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HomeMy WebLinkAbout5666 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Norton Corrosion Limited ("Contractor"), whose mailing address is 8820 - 222nd Street SE, Woodinville, WA 98077. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Inspection of the Cathodic Protection System for the Bremerton Boardwalk and repair of bonding work as identified in a previous inspection report. 2. TIME OF COMPLETION. Contractor shall complete the work within 30 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 3,658.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City,and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor&Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. 4. INDEPENDENT CONTRACTOR. 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 disability 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 sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: PUBLIC WORKS AGREEMENT—Page 1 of 7 (between City of Bremerton and Norton Corrosion Limited) A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries can be found here: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason,that a change order is necessary,Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however,the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City. PUBLIC WORKS AGREEMENT—Page 2 of 7 (between City of Bremerton and Norton Corrosion Limited) 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or(3)not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Contractor also waives any additional entitlement andaccepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section,the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by PUBLIC WORKS AGREEMENT—Page 3 of 7 (between City of Bremerton and Norton Corrosion Limited) the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages 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 determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, 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 THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. PUBLIC WORKS AGREEMENT—Page 4 of 7 (between City of Bremerton and Norton Corrosion Limited) 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors. Before beginning the work on the project described in this agreement,the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000.000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground(XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City,its officials,employees,agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 600, Bremerton, WA .98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual PUBLIC WORKS AGREEMENT—Page 5 of 7 (between City of Bremerton and Norton Corrosion Limited) orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk,and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. PUBLIC WORKS AGREEMENT—Page 6 of 7 (between City of Bremerton and Norton Corrosion Limited) K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. TRACTOR TH CITY OF BREMERTON Print Name:6\„\k kD iso kx,u I Print a e: Jeff Elevado Title: Gc_ he Title: Parks and Recreation Director DATE \\3CA.0 DATE i/24go1) Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: \*\,..1n ... <-atttios.... C,�, .i Tom Cressman 1.44.. a.0 -),.. & SSC S C. 680 Lebo Blvd. \ � .\ er r-. SPC., W-41.5'5Ca'l 7 Bremerton, WA 98310 (360) 473-5309 (360) 473-5882 (facsimile) APPROVED AS TO FORM: Bremerton Attorn ATTEST: 4, ► atii' Bremerton City Clerk PUBLIC WORKS AGREEMENT—Page 7 of 7 (between City of Bremerton and Norton Corrosion Limited) PREVAILING WAGES County Trade Job Classification Wage Holiday Overtime Kitsap Shipbuilding & Ship Repair Electrician $25.53 1 Kitsap Shipbuilding & Ship Repair Laborer $19.64 1 Kitsap Shipbuilding& Ship Repair . Machinist $19.29 1 Kitsap Shipbuilding& Ship Repair Operator $19.44. 