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HomeMy WebLinkAbout4928 Contract Number: 4928 Vendor: STAN PALMER CONSTRUCTION, INC. Subject: Lions.Park Renovation Department: Engineering File Class: LEG 12 -1 Begin Date: 6/17/2010 End Date- 12/31/2010 Review Date: 10/1/2010 Vault Date: 2014 Comments: Notice of Completion 12/14/11 AFFIDAVIT OF PUBLICATION Account #74559 AD #278903 STATE OF WASHINGTON COUNTY OF KITSAP 1, Jessica Zuehl - Miller, being first duly sworn on oath, deposes and says That she is now, and at all tunes embraced in the publication herem mentioned was the principal clerk of the printers and publishers of KITSAP SUN, that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said tune, was printed in an office maintained in the aforesaid place of publication of said newspaper, that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit And on December 14, 2011 such newspaper was regularly distributed to its subscribers during all of said period The full amount of the fee charged for the foregoing publication is the sum of $5175 This amount has not been paid in full (Signature of Principal Clerk) Subscribed and sworn to before me this day of January 31, 2012 Notary Public in and for the State of Washington, Kitsap County CASSANDRA A CAPAS Notary Public State of Washington My Commission Expires February 04, 2014 NOTICE OF COMPLETION Notice of Completion has been issued to Stan Palmer Construction, Protect No 6135 for the Lions Park Renovation Any parties having a claim for material, labor or damages related to this Contract have forty five (45) days from the date of first publication of this notice to file a claim Shannon Conn City Clerk 345 6th Street Bremerton, Washington 98337 December 14, 2011 AD #20120492 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: 4928 STAN PALMER CONSTRUCTION, INC. Lions Park Renovation Engineering LEG 12-1 6/17/2010 12/31/2010 10/1/2010 Comments : � � � i ' � � � � !� � � � ' r� CONTRACT CI�"I' OF BRENNI�RTON, KI'�'SAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this � day of � 20� between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and Stan Palaner Construction, Inc. hereinafter called the Contractor. WITNESSETH: That in consideration of the terxns and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials and equipment for the I.,aons Park Renovation, in accordance with and as described in the attached Plans and Specifications, and the 2008 Standard Specifications of the Washington State Department of Transportation which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton. II. The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Specifications and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract. III. The Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors. N. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor. ' V. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein. � City of Bremerton Lions Park Renovation LD-12 Apri12010 � L C I � � l�J � � Ii 'J C � L�J � IJ LJ C�� C 0 LJ VI. INDEMNIFICATION. Contractor shall defend, indemnify and hotd the City, its offcers, officials, employees, agents and voiunteers harmless from any and all claims, injuries, damages, losses or suits ineluding all legal cost and attorney fees, azising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction deterrnine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of badily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its ot�icials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD 1'HAT TT-�IS INDEMNIFICATION CONSITUTES TI� CONTRACTOR'S WANER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNLFICATION. T� PARTIES ACKNOWLEDGE THAT'I��Y HAVE MUTUALLY NEGOTIATEll THIS WANER. The provisions of this section shall survive the expiration of termination of this agreement. IN WITNESS Vl� IEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Bremerton the day and year first above written. Executed by the Contractor this 8th day of June , 20 10 n Zaratian, Sr. Vice resi t .^ Contractor Executed by the Local Agency this � ---�� day of (SEAL) City of Bremerton Lions Park Renovation LD-13 Approving Authority Apri12010 LJ City of Bremerton Attorne ' -.. � � L_ J � u � L�� � C�' �_� � � IJ �- a �A 5c. � � ee ��de�-�� APPROVED AS ?� FORM this ' Address of locaE office.and agent of Surety Company: � � Ciry ojl3renrerion Lians Park Renovalion J CONTRACT BONI) Bond No. 105439185 CITY QF BREMERTON, HITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS: Tj18t Stan Palmer Construction, Inc. �f Port Orchard, WA � Principal c�ifldTravelers casua�ty and surety company of America , IIs Surety, are jointly and severa[ly held and bneuid unto THE CITY OF BREMERTON, the penal sum of `One Million Three D �$i 359, 737. 