, remov- qualify under the definition of ing, containing, treating, detox- "mobile equipment" if it were ifying or neutralizing, or in any not subject to a compulsory or way responding to, or assessing financial responsibility law or the effects of, "pollutants". other motor vehicle insurance However, this paragraph does not law where it is licensed or princi- apply to liability for damages be- pally garaged; or cause of "property damage" that the (b) The operation of any of the ma - insured would have in the absence of chinery or equipment listed in such request, demand, order or stat- Paragraph f.(2) or f.(3) of the utory or regulatory requirement, or definition of "mobile equip - such claim or "suit" by or on behalf ment". of a governmental authority. Page 4 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 h. Mobile Equipment (6) That particular part of any property "Bodily injury" or "property damage" that must be restored, repaired or re - "your of: placed because work" was in- arising out correctly performed on it. (1) The transportation of "mobile equip - Paragraphs (1), (3) and (4) of this exclu- ment" by an "auto" owned or oper- sion do not apply to "property damage" ated by or rented or loaned to any (other than damage by fire) to premises, insured; or including the contents of such premises, (2) The use of "mobile equipment" in, or rented to you for a period of seven or while in practice for, or while being fewer consecutive days. A separate limit prepared for, any prearranged rac- of insurance applies to Damage To Prem- ing, speed, demolition, or stunting ises Rented To You as described in Sec - activity. tion III - Limits Of Insurance. i. War Paragraph (2) of this exclusion does not "Bodily injury" or "property damage", apply if the premises are "your work" however caused, arising, directly or indi- and were never occupied, rented or held rectly, out of: for rental by you. (1) War, including undeclared or civil Paragraphs (3), (4), (5) and (6) of this ex - war; clusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement. cluding action in hindering or de- Paragraph (6) of this exclusion does not fending against an actual or expect- apply to "property damage" included in ed attack, by any government, the "products -completed operations haz- sovereign or other authority using and". military personnel or other agents; k. Damage To Your Product or "Property damage" to "your product" (3) Insurrection, rebellion, revolution, arising out of it or any part of it. usurped power, or action taken by I. Damage To Your Work governmental authority in hindering or defending against any of these. "Property damage" to "your work" aris- ing out of it or any part of it and included j. Damage To Property in the "products -completed operations "Property damage" to: hazard". (1) Property you own, rent, or occupy, This exclusion does not apply if the including any costs or expenses in- damaged work or the work out of which curred by you, or any other person, the damage arises was performed on organization or entity, for repair, re- your behalf by a subcontractor. placement, enhancement, restora- tion or maintenance of such property m. Damage To Impaired Property Or Prop- for any reason, including prevention erty Not Physically Injured x of injury to a person or damage to "Property damage.'to "impaired proper- o another's property; ty" or property that has not been phys- (2) Premises you sell, give away or ically injured, arising out of: abandon, if the "property damage" (1) A defect, deficiency, inadequacy or arises out of any part of those prem- dangerous condition in "your prod- ises; uct" or "your work"; or (3) Property loaned to you; (2) A delay or failure by you or anyone (4) Personal property in the care, custo- acting on your behalf to perform a contract or agreement in accordance dy or control of the insured; with its terms. (5) That particular part of real property This exclusion does not apply to the loss on which you or any contractors or of use of other property arising out of subcontractors working directly or behalf sudden and accidental physical injury to indirectly on your are per- forming operations, if the "property f "your product" or "your work" after it damage" arises out of those oper- d has been put to its intended use. ations; or CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 5 of 17 n Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspec- tion, repair, replacement, adjustment, re- moval or disposal of: (1) "Your product'; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, in- ability to access, or inability to manipu- late electronic data. However, this exclusion does not apply to liability for damages because of "bod- ily injury". As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer soft- ware, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing de- vices or any other media which are used with electronically controlled equipment. q. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any ac- tion or omission that violates or is al- leged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; (2) The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Ac- curate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, or- dinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and ad- ditions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, send- ing, transmitting, communicating or distribution of material or informa- tion. Exclusions c. through n. do not apply to dam- age by fire to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Sec- tion III - Limits Of Insurance. COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any of- fense and settle any claim or "suit' that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under Coverages A or B or medical ex- penses under Coverage C. No other obligation or liability to pay sums or perform acts or services is cov- ered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "cov- erage territory" during the policy period. Page 6 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 2. Exclusions i. Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of the infringement of copyright, pat - "Personal and advertising injury" caused ent, trademark, trade secret or other in - by or at the direction of the insured with tellectual property rights. Under this ex - the knowledge that the act would violate clusion, such other intellectual property the rights of another and would inflict rights do not include the use of another's "personal and advertising injury". advertising idea in your "advertisement". b. Material Published With Knowledge Of However, this exclusion does not apply Falsity to infringement, in your "advertisement", "Personal and advertising injury" arising of copyright, trade dress or slogan. out of oral or written publication, in any j. Insureds In Media And Internet Type manner, of material, if done by or at the Businesses direction of the insured with knowledge "Personal and advertising injury" com- of its falsity. mitted by an insured whose business is: c. Material Published Prior To Policy Period (1) Advertising, broadcasting, publish - "Personal and advertising injury" arising ing or telecasting; out of oral or written publication, in any (2) Designing or determining content of manner, of material whose first publica- web sites for others; or tion took place before the beginning of tion the policy period. (3) An Internet search, access, content d. Criminal Acts or service provider. "Personal and advertising injury" arising However, this exclusion does not apply "person out of a criminal act committed by or at to Paragraphs 14.a., b. and c. of - the direction of the insured. al and advertising injury" under the Defi- � nitions section. e. Contractual Liability For the purposes of this exclusion, the "Personal and advertising injury" for placing of frames, borders or links, or ad - which the insured has assumed liability vertising, for you or others anywhere on in a contract or agreement. This exclu- the Internet, is not by itself, considered sion does not apply to liability for dam- the business of advertising, broadcast - ages that the insured would have in the ing, publishing or telecasting. absence of the contract or agreement. k. Electronic Chatrooms Or Bulletin Boards f. Breach Of Contract "Personal and advertising injury" arising "Personal and advertising injury" arising out of an electronic chatroom or bulletin out of a breach of contract, except an im- board the insured hosts, owns, or over plied contract to use another's advertis- which the insured exercises control. ing idea in your "advertisement". I. Unauthorized Use Of Another's Name Or g. Quality Or Performance Of Goods - Fail- Product ure To Conform To Statements Personal and advertising injury" arising "Personal and advertising injury" arising out of the unauthorized use of another's out of the failure of goods, products or name or product in your e-mail address, services to conform with any statement domain name or metatag, or any other of quality or performance made in your similar tactics to mislead another's po- "advertisement". tential customers. h. Wrong Description Of Prices m. Pollution "Personal and advertising injury" arising "Personal and advertising injury" arising out of the wrong description of the price out of the actual, alleged or threatened of goods, products or services stated in discharge, dispersal, seepage, migration, your "advertisement". release or escape of "pollutants" at any time. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 7 of 17 n. Pollution -related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". o. War "Personal and advertising injury", how- ever caused, arising, directly or indirect- ly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or de- fending against an actual or expect- ed attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: (1) The Telephone Consumer Protection Act (TCPA), including any amend- ment of or addition to such law; (2) The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Ac- curate Credit Transactions Act (FACTA); or (4) Any federal, state or local statute, or- dinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and ad- ditions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, send- ing, transmitting, communicating or distribution of material or informa- tion. COVERAGE C - MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within one year of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including pros- thetic devices; and (3) Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. Page 8 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 c. Injury On Normally Occupied Premises g. All interest on the full amount of any judgment that accrues after entry of the To a person injured on that part of prem- judgment and before we have paid, of- ises you own or rent that the person nor- fered to pay, or deposited in court the mally occupies. part of the judgment that is within the ap- d. Workers' Compensation And Similar plicable limit of insurance. Laws These payments will not reduce the limits of To a person, whether or not an "employ- insurance. ee" of any insured, if benefits for the 2. If we defend an insured against a "suit" and "bodily injury" are payable or must be an indemnitee of the insured is also named as provided under a workers' compensation a party to the "suit", we will defend that or disability benefits law or a similar law. indemnitee if all of the following conditions e. Athletics Activities are met: To a person injured while practicing, in- a. The "suit" against the indemnitee seeks structing or