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Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 SMALL PUBLIC WORKS CONTRACT AGREEMENT CAG-25-116 - Signal Pole Replacement THIS AGREEMENT (" Agreement") is made as of the 12th day of June 2025, (the "Effective Date") by and between the City of Renton, a non-charter code city under RCW 35A, and a Washington municipal corporation ("City"), Public Works Department and Elite Electrical Contracting, ("Contractor"), a Cincinnati Indemnity Company registered in Washington State, who are collectively referred to as the "Parties", to replace a damaged signal pole and mast arm. City and Contractor agree as set forth below. 1.Scope of Work : Contractor will provide all material and labor necessary to perform all work described in the Scope of Work which is attached and fully incorporated into this Agreement by reference as Attachment "A." 2.Changes in Scope of Work: City, without invalidating this Agreement, may order changes to the Scope of Work consisting of additions, deletions or modifications, the Agreement Sum being adjusted accordingly by Parties mutual agreement. Such changes in the work shall be authorized by written Change Order or Amendment signed by the Parties. 3.Time of Performance: Contractor shall commence performance of the Agreement no later than 7 calendar days after the Agreement's Effective Date. 4.Term of Agreement: The Term of this Agreement shall end at completion of the Scope of Work, no later than December 31, 2026. This Agreement may be extended to accomplish change orders, if required, upon mutual written agreement of City and Contractor. 5.Agreement Sum: The total amount of this Agreement is the sum of ($51,041.48) which includes Washington State Sales Tax. This amount may be adjusted to a mutually agreed amount based on changes to the Scope of Work. 6.Consideration: In exchange for Contractor's performance of the items and responsibilities identified in the Scope of Work, City agrees to make payment of the amount identified as the Agreement Sum. 7.Prevailing Wage/ Method of Payment/ Retainage/ Bonding: Payment by the City for the Work will only be made after the Work has been performed and a voucher or invoice is submitted in a form acceptable to the City. CAG-25-116 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 A. B. Prevailing Wage Rates: Contractor must comply with the State of Washington prevailing wage requirements. Contractor must file an Intent To Pay Prevailing Wage at the beginning of the project and an Affidavit of Wages Paid at the end of the project with the Washington State Department of Labor and Industries. The State of Washington prevailing wage rates applicable for this project, which is located in King County, may be found at the following website address of the Department of Labor and Industries: http://www.lni.wa.gov/TradesLicensing/PrevWage/default.asp http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp Pursuant to WAC 296-127-011, the applicable effective date for prevailing wage rates paid for the duration of this contract shall be the date the contract is executed as reflected in the "Effective Date" identified at the top of the first page of this Agreement. Upon request, the City will provide a copy of the applicable prevailing wages for this project. Alternatively, the rates may be viewed at the City of Renton City Hall by making an appointment with the contact person identified herein or prior to contract award with the contact person identified as the City of Renton contact in Paragraph 15 Notices of this agreement. Retainage held by the City or in Escrow Account: Pursuant to RCW Chapter 60.28, a sum equal to five percent (5%) of the monies earned by the Contractor will be retained from payments made by the City to the Contractor under this Contract. This retain age shall be used as a trust fund for the protection and payment (1) to the State with respect to taxes imposed pursuant to RCW Title 82 and (2) the claims of any person arising under the Contract. Monies retained under the provisions of RCW Chapter 60.28 shall be: Contractor must pick one -if contractor does not pick one then the first option (retainage held in a fund by the City) applies. _...;;;X.;;....__ Retained in a fund by the City. or ____ Deposited by the City in an escrow (interest-bearing) account in a bank, mutual saving bank, or savings and loan association (interest on monies so retained shall be paid to the Contractor). Deposits are to be in the name of the City and are not to be allowed to be withdrawn without the City's written authorization. The City will issue a check representing the sum of the monies PAGE 2 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 C. D. reserved, payable to the bank or trust company. Such check shall be converted into bonds and securities chosen by the Contractor as the interest accrues. At or before the time the Contract is executed, the Contractor shall designate the option desired. The Contractor in choosing option (2) agrees to assume full responsibility to pay all costs that may accrue from escrow services, brokerage charges or both, and further agrees to assume all risks in connection with the investment of the retained percentages in securities. The City may also, at its option, accept a bond in lieu of retainage. For Agreements over $150,000: Pursuant to RCW 60.28 and 39.08 The City requires a 5 % Retainage be withheld and that the Contractor will provide a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. For Agreements under $150,000 Pursuant to RCW 60.28 and 39.08 the City requires a 5 % Retainage be withheld and that the Contractor will provide either a Performance and Payment (Contract) Bond on the City approved form upon execution of the Agreement or waive the payment and performance bond and instead the City will retain 10%. Payment of the initial 95% will be made in the next pay cycle of the Renton Finance Department after receipt of such voucher or invoice (pay cycles are bi-weekly). The remaining 5% will be retained for the purpose of completion of the project and fulfillment of claims and liens. (Unless the Contractor waives the payment and performance bond below and opts for a 10% retainage below.) Contractor must pick one -if contractor does not pick one then the first option {5% retainage with contract bond) applies: ___ To provide a payment and performance bond (contract bond) in the amount of 100% of the estimate including taxes with a 5% retainage. or X To waive a payment and performance bond (contract bond) and instead the city will retain the remaining 10% will be retained for the purpose of completion of the project and fulfillment of claims and liens. PAGE 3 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 E.City shall have the right to withhold payment to Contractor for any work not completed in a satisfactory manner until such time as Contractor modifies such work so that the same is satisfactory. F.Final Acceptance. Final Acceptance