16 )� for the payment of wliich we jointly and severa�ly bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, fumly by these presents. *HUndred Fifty Nine Thousand Seven Hundred Thirty Seven and 16/100 The condition of this bond is such that WHEItEAS, on tlte stn day of June , A.D ., �� 10 ,[}1C SSId Stan Palmer Construction Inc , Principal herein, e.cecuted a certain Contract with the City of Brettterton, by the terms, conditions and provisions of which Contract Ehe saidscan Palmer Construction, �n� p�cipal herewith, agrees to furnish alt materiats tmd do certain work, ta-�vit: That the said Principal E�erein �vill undertake and complete tlie following described tiV01'Ic: Lions Park Renovation the County afltitsap, Washingtan, ns per maps, plans and specifications made a part of said Contract, whicli Contract as so executed, is her�unto attached, a�id is now referred to and 6y this reference is incorporated herein and made a part hereaf as fui[ for aIl purposes as if here set Fortli at length. NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects and shalt well and hv(y and f�ully do and perform all matters and things by the said Principal undertaf;en to be performed ttnder said Contract, upon the terms propased therein, and within Ehe time prescribed dierein, and until the same is accepted, And shall pay all laUorers, mechAnics, subcontractors and matcrialmen, and all persons �vho sltall supply such Con€ractor or subcontractor with provisians and supplies For the carrying an of snch �vorl:, and shal! in all respects faithfuily perform said Coniract according to law, ti�en this obligation to he void, otlier�vise to remain in fall force and effect. WITNCSS our hands this etn r Construction, Inc. LD-I a day of June �� 10 '- — Principal Travelers Casualty and Surety Company of America Surety Company Karen Swanson Attorney-in-fact day af _ , ?p . Bremerton Attarney April �010 j -' I . �..�� � ' ' ' ' , , ' ' ' , ' ' - WARNING• THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER �A� POWER OF ATTORNEY TRAVELERS Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company 'IYavelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. '11�avelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney Fact No. 221935 KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guazdian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualry and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidel�ty and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guazanty Insurance Company is a corporation duly orgamzed under the laws of the State of Iowa, and that Fidelrty and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsm (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appomt Eric Zimmerman, Karen Swanson, Brent E. Heilesen, Anne E. Strieby, James B. Bmder, Peter J. Comfort, Jennifer L. Snyder, Lisa Kerstetter, Julie R. Truitt, Peggy A. Firth, Tamarie Ellingsen, Steve Marinkovich, Melinda Carlson, and Christopher Kinyon of the City of Tacoma , State of Washington , their true and lawful Attorney(s)-in-Fact, each m their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recogn�zances, condihonal undertakings and other wrihngs obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guazanteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or perrriitted in any actions or proceedings allowed by law. Certi�cate No. 0 0 � � � � " " � IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th T�P(`PIY1�1P1' 7nnQ . . . , - . " day of Farmington Casualty Company Fidelity and Guaranty Insurance Company ' Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company TYavelers Casualty and Surety Company TYavelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ��.����yyy �,,,,,,u „�, w--•.. G�SU��� � Jy F\RE 6 ��N.,�NSG '�'+ �NSUq� J p�tY Aryo� �µ F� p ? Oi'iORf 4 ri`e o� - �9 eZpFPORAl9's Q` J . '. ,�,C u 9 G9 Q �� Z�t 982� o � 19n ��TED m �i .., c� �,'aoavaanrf: �i a MnaTfORD, � �W1RTF'CND,� �� ��� 4 , b ��5 a � 1951 N � "• SEAL �0"1 �`: 1[ ° � t � � a�. o �`:, i 6�SSibL:'D � CONN. ro �� �O,�} r � A � *lL� M,�s � „�� a; .. ,� f � o , . , •... ..: �a r �a + �� 1 � ` . �'»..+� r:.r 1 "" � �► �N�O' �+..' State of Connecticut City of Hartford ss. By: Georg Thompson, emor ice Presiden[ On this the 29th day of December 2009 before me personally appeared George W. Thompson, who acknowledged himself [o be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guazanty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregomg instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. � My Commiss�on expires the 30th day of June, 20ll . � p� � `('(� c�i�► C . � Mazie C Tetreault, Notary Pubhc 58440-4-09 Printed in U.S.A. TNE RED This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fazmington Casualty Company. Fidelity and Guazanty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions ate now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certi£icate of authority may prescribe to sign with the Company's name and seat wrth the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any [ime may remove any such appointee and revoke the power given him or her; and it is � � � FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may , delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegahon is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, convact of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking ' shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their cer[ificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is ' FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be aff`ixed by facsimile to any Power of Attorney or to any certifica[e relating thereto appointing Resident Vice Presidents, Resident Assistant Secretazies or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsim�le seal shall be valid and bmdmg on the Company in the future with respect to any bond or understanding to which it is attached. � I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwnters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and UnitedStates Fidelify and Guazanty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,-which.is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand a�d affixecl�the seals of�said,Coinpanies this � day of , 20 �� � �., � , � ��������G ' " Kori M. Johans Assistant Secretary I.SU ���� F R 4 �N IMf ."'j ��iv qp� � G �� � r \ �.......4 P . n�. J ,��'�rTy �pWn '�'0 .