participating in any physical damages for which the insured has as - exercises or games, sports, or athletics sumed the liability of the indemnitee in a N contests. contract or agreement that is an "insured f. Products -Completed Operations Hazard contract"; Included within the "products -completed b. This insurance applies to such liability operations hazard". assumed by the insured; g. Coverage A Exclusions c. The obligation to defend, or the cost of Excluded under Coverage A. the defense of, that indemnitee, has also been assumed by the insured in the same SUPPLEMENTARY PAYMENTS - COVERAGES A "insured contract"; AND B ' d. The allegations in the "suit" and the in- 1. We will pay, with respect to any claim we in- formation we know about the "occur- vestigate or settle, or any "suit" against an rence" are such that no conflict appears " insured we defend: to exist between the interests of the in - a. All expenses we incur. sured and the interests of the b. Up to $250 for cost of bail bonds required indemnitee; because of accidents or traffic law viola- e. The indemnitee and the insured ask us to tions arising out of the use of any vehicle conduct and control the defense of that to which the Bodily Injury Liability Cov- indemnitee against such "suit" and agree erage applies. We do not have to furnish that we can assign the same counsel to these bonds. defend the insured and the indemnitee; c. The cost of bonds to release attachments, and but only for bond amounts within the ap- f. The indemnitee: plicable limit of insurance. We do not (1) Agrees in writing to: have to furnish these bonds. (a) Cooperate with us in the inves- x d. All reasonable expenses incurred by the tigation, settlement or defense o insured at our request to assist us in the of the "suit"; investigation or defense of the claim or (b) Immediately send us copies of "suit", including actual loss of earnings any demands, notices, sum - up to $250 a day because of time off from monses or legal papers received work. in connection with the "suit"; e. All court costs taxed against the insured (c) Notify any other insurer whose in the "suit". However, these payments coverage is available to the do not include attorneys' fees or attor- neys' expenses taxed against the in- sured. (d) Cooperate with us with respect f. Prejudgment interest awarded against to coordinating other applicable the insured on that part of the judgment insurance available to the we pay. If we make an offer to pay the indemnitee; and applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 17 (2) Provides us with written authoriza- e. A trust, you are an insured. Your trustees tion to: are also insureds, but only with respect (a) Obtain records and other infor- to their duties as trustees. mation related to the "suit"; and 2. Each of the following is also an insured: (b) Conduct and control the defense a. Your "volunteer workers" only while per - of the indemnitee in such "suit". forming duties related to the conduct of So long as the above conditions are met, at- your business, or your "employees", oth- "executive torneys' fees incurred by us in the defense of er than either your officers" (if that indemnitee, necessary litigation ex- you are an organization other than a part- penses incurred by us and necessary litiga- nership, joint venture or limited liability company) or your managers (if you are a tion expenses incurred by the indemnitee at limited liability company), but only for our request will be paid as Supplementary acts within the scope of their employ - Payments. Notwithstanding the provisions of ment by you or while performing duties Paragraph 2.b.(2) of Section I - Coverage A - related to the conduct of your business. Bodily Injury And Property Damage Liability, However, none of these "employees" or such payments will not be deemed to be "property "volunteer workers" are insureds for: damages for "bodily injuryand damage" and will not reduce the limits of in- (1) Bodily injury" or "personal and ad- surance. vertising injury": Our obligation to defend an insured's (a) To you, to your partners or indemnitee and to pay for attorneys' fees and members (if you are a partner - necessary litigation expenses as Supplemen- ship or joint venture), to your tary Payments ends when we have used up members (if you are a limited li- the applicable limit of insurance in the pay- ability company), to a co"em- ment of judgments or settlements or the con- ployee" while in the course of ditions set forth above, or the terms of the his or her employment or per - agreement described in Paragraph f. above, forming duties related to the are no longer met. conduct of your business, or to SECTION II -WHO IS AN INSURED your other "volunteer workers" while performing duties related 1. If you are designated in the Declarations as: to the conduct of your to a. An individual, you and your spouse are (b) To the spouse, child, parent, insureds, but only with respect to the brother or sister of that co- "em- conduct of a business of which you are ployee" or "volunteer worker" the sole owner. as a consequence of Paragraph b. A partnership or joint venture, you are an (1)(a) above; insured. Your members, your partners, (c) For which there is any obligation and their spouses are also insureds, but to share damages with or repay only with respect to the conduct of your someone else who must pay business. damages because of the injury c. A limited liability company, you are an described in Paragraph (1)(a) or insured. Your members are also in- (b) above; or sureds, but only with respect to the con- (d) Arising out of his or her provid- duct of your business. Your managers are ing or failing to provide profes- insureds, but only with respect to their sional health care services. duties as your managers. (2) "Property damage" to property: d. An organization other than a partnership, (a) Owned, occupied or used by; joint venture or limited liability company, you are an insured. Your "executive of- (b) Rented to, in the care, custody or fiicers" and directors are insureds, but control of, or over which phys- only with respect to their duties as your ical control is being exercised for officers or directors. Your stockholders any purpose by; are also insureds, but only with respect you, any of your "employees", "vol- to their liability as stockholders. unteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). Page 10 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c. Any person or organization having prop- er temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that prop- erty; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no oth- er similar insurance available to that organi- zation. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily in- jury" or "property damage" that occurred before you acquired or formed the orga- nization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with re- spect to the conduct of any current or past part- nership, joint venture or limited liability company that is not shown as a Named Insured in the Dec- larations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except dam- ages because of "bodily injury" or "prop- erty damage" included in the "products - completed operations hazard'; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggre- gate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and adver- tising injury" sustained by any one person or organization. 5. Subject to Paragraph 2. or 3. above, which- ever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occur- rence". 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or tem- porarily occupied by you with permission of the owner. 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one per- son. The Limits of Insurance of this Coverage Part ap- ply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the poli- cy period is extended after issuance for an addi- tional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. CG0001 0413 © Insurance Services Office, Inc., 2012 Page 11 of 17 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should in- clude: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date re- ceived; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of in- jury or damage to which this insur- ance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the in- sured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the other insur- ance is also primary. Then, we will share with all that other insurance by the meth- od described in Paragraph c. below. b. Excess Insurance (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contin- gent or on any other basis: (i) That is Fire, Extended Cov- erage, Builder's Risk, Instal- lation Risk or similar coverage for "your work"; (ii) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the own- er; (iii) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occu- pied by you with permission of the owner; or (iv) If the loss arises out of the maintenance or use of air- craft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Li- ability. Page 12 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 (b) Any other primary insurance available to you covering liabil- ity for damages arising out of the premises or operations, or the products and completed oper- ations, for which you have been added as an additional insured. (2) When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer de- fends, we will undertake to do so, but we will be entitled to the insured's N rights against all those other insur- ers. (3) When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this in- surance; and (b) The total of all deductible and self -insured amounts under all that other insurance. (4) We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach x each insurer contributes equal amounts until it has paid its applicable limit of in- surance or none of the loss remains, whichever comes first. If any of the other insurance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insur- ance, and any rights or duties specifically as- signed in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Oth- ers To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written no- tice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 17 SECTION V - DEFINITIONS (3) "Personal and advertising injury" 1. "Advertisement" means a notice that is offenses that take place through the broadcast or published to the general public Internet or similar electronic means or specific market segments about your of communication; goods, products or services for the purpose of provided the insured's responsibility to pay attracting customers or supporters. For the damages is determined in a "suit" on the purposes of this definition: merits, in the territory described in Paragraph a. Notices that are published include mate- a. above or in a settlement we agree to. rial placed on the Internet or on similar 5. "Employee" includes a "leased worker". electronic means of communication; and "Employee" does not include a "temporary b. Regarding web sites, only that part of a worker". web site that is about your goods, pro- 6. "Executive officer" means a person holding ducts or services for the purposes of at- any of the officer positions created by your tracting customers or supporters is con- charter, constitution, bylaws or any other sidered an advertisement. similar governing document. 