of the Project occurs when the Public Works Director has determined that the Project is one hundred percent (100%) complete and has been constructed in accordance with the Plans and Specifications. G.Payment in the Event of Termination. In the event this Contract is terminated by the either party, the Contractor shall not be entitled to receive any further amounts due under this Contract until the work specified in the Scope of Work is satisfactorily completed, as scheduled, up to the date of termination. At such time, if the unpaid balance of the amount to be paid under the Contract exceeds the expense incurred by the City in finishing the work, and all damages sustained by the City or which may be sustained by the City or which may be sustained by the reason of such refusal, neglect, failure or discontinuance of Contractor performing the work, such excess shall be paid by the City to the Contractor. If the City's expense and damages exceed the unpaid balance, Contractor and his surety shall be jointly and severally liable therefore to the City and shall pay such difference to the City. Such expense and damages shall include all reasonable legal expenses and costs incurred by the City to protect the rights and interests of the City under the Contract. 8.Hold Harmless: Contractor shall indemnify, defend and hold harmless City, its elected officials, officers, agents, employees and volunteers, from and against any and all claims, losses or liability, or any portion of the same, including but not limited to reasonable attorneys' fees, legal expenses and litigation costs, arising from injury or death to persons, including injuries, sickness, disease or death of Contractor's own employees, agents and volunteers, or damage to property caused by Contractor's negligent act or omission, except for those acts caused by or resulting from a negligent act or omission by City and its officers, agents, employees and volunteers. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate ... ) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the contractor and City, its officers, officials, employees and volunteers, Contractor's liability shall be only to the extent of Contractor's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute Contractor's waiver of immunity under the Industrial Insurance Act, PAGE40F 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement. 9.Insurance: Contractor shall secure and maintain: A.Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B.Professional liability insurance, in the minimum amount of $1,000,000 for each occurrence, shall also be secured for any professional services being provided to City that are excluded in the commercial general liability insurance. C.Workers' compensation coverage, as required by the Industrial Insurance laws of the State of Washington, shall also be secured. D.Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-owned, with minimum limits of $1,000,000 per occurrence combined single limit, if there will be any use of Contractor's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. E.It is agreed that on Contractor's commercial general liability policy, the City of Renton will be named as an Additional Insured on a non-contributory primary basis. City's insurance policies shall not be a source for payment of any Contractor liability. F.Subject to City's review and acceptance, a certificate of insurance showing the proper endorsements, shall be delivered to City before executing the work of this Agreement. G.Contractor shall provide City with written notice of any policy cancellation, within two (2) business days of their receipt of such notice. H.Additional Insurance if marked as "Required" by City: 1.D Required. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-contractors in the work. Builders Risk insurance shall be on a special perils policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, and collapse. The Builders Risk insurance shall include coverage for temporary buildings, debris removal and damage to materials in transit or stored off site. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be PAGE 5 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 10. accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. 2.D Required. Contractors Pollution Liability insurance covering losses caused by pollution conditions that arise from the operations of the Contractor. Contractors Pollution Liability insurance shall be written in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Contractors Pollution Liability shall cover bodily injury, property damage, cleanup costs and defense including costs and expenses incurred in the investigation, defense, or settlement of claims. If the Contractors Pollution Liability insurance is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of three (3) years beginning from the time that work under the contract is completed. The City shall be named by endorsement as an additional insured on the Contractors Pollution Liability insurance policy. If the scope of services as defined in this contract includes the disposal of any hazardous materials from the job site, the Contractor must furnish to the City evidence of Pollution Liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Public Entity under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $1,000,000. Pollution Liability coverage at least as broad as that provided under ISO Pollution Liability-Broadened Coverage for Covered Autos Endorsement CA 99 48 shall be provided and the Motor Carrier Act Endorsement (MCS 90) shall be attached. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification, the Contractor agrees as follows: A.Contractor, and Contractor's agents, employees, representatives, and volunteers with regard to the Work performed or to be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, PAGE 6 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 marital status, sexual orientation or preference, age (except minimum age and retirement provisions), honorably discharged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification in relationship to hiring and employment, in employment or application for employment, the administration of the delivery of Work or any other benefits under this Agreement, or procurement of materials or supplies. B.The Contractor will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. C.If Contractor fails to comply with any of this Agreement's non-discrimination provisions, City shall have the right, at its option, to cancel the Agreement in whole or in part. D.Contractor is responsible to be aware of and in compliance with all federal, state and local laws and regulations that may affect the satisfactory completion of the project, which includes but is not limited to fair labor laws and worker's compensation. 