1 Prevailing wage rates are available at: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx +' NORTON CORROSION LIMITED 8820 222nd Street SE,Woodinville,WA 98077 b Phone(425)483-1616 • Fax(425)485-1754 E-mail:sales@nortoncorrosion.com www.nortoncorrosion.com - September 1,2016 Tom Cressman City of Bremerton 680 Lebo Blvd Bremerton, WA 98310 Via Email: Tom.Cressman@ci.bremerton.wa.us Subject: 2016 ANNUAL INSPECTION-CATHODIC PROTECTION SYSTEM OVER WATER PARK BOARDWALK Dear Mr. Cressman: Norton Corrosion Limited (NCL) would like to remind you that the cathodic protection system installed to protect the subject structure from corrosion is due for its Annual Inspection. NCL recommends this inspection to ensure proper cathodic protection system operation and lower system operating costs. Our records indicate your last inspection was performed by NCL on November 27,2012. Your Annual Inspection includes all necessary tests, any minor adjustments that may be required, and a written report detailing raw data collected; our observations, conclusions, and recommendations. NCL would be pleased to perform this work for a lump sum fee of$3,658, which includes the bonding work stated from the last report. Your returned authorization (below via fax or to the e-mail address above) can serve as our Notice to Proceed with this work. If you prefer to call, please contact us at 425-483-1616 or 800-426-3111, and we will be pleased to help you. NCL will then add your inspection to our Engineering Schedule, and contact you to schedule your inspection. Please note that our offer is based upon scheduling your inspection with others in the area to keep our costs (and yours) under control. If you have any questions regarding our scope of services, do not hesitate to call. We thank you in advance for the opportunity to continue as your Corrosion Control experts. Sincerely, z P 'l Goodwin /zs12.2r-i Technical Marketing Au horized by Date P:\Documents\SCOpcheckLetters\2016_Letters\Sept_2016\Sent\209I3 CityofBremerton_2016,doc N,i NORTON CORROSION LIMITED 8820 222n1 Street SE,Woodinville,WA 98077 �— Phone(425)483-1616 • Fax(425)485-1754 E-mail: sales@nortoncorrosion.com November 30, 2012 City of Bremerton Attention: Tom Cressman 680 Lebo Blvd Bremerton, WA 98310 Subject: 2012 ANNUAL INSPECTION CATHODIC PROTECTION SYSTEM STEEL SUPPORT PILING OVER WATER PARK BOARDWALK,BREMERTON,WASHINGTON Dear Mr. Cressman: On November 27, 2012, Norton Corrosion Limited (NCL) personnel completed an inspection of the cathodic protection (CP) system and pile wrap coating system installed to mitigate external corrosion of the steel support piling for the Over Water Park Boardwalk. Your signed authorization to complete this testing was issued on October 2,2012. Scope of Work Field work was performed by John Keppler, P.E., NACE certified CP Specialist and Coating Inspector Level 2—Certified and James P. Bailey,NACE certified Corrosion Technician. NCL conducted a structure-to-electrolyte potential survey for the purpose of evaluating the level of CP received. Potential measurements were recorded contacting each pile using a Fluke Model 28 digital multi-meter in conjunction with a portable saturated silver-silver chloride(Ag/AgCI)half-cell suspended 5 feet deep adjacent the pile. NCL visually inspected the visible portions of the CP and coating systems. Photographs were obtained to document the condition of the systems. • Engineering recommendations for repairs and improvements are made herein. Criterion Per NACE International, adequate CP of buried and submerged steel is indicated by a polarized structure-to-electrolyte potential difference of-0.750 volts DC or more negative as measured in reference to the saturated Ag/AgC1 half-cell used. The IR drop in the measurements recorded are assumed to be minimal and have not been accounted for otherwise. NORTON CORROSION LIMITED City of Bremerton November 30,2012 Page 2 Conclusions The attached data sheets detail the results of the CP potential testing in comparison to prior inspections. The data recorded indicates adequate protection is being received, with exception of three piling. The pile at Bent 33, Row A has a broken bond cable. Additionally, the piling at 33.5—A" and 34—A" are receiving less than adequate protection. There are two additional piling not on the original plans located in the vicinity of Bent 19 along the front of the pier. These piling were originally coated but are not bonded to the CP system. Hence they were not receiving protection and do not have pile wrap. With the exception of a few locations identified where the pile wrap have a ding or cut likely caused by floating debris, the coating system was in good condition. Recommendations. NCL recommends the bond to Pile 33-A be repaired by installing a new ring connector. At that time, bond cables should be installed to the two unprotected piling at Bent 19. NCL can ."34° complete these repairs in less than 2 hours with your assistance and boat while in your area 164 for other work. Alternatively, NCL could mobilize our boat and two men