` �` � '', o • •.9 0 :. . . '°� m 'o F � �o m ltOR 4�' pPORAT � � 9 � � I 19 8 2 0 � ° " . i' � "' f ': � : HaRrwAD, �HAmFOR0.� < ��� � � ° � ysn °�� � o . +- � 9 y � y9J , ' �;SEALfo! �:SBALia y c�N• o ��+• Je N 1896 � � 1� t �o � ., � : e > .L� r d S � ,� �� v......... v:•.... � a s e t \. �.�� �/ y.� A S' y. F x M1 Ncc 1S . AM�,f 1 ......: b p+ '�// N� � � � To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER � ACORD CERTIFICATE OF LIABIL6TY INSUR�►NCE DATE(MM/DD/WY1� 06l08/2010 PRODUCER THIS CERTIFICATE IS ISSUED AS A MA7TER OF INFORMATION Propel Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Tacoma Commercial Insurance ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA Vailey Forge Insurance Company Stan Palmer Construction, Inc. ir,suReR e: Insurance Company of the State 5107 State Hwy 3 SW iNSUaeR c: Great American E& S Insurance Port Orchard, WA 98367 iNSUReR o: Continental Casualty Company INSURER E: COVERAGES 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 DOCUpAENT 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D' TypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION lTR NSR DA E MM D DA M D LIMITS A GENERAL LIABILITY 2095359102 07/31/2009 07/31/2010 EACH OCCURRENCE $� QQQ QQ� X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $3OO OOO CLAIMS MADE � OCCUR MED EXP (My one person) $� Q QQQ X PD Ded: $2 ,000 PERSONAL 8 ADV INJURY $'I OOO OOO GENERALAGGREGATE $2 OOO OOO GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 52 OOO OOO POLICY X j LOC � AUTOMOBILE LIABILITY 2095359116 07/31l2009 07/31/2010 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY a SCHEDULED AUTOS (Per person) X HIREDAUTOS BODILY INJURY S X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE S (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG b B EXCESS / UMBRELLA LIABILITY 8767118 07/31 /2009 07/31 /2010 EACH OCCURRENCE $� Q 00� QQQ OCCUR � CLAIMS MADE AGGREGATE E'I O OOO OOO S DEDUCTIBLE $ RETENTION S $ A WORKERS COMPENSATION AND WA State Fund WC STATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR�PARTNERIEXECUTIVE 2095359102 07/31/2009 07/37/2010 E.L. EACH ACCIDENT $� ��� ��� OFFICERlMF�MBER EXCLUDED7 (Mandatory n NIi) WA Stop Gap E.L. DISEASE - EA EMPLOYEE $'I OOO OOO It yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $� ,OOO OOO (� OTHER pollution CSE879939700 07/31/2009 07/31/2010 $1,000,000/$2,000,000 Liability $25,000 Deductible A L/R E ui ment 2095359102 07/31I2009 07/31/2010 $350,000/$1,000 Ded. ESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT! SPECIAL PROVISIONS E: Lions Park Renovation; City of Bremerton Project No. 6135 he City of Bremerton is named an additional insured with respect to the Lions Park Renovation. CERTIFICATE HOLDER CANCELLATION 10 Da s for Non-Pa ment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Bremerton DATE THEREOF, THE ISSUING iNSURER WILL ENDEAVOR TO MAIL �_ DAYS WRITTEN 3027 Olympus Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FA�LURE TO DO SO SHALL Bremerton, WA 98310 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESE TATIVE �� �� �� CORD 25 (2009/01) � of 2 #S452310/M300545 O 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD KRW00 � 2095359102 ' Stan Paimer Construction, Inc. G-17957-G (Ed. 01/01) ' INAPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. IJ !J � � � ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS-COMPLETED OPERATIONS HAZARD". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS-COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 1� �J � u � � �J � Designated Project: RE: Lions Park Renovation; City of Bremerton Project No. 6135The City of Bremerton is named an additional insured with respect to the Lions Park Renovation. (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injur�'. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. SCHEDULE 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injur�' or "property damage" arising out of the "products-completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injur�' or "property damage" arising out of the "products-completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or � G-17957-G Page 1 of 2 (Ed. 01 !01) 1 ' ' ' C ' ' ' ' ' ' 2095359102 Stan Palmer Construction, Inc. b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architecYs, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The � Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: G-17957-G ' (Ed.01/01) G-17957-G (Ed. 01 /01) (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suiY' to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suiY' from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2