2. "Auto" means: 7. "Hostile fire" means one which becomes un- a. A land motor vehicle, trailer or controllable or breaks out from where it was semitrailer designed for travel on public intended to be. roads, including any attached machinery 8. "Impaired property" means tangible proper - or equipment; or ty, other than "your product" or "your work", b. Any other land vehicle that is subject to a that cannot be used or is less useful because: compulsory or financial responsibility a. It incorporates "your product" or "your law or other motor vehicle insurance law work" that is known or thought to be de - where it is licensed or principally ga- fective, deficient, inadequate or danger - raged. ous; or However "auto" does not include "mobile b. You have failed to fulfill the terms of a equipment". contract or agreement; 3. "Bodily injury" means bodily injury, sickness if such property can be restored to use by the or disease sustained by a person, including repair, replacement, adjustment or removal death resulting from any of these at any time. of "your product" or "your work" or your ful- „ 4. Coverage territorymeans: filling the terms of the contract or agreement. a. The United States of America (including 9. "Insured contract" means: its territories and possessions), Puerto a. A contract for a lease of premises. How - Rico and Canada; ever, that portion of the contract for a b. International waters or airspace, but only lease of premises that indemnifies any person or organization for damage by fire if the injury or damage occurs in the of travel or transportation be- to premises while rented to you or tem- course tween any places included in Paragraph porarily occupied by you with permission "insured of the owner is not an contract"; a. above; or c. All other parts of the world if the injury or b. A sidetrack agreement; damage arises out of: c. Any easement or license agreement, ex- (1) Goods or products made or sold by cept in connection with construction or you in the territory described in Para- demolition operations on or within 50 graph a. above; feet of a railroad; (2) The activities of a person whose d. An obligation, as required by ordinance, home is in the territory described in to indemnify a municipality, except in Paragraph a. above, but is away for a connection with work for a municipality; short time on your business; or e. An elevator maintenance agreement; Page 14 of 17 0 Insurance Services Office, Inc., 2012 CG 00 01 04 13 f. That part of any other contract or agree- b. While it is in or on an aircraft, watercraft ment pertaining to your business (includ- or "auto"; or ing an indemnification of a municipality c. While it is being moved from an aircraft, in connection with work performed for a watercraft or "auto" to the place where it municipality) under which you assume is finally delivered; the tort liability of another party to pay but 'loading or unloading does not include for "bodily injury" or property damage" the movement of property by means of a me - to a third person or organization. Tort li- chanical device, other than a hand truck, that ability means a liability that would be im- is not attached to the aircraft, watercraft or posed by law in the absence of any con- "auto". tract or agreement. 12. "Mobile equipment" means any of the fol- Paragraph f. does not include that part of lowing types of land vehicles, including any any contract or agreement: attached machinery or equipment: (1) That indemnifies a railroad for "bod- a. Bulldozers, farm machinery, forklifts and ily injury" or "property damage" other vehicles designed for use principal - arising out of construction or ly off public roads; demolition operations, within 50 feet b. Vehicles maintained for use solely on or of any railroad property and affecting next to premises you own or rent; any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or c. Vehicles that travel on crawler treads; crossing; d. Vehicles, whether self-propelled or not, (2) That indemnifies an architect, engi- maintained primarily to provide mobility neer or surveyor for injury or dam- to permanently mounted: age arising out of: (1) Power cranes, shovels, loaders, dig - (a) Preparing, approving, or failing gers or drills; or to prepare or approve, maps, (2) Road construction or resurfacing shop drawings,, opinions, re- equipment such as graders, scrapers ports, surveys, field orders, or rollers; change orders or drawings and e. Vehicles not described in Paragraph a., specifications; or b., c. or d. above that are not self- (b) Giving directions or instructions, propelled and are maintained primarily to or failing to give them, if that is provide mobility to permanently attached the primary cause of the injury equipment of the following types: or damage; or (1) Air compressors, pumps and gener- (3) Under which the insured, if an archi- ators, including spraying, welding, tect, engineer or surveyor, assumes building cleaning, geophysical ex - liability for an injury or damage aris- ploration, lighting and well servicing ing out of the insured's rendering or equipment; or failure to render professional ser- (2) Cherry pickers and similar devices vices, including those listed in (2) used to raise or lower workers; above and supervisory, inspection, f. Vehicles not described in Paragraph a., architectural or engineering activi- b., c. or d. above maintained primarily for ties. purposes other than the transportation of 10. "Leased worker" means a person leased to persons or cargo. you by a labor leasing firm under an agree- However, self-propelled vehicles with the ment between you and the labor leasing firm, following types of permanently attached to perform duties related to the conduct of equipment are not "mobile equipment" your business. "Leased worker" does not in- but will be considered "autos": clude a "temporary worker". 