11.Independent Contractor: Contractor's employees, while engaged in the performance of any of Contractor's Work under this Agreement, shall be considered employees of the Contractor and not employees, agents, representatives of City and as a result, shall not be entitled to any coverage or benefits from the City of Renton. Contractor's relation to City shall be at all times as an independent contractor. Any and all Workman's Compensation Act claims on behalf of Contractor employees, and any and all claims made by a third-party as a consequence of any negligent act or omission on the part of Contractor's employees, while engaged in Work provided to be rendered under this Agreement, shall be the solely Contractor's obligation and responsibility. 12.City of Renton Business License: The Consultant shall obtain a City of Renton Business License prior to performing any Work and maintain the business license in good standing throughout the term of this agreement with the City. Information regarding acquiring a city business license can be found at: http://www.rentonwa.gov/cms/0ne.aspx?portal1d=7922741&pageld=9824882 PAGE 7 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 Information regarding State business licensing requirements can be found at: http://dor.wa.gov/doing-business/register-my-business 13.Record Keeping and Reporting: Contractor shall maintain accounts and records, which properly reflect all direct and indirect costs expended and Work provided in the performance of this Agreement. The Contractor agrees to provide access to and copies of any records related to this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW). 14.Public Records Compliance. To the full extent the City determines necessary to comply with the Washington State Public Records Act, Contractor shall make a due diligent search of all records in its possession, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. In the event Contractor believes said records need to be protected from disclosure, it shall, at Contractor's own expense, seek judicial protection. Contractor shall indemnify, defend, and hold harmless the City for all costs, including attorneys' fees, attendant to any claim or litigation related to a Public Records Act request for which Contractor has responsive records and for which Contractor has withheld records or information contained therein, or not provided them to the City in a timely manner. Contractor shall produce for distribution any and all records responsive to the Public Records Act request in a timely manner, unless those records are protected by court order. 15.Other Provisions: A.Administration and Notices. Each individual executing this Agreement on behalf of City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of City or Contractor. Notice: Except for Service of Process in a legal proceeding, any notices required to be given by the Parties shall be delivered 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 below. Any notice so posted in the United States mail shall be deemed received three (3) calendar days after the date of mailing. Email notice will be deemed received the date of the email so long as sent before 12:00 noon on a business day, if after 12:00 Noon it will be deemed received the next business day - a copy of email notice must be mailed as set forth above. This Agreement shall be administered by and any notices should be sent to the undersigned individuals or their designees. CITY OF RENTON CONTRACTOR PAGE 8 OF 11 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 Ethan Belen, Civil Engineer Ill 1055 South Grady Way Renton, WA 98057 Phone: (425) 430-7221 Ebelen@rentonwa.gov Fax: (425) 430-7376 And to: City Clerk cityclerk@rentonwa.gov Bobby Davis, Operations Manager 1332 Vandercook Way, Unit B Longview, WA 98632 Phone: (360) 947 -3440 ext. 1502 bobby@eliteec.net Fax: none B.Amendment and Modification. This Agreement may be amended only by an instrument in writing, duly executed by both Parties. C.Assignment and Subcontract. Contractor shall not assign or subcontract any portion of this Agreement without the City of Renton's prior express written consent. D.Compliance with Laws. Contractor and all of the Contractor's employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and ordinances. A copy of this language must be made a part of any contractor or subcontractor agreement. E.Conflicts. In the event of any inconsistencies between contractor proposals and this contract, the terms of this contract shall prevail. F.Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. G.Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared by the joint efforts of the Parties and shall not be construed against one party or the other as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. H.Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent, King County, Washington, or its replacement or successor. Contractor hereby expressly consents to the personal and exclusive jurisdiction and venue of such court even if Contractor is a foreign corporation not registered with the State of Washington. PAGE 9 OF 11 04/28/2025 6/12/2025 Approved by Cheryl Beyer via email 5/21/2025 Docusign Envelope ID: CC0AEBA8-6C38-436F-B21A-66D45517AA06 Scope of Work City of Renton Signal Pole and Mast Arm Replacement Services Description of Work: Replace signal pole and mast arm on the northeast corner of the intersection at N. 6 th Street and Logan Ave. N. All existing signal equipment will be re-installed on new pole and mast arm as appropriate. Project Location: Intersection of N 6th St & Logan Ave N Bid Submittal: •Bids shall be submitted using the Schedule of Pricing sheet provided in the appendix •If applicable, the Schedule of Pricing should be submitted with a bid (failure to do so will result in a bid rejection) Bid Schedule is attached at the end. •Bids shall include any associated use tax General information: •Bid Bond is not required for this project. •Daily job site cleanup is required before the work crew leaves the site each day and final cleanup is required prior to final inspection and acceptance by the Transportation Maintenance Division. •Project requires State of Washington prevailing wages to be paid including intents to pay and affidavits of wages paid. •Work to be inspected by the City of Renton Transportation Department prior to Acceptance. •Renton Business License, registered contractor with the State of Washington, current State Unified Business Identifier Number •Proof of Insurance -Minimum amounts to be approved in advance by City Risk Management. Includes General Liability, Automobile Liability, Workers Compensation and Employers' Liability. •Include with the first invoice the company's intent to pay prevailing wage rates and submit the affidavit to pay prevailing wage rates at the completion for each call-out. Labor rates shall be Prevailing Wage Rates for the industry. •If using subcontractors, such as contracting for traffic control, Contractor shall provide prevailing wages information for the subcontractor and their intent to pay prevailing wages, and the affidavit of wages paid. ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER: $ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 4/17/2025 License # 0C36861 (360) 695-3301 23280 Elite Contracting Co., Inc. dba Elite Contracting 1332 Vandercook Way Longview, WA 98632 A 1,000,000 X EPP 0570803 3/3/2025 3/3/2026 500,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000A X EBA 0570803 3/3/2025 3/3/2026 1,000,000A X EPP 0570803 3/3/2025 3/3/2026 1,000,000 A Equipment Floater EPP 0570803 3/3/2025 Leased/Rented Equip 25,000 City of Renton. Additional Insured is determined by policy forms and conditions as interests may appear. City of Renton 1055 South Grady Way Renton, WA 98057 ELITCON-04 AGOLDSTEIN Alliant Insurance Services, Inc.105 W Evergreen Blvd Ste 200 Vancouver, WA 98660 reception@biggsinsurance.com Cincinnati Indemnity Company 3/3/2026 X X X X X X Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 1 of 3 THIS ENDO RSEME NT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. CONTRACTORS ADDITIONAL INSURED -AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROG ATION WHEN REQUIRED IN WRITTE N CONTRACT,AGREEME NT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Additional Insured -Owners,Lessees Or Contractors -Automatic Status For Other Parties When Required In Written Con tract Or Agreement With You 1.Section II -Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part.Such per- son(s)or organization(s)is an additional insured only with respect to liability for: a."Bodily injury", "property dama ge"or "personal and advertising injury" caused,in whole or in part,by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreem ent.Ongoing operations does not apply to "bodily injury"or "proper- ty damage"occurring after: (1)All work,including ma terials, parts or equipme nt 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 loca- tion of the covered operations has been completed; or (2)That portion of "your work"out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b."Bodily injury"or "property dama ge" caused, in who le or in part,by "your work"performed under that written contract or written agreement and in cluded in the "products-completed operations hazard", but only if: (1)The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage"included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products- completed operations hazard " for that person or org anization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products-completed oper- ations hazard"for a specified length of time for that person or organiza- tion, the "bodily injury"or "property dam age"must occur prior to the ex- piration of that period of time in order for this insura nce to apply. If the written contract or written agreement requires you to pro vide additional insured coverage for a person or organization per only ISO additional insured endorsement form num ber CG 20 10,without specifying an edition date, and without specifi- cally re quiring additional insured coverage included within the “pro d- ucts-completed operations hazard”, this Paragraph b.does not apply to that person or organization. 2.If the written contract or written agree- ment described in Paragraph 1.above specificall y re quires you to provide addi- tional insured coverage to that person or organization: a.Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 2 of 3 b.By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused,in whole or in part,b y in Paragraph A.1.a.and/or Para- graph A.1.b.above, wh ichever applies, is replaced by the phrase arising out of. 3.With re spect to the insurance afforded to the additional insureds described in Para- graph A.1.,the followin g additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage"or "personal and advertising injury"arising out of the rendering of,or the failure to render,any professional architectural,engineering or surveying services, including: a.The preparing,appro ving or failing to prepare or approve,maps,shop drawin gs,opinions,re ports,surveys, field orders, change orders or dra w- ings and specifications; or b.Supervisory,inspection,architectural or engineering activities. This exclusion appli es even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing,employment,training or monitoring of others by that insured,if the "occurrence" which caused the "bodily injury"or "prop- erty dama ge",or the offense which caused the "personal and advertising inju- ry",involved the re ndering of,or the fail- ure to render,any professional architec- tural, engineering or surveying services. 4.This Paragraph A.does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- vision -Automatic Status When Required In Written Permits Or Authorizations 1.Section II -Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a contract, agreement,permit or authorization to add as an additional insured on this Coverage Part.Such state or governmental agency or subdivision or poli tical subdivision is an additional insured only with respect to op- erations performed by you or on your be- half for which the state or governmental agency or subdivision or political subdivi- sion issued, in writing,a contract, agree- ment, permi t or authorization. 2.W ith respect to the insura nce afforded to the additional insureds described in Para- graph B.1.,the followin g additional exclu- sions apply: This insurance does not apply to: a."Bodily injury", "property damage"or "personal and advertising injury"aris- ing out of operations performed for the federal governme nt,state or mu- nicipality; or b."Bodily injury"or "property damage" included within the "products- completed operations hazard ." C.The insurance afforded to additional insureds described in Paragraphs A.and B.: 1.Only applies to the extent permitted by la w;and 2.W ill not be broader than that which you are required by the written contract, writ- ten agreement,written permit or written authorization to provide for such addition- al insured; and 3.Does not apply to any person, organiza- tion, state,governmental agency or sub- division or poli tical subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D.W ith respect to the insurance afforded to the additional insureds described in Paragraphs A.and B.,the following is added to Section III -Limits Of Insurance: The m ost we will pay on behalf of the addi- tional insured is the amount of insurance: 1.Required by the written contract,written agreement, written permit or written au- thorization described in Paragraphs A. and B.; or 2.Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the appli- cable Limits of Insurance shown in the Decla- rations. E.Section IV -Commercial General Liability Cond itions is amended to add the followin g: Automatic Additional Insured Provision This insurance applies only if the "bodily inju- ry"or "property dama ge"occurs,or the "per- sonal and advertising injury"offense is com- mitted: 1.During the polic y period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission.Page 3 of 3 2.Subsequent to your execution of the writ- ten contract or written agreement,or the issuance of a written permit or written au- thorization,described in Paragraphs A. and B. F.Except when G.below applies,the followin g is added to Section IV -Commercial General Liability Conditions,5.Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance avail able to the additional insured described in Paragraphs A.and B.except: 1.As otherwise provided in Section IV - Commercial General Liability Cond i- tions,5.Other Insurance,b.Excess In- surance; or 2.For any other valid and collectible insur- ance avail able to the additional insured as an additional insured by attachment of an endorsement to another insurance poli cy that is written on an excess basis. In such case, this insurance is also excess. G.The followin g is added to Section IV -Com- mercial General Liability Conditions,5. Other Insurance,and supersedes any provi- sion to the contrary: Primary Insurance When Required By Writ- ten Contract,Agreement,Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in- sured,this insurance is primary to any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement,permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primaryto any other in- surance available to the additional in- sured. As used in this endorsement,wrap-up insur- ance me ans any insurance provided by a con- solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit"on behalf of the additional in- sured,this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A.and B.provided that: 1.The additional insured is a Named In- sured under such other insurance; and 2.You have agreed in writing in a contract, agreement,permit or authorization de- scribed in Paragraph A.or B.that this in- surance would be primary and would not seek contribution from any other insur- ance avail able to the additional insured. As used in this endorsement,wrap-up insur- ance me ans any insurance provided by a con- solidated (wrap -up) insurance program. H. Section IV -Commercial General Liability Cond itions,9.Transfer Of Rights Of Re- covery Against Others To Us is amended by the addition of the following: We waive any right of recovery we may have against any additional insured under this en- dorsement against whom you have agreed to waive such right of recovery in a written con- tract,written agreement,written permit or writ- ten authorization because of payments we make for injury or damage arising out of your ongoing operations or "your work "done under a written contract,written agreement,written permit or written authorization.However,our rights may only be waived prior to the "occur- rence"giving rise to the injury or damage for which we make payment under this Coverage Part.The insured must do nothing after a loss to impair our rights.At our request,the insured will bring "suit"or transfer those rights to us and help us enforce those rights. CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.For all sums which the insured becomes legal- ly obligated to pay as damages caused by "oc- currences" under Section I -Coverage A,and for all medical expenses caused by accidents under Section I -Coverage C,which can be at- tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1.A separate Designated Construction Pro- ject General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,except damages because of "bodily injury" or "property damage"in- cluded in the "products-completed opera- tions hazard", and for medical expenses under Coverage C regardless of the num- ber 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 Des- ignated Construction Project General Ag- gregate Limit for that designated con- struction project.Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence,Damage To Premises Rented To You and Medical Expense continue to apply. However,instead of be- ing subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B.For all sums which the insured becomes legal- ly obligated to pay as damages caused by "oc- currences" under Section I -Coverage A,and for all medical expenses caused by accidents under Section I -Coverage C,which cannot be attributed only to ongoing operations at a sin- gle designated construction project shown in the Schedule above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the Products-completed Operations Aggregate Limit,whichever is applicable; and 2.Such payments shall not reduce any Des- ignated Construction Project General Ag- gregate Limit. C.W hen coverage for liability arising out of the "products-completed operations hazard"is provided,any payments for damages because CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 2 of 2 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 Designated Construc- tion Project General Aggregate Limit. D.If the applicable designated construction pro- ject has been abandoned,delayed,or aban- doned and then restarted,or if the authorized contracting parties deviate from plans,blue- prints,designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III -Limits Of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 10 of 23 damages because of "bodily injury", "per- sonal and advertising injury"or "property damage"to which this insurance applies. W e will have no duty to defend the in- sured against any"suit"seeking damages for "bodily injury", "personal and advertis- ing injury"or "property damage"to which this insurance does not apply.W e may,at our discretion,investigate any "occur- rence"and settle any claim or "suit"that may result when: a.The applicable limits of the "underly- ing insurance"and any other insur- ance have been exhausted by pay- ment of claims;or b.Damages are sought for "bodily inju- ry", "personal and advertising injury" or "property damage"which are not covered by "underlying insurance"or other insurance. 2.Our right and duty to defend ends when the applicable Limit of Insurance,as stat- ed in the Declarations,has been exhaust- ed by payment of claims. 3.W e have no duty to investigate,settle or defend any claim or "suit"other than those circumstances described in Para- graph C.1.However, we do have the right to participate in the investigation,settle- ment or defense of any claim or "suit"to which this insurance applies.If we exer- cise this right,we will do so at our ex- pense. 4.If there is no underlying insurer or other insurance obligated to do so,we will pay the following when we provide a defense: a.All expenses we incur. b.The cost of bail bonds up to $3,000 (including bonds for related traffic law violations)required because of an "occurrence"we cover.W e do not have to furnish these bonds. c.The cost of bonds to appeal a judg- ment or award in any claim or "suit" we defend and the cost of bonds to release attachments,but only for bond amounts within the applicable Limits of Insurance.W e do not have to furnish these bonds. d.Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including the actual loss of earnings. e.All court costs taxed against the in- sured in the "suit".However, these payments do not include attorneys' fees or attorneys'expenses taxed against the insured. 