11. "Loading or unloading" means the handling (1) Equipment designed primarily for: of property: (a) Snow removal; a. After it is moved from the place where it (b) Road maintenance, but not con - is accepted for movement into or onto an struction or resurfacing; or aircraft, watercraft or "auto"; (c) Street cleaning; CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 17 (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and gener- ators, including spraying, welding, building cleaning, geophysical ex- ploration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial respon- sibility law or other motor vehicle insurance law are considered "autos". 13. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 14. "Personal and advertising injury" means in- jury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful en- try into, or invasion of the right of private occupancy of a room, dwelling or prem- ises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any man- ner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, pro- ducts or services; e. Oral or written publication, in any man- ner, of material that violates a person's right of privacy; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertise- ment". 16. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your phys- ical possession; or (2) Work that has not yet been complet- ed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been complet- ed. (b) When all of the work to be done at the job site has been complet- ed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, main- tenance, correction, repair or re- placement, but which is otherwise complete, will be treated as complet- ed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "load- ing or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or 15. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, 17 chemicals and waste. Waste includes materi- als to be recycled, reconditioned or re- claimed. (3) Products or operations for which the classification, listed in the Declara- tions or in a policy Schedule, states that products -completed operations are subject to the General Aggregate Limit. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the phys- ical injury that caused it; or Page 16 of 17 © Insurance Services Office, Inc., 2012 CG 00 01 04 13 b. Loss of use of tangible property that is 21. "Your product": not physically injured. All such loss of a. Means: use shall be deemed to occur at the time (1) Any goods or products, other than of the "occurrence" that caused it. real property, manufactured, sold, For the purposes of this insurance, electronic handled, distributed or disposed of data is not tangible property. by: As used in this definition, electronic data (a) You; means information, facts or programs stored (b) Others trading under your name; as or on, created or used on, or transmitted to or or from computer software, including sys- (c) A person or organization whose tems and applications software, hard or flop- business or assets you have ac- py disks, CD-ROMs, tapes, drives, cells, data quired; and processing devices or any other media which are used with electronically controlled equip- (2) Containers (other than vehicles), ma- w ment. terials, parts or equipment furnished 18. "Suit" means a civil proceeding in which in connection with such goods or i� damages because of "bodily injury", "prop- products. erty damage", or "personal and advertising b. Includes: injury" to which this insurance applies are al- (1) Warranties or representations made leged. "Suit" includes: at any time with respect to the fit- a. An arbitration proceeding in which such ness, quality, durability, perfor- damages are claimed and to which the mance or use of "your product"; and insured must submit or does submit with (2) The providing of or failure to provide our consent; or warnings or instructions. b. Any other alternative dispute resolution c. Does not include vending machines or proceeding in which such damages are other property rented to or located for the claimed and to which the insured sub- use of others but not sold. mits with our consent. 22. "Your work": 19. "Temporary worker" means a person who is a. Means: furnished to you to substitute for a permanent (1) Work or operations performed by "employee" on leave or to meet seasonal or you or on your behalf; and short-term workload conditions. „ 20. "Volunteer worker means a person who is (2) Materials, parts or equipment fur - nished in connection with such work not your "employee", and who donates his or her work and acts at the direction of and with- or operations. in the scope of duties determined by you, and b. Includes: is not paid a fee, salary or other compensa- (1) Warranties or representations made tion by you or anyone else for their work per- at any time with respect to the fit - formed for you. ness, quality, durability, perfor- mance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. CG 00 01 04 13 0 Insurance Services Office, Inc., 2012 Page 17 of 17 EXHIBIT "G" CITY OF FEDERAL WAY PERFORMANCE/PAYMENT BOND KNOW ALL PEOPLE BY THESE PRESENTS: We, the undersigned , ("Principal") and the undersigned corporation organized and existing under the laws of the State of and legally doing business in the State of Washington as a surety ("Surety"), are held and firmly bonded unto the City of Federal Way, a Washington municipal corporation ("City") in the penal sum of Dollars and no/100 ($ _ ) for the payment of which we firmly bind ourselves and our legal representatives, heirs, successors and assigns, jointly and severally. This obligation is entered into pursuant to the statutes of the State of Washington and the ordinances, regulations, standards and policies of the City, as now existing or hereafter amended or adopted. The Principal has entered into an Agreement with the City dated , 20 for NOW, THEREFORE, if the Principal shall perform all the provisions of the Agreement in the manner and within the time period prescribed by the City, or within such extensions of time as may be granted under the Agreement, and shall pay all laborers, mechanics, subcontractors and material men or women, and all persons who shall supply the Principal or subcontractors with provisions and supplies for the carrying on of said work, and shall hold the City, their officials, agents, employees and volunteers harmless from any loss or damage occasioned to any person or property by reason of any carelessness or negligence on the part of the Principal, or any subcontractor in the performance of said work, and shall indemnify and hold the City harmless from any damage or expense by reason of failure of performance as specified in the Agreement within a period of one (1) year after its final acceptance thereof by the City, then and in the event this obligation shall be void; but otherwise, it shall be and remain in full force and effect. And the Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the Agreement or to the Work. The Surety hereby agrees that modifications and changes may be made in terms and provisions of the Agreement without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. Within forty-five (45) days of receiving notice that the Principal has defaulted on all or part of the terms of the Agreement, the Surety shall make a written commitment to the City that it will either: (a) cure the default itself within a reasonable time period, or (b) tender to the city, the amount necessary for the City to remedy the default, including legal fees incurred by the City, or (c) in the event that Surety's evaluation of the dispute is not complete or in the event the Surety disputes the City's claim of default, the Surety shall notify the City of its finding and its intent, if any, to interplead. The Surety shall then fulfill its obligations under this bond, according to the option it has elected. Should Surety elect option (a) to cure the default, the penal sum of the Bond shall be reduced in an amount equal to the costs actually incurred by the Surety in curing the default. If the Surety elects option (b), then upon completion of the necessary work, the City shall notify the Surety of its actual costs. The City shall return, without interest, any overpayment made by the Surety and the Surety shall pay to the City any actual costs which exceed the City estimate, limited to the bond amount. Should the Surety elect option (c), the Parties shall first complete participation in mediation, described in the below paragraph, prior to any interplead action. Rev 1/20 — 25 — In the event a dispute should arise between the Parties to this Bond with respect to the City's declaration of default by the Principal, the Parties agree to participate in at least four hours of mediation to resolve said dispute. The Parties shall proportionately share in the cost of the mediation. The mediation shall be administered by Judicial Dispute Resolution, LLC, 1425 Fourth Avenue, Suite 300, Seattle, Washington 98101. The Surety shall not interplead prior to completion of the mediation. DATED this day of 20 CORPORATE SEAL OF PRINCIPAL: PRINCIPAL By: Its: (Address) (Phone) CERTIFICATE AS TO CORPORATE SEAL I hereby certify that I am the (Assistant) Secretary of the Corporation named as Principal in the within bond; that , who signed the said bond on behalf of the Principal, was of the said Corporation; that I know his or her signature thereto is genuine, and that said bond was duly signed, sealed, and attested for and in behalf of said Corporation by authority of its governing body. CORPORATE SEAL OF SURETY: APPROVED AS TO FORM: J. Ryan Call, City Attorney Rev 1/20 -- 26 - Secretary of Assistant Secretary SURETY By: Attorney -in -Fact (Attach Power of Attorney) (Name of Person Executing Bond) (Address) (Phone) EXHIBIT "H" PREVAILING RATE OF WAGE (SEE ATTACHED). Benefit Code Key for 12/2812021 Note: Select View under Risk Class to verify workers compensation insurance on your project. Use this tool to find and understand the insurance risk classifications to pay for the trade and occupations you are utilizing on your project. Workers' compensation risk classifications are determined by the nature of your project, nature of business or phase of construction. County Trade Job Classification King Fence Erectors Fence Erector King Fence Erectors Fence Laborer Rev 1/20 — 27 — Wage Holiday Overtime Note `Risk Class $46.29 7A 4V 8Y View $46.29 7A 4V 8Y View EXHIBIT "I" 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's 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. 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 Rev 1/20 - 28 - 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. Rev 1/20 — 29 — d'2 Issue Date: Jan 14, 2022 Profit Corporation Unified Business ID #: 601581365 Business ID #: 001 Location: 0001 COMMERCIAL FENCE CORPORATION Expires: Oct 31, 2022 14420 DES MOINES MEMORIAL DR S SEATAC WA 98168-3721 CITY ENDORSEMENTS: NORMANDY PARK GENERAL BUSINESS - NON-RESIDENT - ACTIVE SNOHOMISH GENERAL BUSINESS - NON-RESIDENT #22242 - ACTIVE TUKWILA GENERAL BUSINESS - NON-RESIDENT - ACTIVE SEATAC GENERAL BUSINESS - ACTIVE FEDERAL WAY GENERAL BUSINESS - NON-RESIDENT #17-102955-00-BL - ACTIVE LYNNWOOD GENERAL BUSINESS - NON-RESIDENT #015551-06-2012 - ACTIVE MOUNTLAKE TERRACE GENERAL BUSINESS - NON-RESIDENT #12713 - ACTIVE BURIEN GENERAL BUSINESS - NON-RESIDENT #06462 - ACTIVE MILL CREEK GENERAL BUSINESS - NON-RESIDENT (EXPIRES 1/31/2023) - ACTIVE BREMERTON GENERAL BUSINESS - NON-RESIDENT #32544 - ACTIVE LICENSING RESTRICTIONS: Not licensed to hire minors without a Minor Work Permit. REGISTERED TRADE NAMES: COMMERCIAL FENCE CORPORATION r:i.. of iw•, dw r—,kir.0ions, r�uinr,�r;ni•nls, .,nil lip rn=r•, a�.rth ni i.�:�:i ;'ni ::.�. • I it ;pnli', lili•dni onxenl iiir l;r•,yey,r'(t�i.-:iu in:•:^n:,�f,.,•rnil,�• y�,i, .n��i: ... .. �i.