5.If there is no underlying insurer obligated to do so,we will pay the following for an "occurrence"to which this insurance ap- plies,even if we have no duty to provide a defense: a.Prejudgment interest awarded against the insured on that part of the judgment we become obligated to pay and which falls within the appli- cable Limit of Insurance.If we make an offer to pay the applicable Limits of Insurance, we will not pay any pre- judgment interest based on the peri- od of time after the offer. b.All interest awarded against the in- sured on the full amount of any judgment that accrues: (1)After entry of the judgment; and (2)Before we have paid,offered to pay or deposited in court the part of the judgment that is within the applicable Limit of Insurance. 6.The payments described in Paragraphs 4. and 5.above will not reduce the Limits of Insurance provided by this Coverage Part when defense or supplementary pay- ments provided by the "underlying insur- ance"do not reduce their Limits of Insur- ance.However,when defense or supple- mentary payments provided by the "un- derlying insurance"reduce their Limits of Insurance then such expense payments paid by us will reduce the Limits of Insur- ance provided by this Coverage Part. 7.If we are prevented by law or otherwise from carrying out any of the provisions of SECTION I -COVERAGE,C.Defense and Supplementary Payments,we will pay any expense incurred with our written consent. SECTION II -WHO IS AN INSURED 1.Except for liabilityarising out of the ownership, maintenance, occupancy or use of an "auto": a.If you are designated in the Declarations as: (1)An individual,you and your spouse are insureds,but only with respect to the conduct of a business of which you are the sole owner. (2)A partnership or joint venture, you are an insured.Your members,partners and their spouses are also insureds, but only with respect to the conduct of your business. Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 11 of 23 (3)A limited liability company,you are an insured.Your members are also in- sureds,but only with respect to the conduct of your business.Your man- agers are insureds,but only with re- spect to their duties as your ma nag- ers. (4)An organization other than a partner- ship,joint venture,or limited liability company,you are an insured.Your "executive officers"and directors are insureds,but only with respect to their duties as your officers or direc- tors.Your stockholders are also in- sureds,but only with respect to their liability as stockholders.Each of the following is also a Named Insured: (a)Any "subsidiary"company of such organization,including any "subsidiary"of such "subsidiary": 1)Existing at the inception of this Coverage Part; or 2)Formed or acquired on or after the inception of this Coverage Part. (b)Any other company controlled and actively managed by such organization or any "subsidiary" thereof: 1)At the inception of this Cov- erage Part; or 2)If the control and active management thereof is ac- quired on or after the incep- tion of this Coverage Part. (5)A trust,you are an insured.Your trus- tees are also insureds,but only with respect to their duties as trustees. b.Each of the following is also an insured: (1)Any "employee"of yours while acting within the scope of their duties as such. (2)Any person or organization while act- ing as your real estate manager. (3)Any person or organization having proper temporary custody of your propertyif you die, but only: (a)W ith respect to liability arising out of the maintenance or use of that property; and (b)Until your legal representative has been appointed. (4)Your legal representative if you die, but only with respect to duties as such. 2.Only with respect to liability arising out of the ownership,maintenance,occupancy or use of an "auto": a.You are an insured. b.Anyone else while using with your permis- sion an "auto" you own,hire or borrow is also an insured except: (1)The owner or any other person or or- ganization (except your "executive of- ficers"or principals)from whom you hire or borrow an "auto",unless such persons or organizations are in- sureds in your "underlying insurance" listed in the Schedule of Underlying Insurance,and then only for such hazards for which coverage is pro- vided bysuch "underlying insurance". This exception does not apply if the "auto"is a trailer or semi-trailer con- nected to an "auto"you own. (2)Your "employee", if the "auto" is owned by that "employee"or a mem- ber of his or her household, unless: (a)Such "employee"is an insured with respect to that "auto"in the "underlying insurance"listed in the Schedule of Underlying In- surance,and then only for such hazards for which coverage is provided by such "underlying in- surance"; or (b)The "bodily injury"or "property damage"is sustained by a co- "employee"of such "employee". (3)Someone using an "auto"while he or she is working in a business of sell- ing, servicing,repairing,parking or storing "autos",unless that business is yours. (4)Anyone other than your "employees", partners (if you are a partnership), members (if you are a limited liability company),or a lessee or borrower or any of their "employees",while mov- ing property to or from an "auto". c.Anyone liable for the conduct of an in- sured described in Paragraphs 2.a.and b. above is also an insured,but only if they are provided insurance coverage for such liability byvalid and collectible "underlying insurance"listed in the Schedule of Un- derlying Insurance and then only for such hazards for which coverage is provided by such "underlying insurance". Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 12 of 23 3.At your option and subject to the terms and conditions of this insurance,any other person or organization not addressed by Paragraphs 1.and 2.above,but covered in the "underlying insurance"listed in the Schedule of Underlying Insurance are also insureds, but only to the ex- tent that insurance is provided for such person or organization by the "underlying insurance". No person or organization is an insured with re- spect to the conduct of any current or past partner- ship,joint venture,or limited liability company that is not shown as a Named Insured in the Declara- tions. 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, "suits"brought or number of vehicles involved or insured; or c.Persons or organizations making claims or bringing "suits". 2.The Aggregate Limit is the most we will pay for all damages: a.Included in the "products-completed op- erations hazard"; b.Because of "bodily injury"by disease sus- tained by your "employees"arising out of and in the course of their employment by you; or c.Because of "bodily injury", "personal and advertising injury"or "property damage" not included within a.or b.above.How- ever,this Aggregate Limit will not apply to damages which are not subject to an Ag- gregate Limit in the "underlying insur- ance". The Aggregate Limit applies separately to a., b.and c.The Aggregate Limit described in c. will apply only to damages not subject to a.or b.above. 