�f:.!, Ir, Ord ,�cCi.n.it�• 1�, ihi• hc., nl Ili, . � ins Lu.., I��Ji: a�i.i i!id! i,,,.�nr •.i:' II ir1 Milli ell UBI: 601581365 001 0001 COMMERCIAL FENCE CORPORATION 14420 DES MOINES MEMORIAL DR S SEATAC WA 98168-3721 STATE CF W.4SHINCTON UNEMPLOYMENT INSURANCE - ACTIVE INDUSTRIAL INSURANCE - ACTIVE TAX REGISTRATION - ACTIVE FIFE GENERAL BUSINESS - NON-RESIDENT - ACTIVE MUKILTEO GENERAL BUSINESS - NON-RESIDENT - ACTIVE PUYALLUP GENERAL BUSINESS - NON-RESIDENT #2008312 - ACTIVE LAKEWOOD GENERAL BUSINESS - NON-RESIDENT #BL07-00332 - ACTIVE BONNEY LAKE GENERAL BUSINESS - NON-RESIDENT (EXPIRES Expires: Oct 31, 2022 n Washington State Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Statement of Intent to Pay Prevailing Wage Document Received Date: 2/16/2022 Intent Id: 1211894 Print Receipt Download Company Details Affidavits: COMMERCIAL FENCE CORPORATION UBI: 6o1581365 1442o DES MOINES MEMORIAL DR S Reg#: COMMEFCo66PU SEA1-rLE,WA98168 Email: carlaw@fenceitall.com Filed By: Carla Weber OMWBE Certifications as of 2/16/2022 No active certifications exist for this business. Workers' Compensation Account ID 883,322-00 Prime Contractor Company Name COMMERCIAL FENCE CORPORATION Contractor Registration No. COMMEFC066PU WA UBI No. 601 581 365 Phone Number 206-767-7433 Project Information Awarding Agency FEDERAL WAY, CITY OF Awarding Agency Contact Name Autumn Gressett Awarding Agency Contact Phone Number 253-263-5778 Contract Number 2022 Steel Lake Fencing Project Name Steel Lake Fencing Contract Type Small Works (Less than $350,000) Bid Due Date 11 /19/2021 Status: Approved Contract Award Date Apprentice utilization is required OMWBE utilization is required Federally -Funded Project Project Site Address or Directions Project Description Intent Details Does your company intend to hire ANY subcontractors? Will your company have employees perform work on this project? Do you intend to use any apprentices? (Apprentices are considered employees.) How many owner/operators performing work on the project own 30% or more of the company? What is the estimated contract amount? OR is this a time and materials estimate? Your expected project start date: (MM-DD-YYYY) In what county (or counties) will the work be performed? In what city (or nearest city) will the work be performed? Journey Level Wage Details County Trade Occupation King Fence Erectors Fence Laborer King Fence Erectors Fence Erector 2/15/2022 No No No 2410 S. 312th St. Federal Way, WA Installation of Chain link Fence and removal of old fencing. No Yes No 0 $76,025.15 2/28/2022 King Federal Way Prevailing Wage Wage $46.29 $40.39 S46.29 $40.39 Fringe # Workers S 5.90 ? $5.90 1 BUSINESS INFORMATION Business Name: COMMERCIAL FENCE CORPORATION UBI Number: 601 581365 Business Type: WA PROFIT CORPORATION Business Status: ACTIVE Principal Office Street Address: 14420 DES MOINES MEMORIAL DRIVE SOUTH, SEATAC, WA, 98168, UNITED STATES Principal Office Mailing Address: 14420 DES MOINES MEMORIAL DRIVE SOUTH, SEATAC, WA, 98168, UNITED STATES Expiration Date: 10/31/2022 Jurisdiction: UNITED STATES, WASHINGTON Formation/ Registration Date: 10/25/1994 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSTRUCTION REGISTERED AGENT INFORMATION Registered Agent Name: DALE DUKE Street Address: 14420 DES MOINES MEMORIAL DR S, SEATAC, WA, 98168-3721, UNITED STATES Mailing Address: 14420 DES MOINES MEMORIAL DR S, SEATAC, WA, 98168-3721, UNITED STATES GOVERNORS Title GOVERNOR GOVERNOR GOVERNOR Governors Type INDIVIDUAL INDIVIDUAL INDIVIDUAL Entity Name First Name DALE CHERYL ERIC Last Name DUKE DUKE DUKE Washington State Departrnerit of Revenue; < Business Lookup License Information' New search Backto results Entity name: COMMERCIAL FENCE CORPORATION Business name: COMMERCIAL FENCE CORPORATION Entity type: Profit Corporation UBI #: 601-581-365 Business ID: 001 Location ID: 0001 Location: Active Location address: 14420 DES MOINES MEMORIAL DR S SEATAC WA 98168-3721 Mailing address: 14420 DES MOINES MEMORIAL DR S SEATAC WA 98168-3721 Excise tax and reseller permit status: Click here Secretary of State status: Click here Page 1 of 2 Endorsements Filter Endorsements held at this location License # Count Details Status Expiration date First issuance da Bonney Lake General Business - Active Aug-31-2022 Aug-27-2021 Non -Resident Bremerton General Business - 32544 Active Oct-31-2022 Jul-01-2017 Non -Resident Burien General Business - Non- 06462 Active Oct-31-2022 i Aug-27-2007 Resident Covington General Business - BL00-050 Active Oct-31-2022 Jul-16-2013 Non -Resident Federal Way General Business - 17-102955-00-B Active Oct-31-2022 i Jun-20-2017 Non -Resident Fife General Business - Non- Active Oct-31-2022 Dec-02-2013 Resident Gig Harbor General Business - Active Sep-30-2022 Sep-24-2021 Non -Resident Issaquah General Business - Active Od-31-2022 Oct-30-2009 Non -Resident Endorsements held at this location License p Count Details Status Expiration date First issuance da, Kirkland General Business - On Hold Oct-31-2022 Feb-17-2021 Non -Resident Lacey General Business - Non- 12561 Active Oct-31-2022 Jun-17-2005 Resident Lake Stevens General Business - Active Oct-31-2022 Oct-26-2018 Non -Resident Lakewood General Business - BL07-00332 Active Oct-31-2022 Apr-11-2007 Non -Resident Lynnwood General Business - 015551-06-2012 Active Oct-31-2022 Jan-03-2019 Non -Resident Maple Valley General Business - Active Aug-31-2022 Sep-03-2021 Non -Resident Marysville General Business - 3889WHS808 Active Oct-31-2022 Jul-02-2008 Non -Resident Governing People May include governing people not registered with secretary o/State Governing people Title DUKE, CHERYL DUKE, DALE DUKE, ERIC Registered Trade Names Registered trade names Status First issued COMMERCIAL FENCE CORPORATION Active Oct-24-2018 The Business Lookup information is updated nightly. 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