3.Subject to the Limit of Insurance described in 2.c.above: a.Only in the event that "underlying insur- ance"specifically listed in the Schedule of Underlying Insurance provides an annual Aggregate Limit of Insurance for damages that would not be subject to 2.a.or b. above that is applicable separately to each: (1)Location owned by,or rented or leased to you solely with respect to damages which are the result of a claim or "suit"for "bodily injury"or "property damage"which can be at- tributed to operations at only a single location,then the Aggregate Limit described in 2.c.above applies sepa- rately to each location owned by,or rented or leased to you. (2)Of your construction projects solely with respect to damages which are the result of a claim or "suit"for "bodi- ly injury"or "property damage"which can be attributed only to ongoing op- erations and only at a single con- struction project,then the Aggregate Limit described in 2.c.above applies separately to each of your construc- tion projects. b.Only with respect to the application of Limits of Insurance described in 3.a. above,the following terms location and construction project will have the following meanings: (1)Location means premises involving the same or connecting lots, or prem- ises whose connection is interrupted only by a street,roadway,waterway or right-of-way of a railroad. (2)Construction project means a loca- tion you do not own,rent or lease where ongoing improvements,altera- tions,installation,demolition or maintenance work is performed by you or on your behalf.All connected ongoing improvements,alterations, installation,demolition or mainte- nance work performed by you or on your behalf at the same location for the same persons or entities,no mat- ter how often or under how many dif- ferent contracts,will be deemed to be a single construction project. 4.Subject to the limits described in 2.and 3. above,the Each Occurrence Limit is the most we will pay for the "ultimate net loss": a.In excess of the applicable limits of "un- derlying insurance"; or b.If an "occurrence"is not covered by "un- derlying insurance",but covered by the terms and conditions of this Coverage Part, for all "bodily injury", "personal and advertising injury"and "property damage"arising out of any one "occurrence". W e will not pay more than the Limit of Insur- ance shown in this Coverage Part's Declara- tions for each "occurrence"because any Per- sonal Umbrella Liability Policy(ies)is/are at- tached to this policy. Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 13 of 23 5.Subject to,and included within,the Limit of Insurance described in 4.above,we will not pay more than the limit of insurance required for the layer of insurance provided by this Coverage Part on behalf of: a.An additional insured,as set forth in SECTION II –WHO IS AN INSURED, Paragraph 3;or b.A party you have agreed to indemnify in an "insured contract". 6.Subject to the limits described in 2.,3.,4.and 5.above and to the terms and conditions of the "underlying insurance": a.If the limits of "underlying insurance"have been reduced by payment of claims,this Coverage Part will continue in force as excess of the reduced "underlying insur- ance"; or b.If the limits of "underlying insurance"have been exhausted by payment of claims, this Coverage Part will continue in force as "underlying insurance". 7.The Limits of Insurance of this Coverage Part apply separately to each "coverage term". SECTION IV -CONDITIONS 1. Appeals If the insured or any insurer who provides the applicable "underlying insurance"elects not to appeal a judgment which exceeds the "under- lying limit",we may elect to do so at our own expense.W e shall be liable for the taxable costs and disbursements and interest inci- dental thereto,but in no event shall this provi- sion increase our liability beyond: a.Our applicable Limits of Insurance for all "ultimate net loss"; b.Our applicable Defense and Supplemen- tary Payments as described in SECTION I -COVERAGE,C.Defense and Supple- mentary Payments; and c.The expense of such appeal. 2. Audit If this Coverage Part is subject to Audit, as in- dicated in the Declarations,then the following Condition applies: a.The premium shown in the Premium Computation Endorsement as Advance Premium is a deposit premium.At the close of each audit period,we will com- pute the earned premium for that period. If: (1)The earned premium is less than the deposit premium, we will return the excess to the first Named Insured;or (2)The earned premium is greater than the deposit premium,the difference will be due and payable to us by the first Named Insured upon notice from us.The due date for audit and retro- spective premiums is the date shown as the due date on the bill. However,in no event will the earned pre- mium be less than the Minimum Premium stated in the Premium Computation En- dorsement. b.The first Named Insured must keep rec- ords of the information we need for pre- mium computation and send us copies at such times as we may request. 3.Bankruptcy Bankruptcy or insolvency of the insured or the insured's estate shall not relieve us of any ob- ligations under this Coverage Part. 4.Duties in the Event of Occurrence,Claim or Suit a.You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim or "suit".To the extent possible, notice should include: (1)How,when and where the "occur- rence"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". This requirement applies only when the "occurrence"is known to an "authorized representative". 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. This requirement will not be considered breached unless the breach occurs after such claim or "suit"is known to an "au- thorized representative". Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 14 of 23 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 investigation or settlement of the claim or defense 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 injury or damage to which this insurance 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. 5.First Named Insured The person or organization first named in the Declarations will act on behalf of all other in- sureds where indicated in this Coverage Part. 6.Legal Action Against Us and Loss Pay- ments a.No legal action may be brought against us unless there has been full compliance with all the terms of this Coverage Part nor until the amount of the insured's obli- gation to pay has been finally determined as provided below.No person or organi- zation has any right under this Coverage Part to bring us into any action to deter- mine the liability of the insured. b.W e shall be liable for payment of the "ul- timate net loss"for any "occurrence"to which this Coverage Part applies: (1)For "occurrences"not covered by "underlying insurance"; or (2)In excess of the "underlying limit"ap- plicable to the "occurrence"only after the insurers who provide the applica- ble "underlying insurance"have paid or become obligated to pay the amount of the "underlying limit"appli- cable to the "occurrence". Our payment will be made following final determination of the amount of the in- sured's obligation to pay either by final judgment against the insured or by written agreement with the insured,the claimant, the underlying insurers and us. 7.Liberalization If,within 60 days prior to the beginning of this Coverage Part or during the policy period,we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge,and that change provides more coverage than this Coverage Part,the change will automatically apply to this Coverage Part at the latter of: a.The date we implemented the change in your state; or b.The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period.W e will make no ad- ditional premium charge for this additional coverage during the interim. 8.Maintenance of Underlying Insurance a.W hile this Coverage Part is in effect,the insured shall maintain in force the "under- lying insurance"listed in the Schedule of Underlying Insurance as collectible insur- ance.The terms, conditions and en- dorsements of "underlying insurance"will not materially change and renewals or re- placements of "underlying insurance"will not be more restrictive in coverage. b.Limits of "underlying insurance"will not be reduced,except for any reduction or ex- haustion in the aggregate limits of insur- ance due to payment of claims which are in accordance with SECTION I -COVER- AGE,A.Insuring Agreement,Paragraph 2.of this Coverage Part. c.In the event you fail or neglect to maintain "underlying insurance"as required,this Coverage Part will apply as though such "underlying insurance"was in force and collectible at the time a claim is presented to us which is in accordance with SEC- TION I -COVERAGE,A.Insuring Agreement,Paragraph 2.of this Cover- age Part. d.The limits of "underlying insurance" shall be deemed applicable,regardless of any defense which the insurer who provides the "underlying insurance"may assert be- cause of the insured's failure to comply with any Condition of the policy or the ina- bility of the insurer to pay by reason of bankruptcy or insolvency. e.You must notify us in writing as soon as practicable when any "underlying insur- ance"is no longer in effect or the limits or scope of coverage of any "underlying in- surance"is changed. Includes copyrighted material of Insurance US 101 09 20 Services Office, Inc., with its permission.Page 15 of 23 9.Other Insurance a.This insurance is excess over,and shall not contribute with any other insurance, whether primary,excess,contingent or on any other basis.This condition will not ap- ply to insurance specifically written as ex- cess over this Coverage Part. W hen this insurance is excess,we will have no duty 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 defends and coverage is otherwise applicable,we will have the right,but not the duty to under- take to do so,provided that whomever we agree to defend and the Named Insured assign their rights to us under the policies of the insurers who did not defend.Such assignment must be in writing. b.W hen this insurance is excess over other insurance,we will pay only our share of the "ultimate net loss"that exceeds the sum of: (1)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (2)The total of all deductible and self- insured amounts under all that other insurance. 10.Premium The premium for this Coverage Part shall be as stated in the Declarations.The advance and anniversary premiums are not subject to adjustment, except as stated in the Declara- tions,or as stated in an endorsement issued by us to form a part of this Coverage Part. You shall maintain records of such information as is necessary for premium computation,and shall,if requested by us,send copies of such records to us at the end of the "coverage term" and at such times during the policy period as we may direct. 11.Representations a.By acceptance of this Coverage Part,you agree that the statements in the Declara- tions are your agreements and represen- tations, that this Coverage Part is issued in reliance upon the truth of such repre- sentations and that this Coverage Part embodies all agreements existing be- tween you and us or any of our agents re- lating to this insurance. b.However, to the extent that the following applies in the "underlying insurance"listed specifically in the Schedule of Underlying Insurance,it will also apply to this Cover- age Part: Based on our reliance upon your repre- sentations as to existing hazards, if unin- tentionally you should fail to disclose all such hazards at the inception date of this Coverage Part, we will not reject coverage under this Coverage Part based solely on such failure. 12.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, 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. 13.Transfer of Rights of Recovery Against Others to Us a.If the insured has rights to recover all or part of any payment we have made under this Coverage Part,those rights are trans- ferred 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. b.Anyrecoveries shall be applied as follows: (1)First,we will reimburse anyone,in- cluding the insured,the amounts ac- tually paid by them that were in ex- cess of our payments; (2)Next,we will be reimbursed to the ex- tent of our actual payment; and (3)Lastly,any amounts left after meeting the obligations outlined in (1)and (2) above will be distributed to anyone else known to us at the time a recov- ery is made and who is legally enti- tled to such recovery. Expenses incurred in the recovery shall be apportioned among all interests in the ratio of their respective recoveries as fi- nally settled. If there is no recovery as a result of our attempts,we shall bear all of the recovery expenses. c.If prior to an "occurrence"to which this Coverage Part would apply,you and the issuer of your applicable "underlying in- surance"listed specifically in the Sched- ule of Underlying Insurance waive any right of recovery against a person or or- ganization for injury or damage,we will al- so waive any rights we may have against such person or organization. Template updated 2-12-19 This form must be submitted with the Bid Proposal. Certification of Compliance with Wage Payment Statutes The bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date, the bidder is of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signature of Authorized Official* Printed Name Title Date City State Check One: Sole Proprietorship Partnership Joint Venture Corporation LLC State of Incorporation, or if not a corporation, State where business entity was formed: If a co-partnership, give firm name under which business is transacted: *If a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). If a co-partnership, proposal must be executed by a partner. Elite Contracting Co., Inc. DBA Elite Electrical Contracting Miriam Davis Vice President 04/28/2025 Longview WA Washington N/A