at an additional cost. Our Technical Representative will contact you to arrange for repairs. The piling at 33.5-A" and 34-A" fall minimally below the criterion for adequate protection. As the galvanic anodes installed consume, their size is reduced and they output less current. The lower level of protection on piling located in deeper water at the north end of the pier may indicate the earliest signs of anode consumption. NCL recommends completing pier inspections biennially to assure continued operation of the system and to evaluate the level of protection being maintained. In respect to the weather conditions encountered, NCL would appreciate if the inspection period was moved up permitting the work to be completed in September or October, when the weather conditions are generally better. NCL is pleased to be of service to the City of Bremerton. If you have any questions or require additional information,please do not hesitate to contact our office. Sincerely, John F. Keppler, P.E. Corrosion Engineer cc:PGoodwin,NCL,enol,photos,data 20871om Bremerton„Boardwalk..docx r � l(`� ® DATE(MMIDDIYYYY) Aco�� • CERTIFICATE OF LIABILITY INSURANCE 1/25/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Fontenot NAME: Insgroup, Inc. PHONE (713)541-7272 FAX (713)772-5224 jA/C,No,Ext): (A/C,No): 1455 W. Loop South, 9th Floor ADORess:lfontenot@insgroup.net INSURER(S)AFFORDING COVERAGE J r 1 NAIC# Houston TX 77027 INSURERA:Scottsdale Insurance Co. /'l^�i,�' , ! 41297 INSURED INsURERaAmerican States Ins Co f 19712 Norton Corrosion Limited, LLC INSURERc:Alaska National Insurance Cdpa 37833 8820 222nd Street SE INSURERD:Builders Mutual Ins Co 10844 INSURER E: _ Woodinville WA 98077 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1711383286 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED 50 000 PREMISES(Ea occurrence) $ VRS0002583 10/10/2016 09/30/2017 MED EXP(Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X ECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED 01C1784875-1 09/30/2016 09/30/2017 BODILYINJURY(Per $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A x EXCESS LIAB CLAIMS-MADE VES0002234 10/10/2016 09/30/2017 AGGREGATE $ 5,000,000 DED RETENTION$ i $ C WORKERS COMPENSATION 16110172912 - Alaska 09/08/2016 09/08/2017 X PER H PEATUTE_ ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 161WU09326 - USL&H WA Only 09/30/2016 09/30/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A D (Mandatory in NH) 69JOUB-7H68446416 - NC 09/03/2016 09/03/2017 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A PROFESSIONAL LIABILITY VRS0002583 10/10/2016 09/30/2017 AGGREGATE/EA.CH CLAIM $2M / $1M A POLLUTION LIABILITY VRS0002583 10/10/2016 09/30/2017 AGGREGATE/EA.CH COND. $2M / $1M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder's complete name: The City of Bremerton, its officials, employees, agents and volunteers • • The General Liability policy include a blanket additional insured endorsement VPE201 515, primary and non-contributory and waiver of subrogation language is included to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Policy include a 30 day notice of cancellation to the certificate holder only when there is a written CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street Suite 600 AUTHORIZED REPRESENTATIVE Bremerton, WA 98337 Henry Hochman/LFFaa.--r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INCf19c i9mani) V COMMENTS/REMARKS contract between the named insured and certificate holder that requires such status. The Auto Liability policy provide a blanket additional insured endorsement, waiver of subrogation endorsement and a blanket 30 day notice of cancellation endorsement to the certificate holder only when there is a written contract between the named insured and • certificate holder that requires such status. Workers Compensation policy provide a blanket waiver of subrogation endorsement only when there is a written contract between the named insured and certificate holder that requires such status. USL&H/Maritime is under Alaska National_ policy and Alaska WC is under the Alaska National policy. North Carolina coverage is under Builders Mutual Ins Co. Excess Liability policy is follow form with scheduled policies to include Auto Liability, General Liability and Employers Liability. II OFREMARK COPYRIGHT 2000, AMS SERVICES INC. vu�y INULIJvct. Vi(JUVUGJZ53 Effective Date: 10/10/2016 Expiration Date: 09/30/2017 VIRTUE RISK PARTNERS VIRTUE PACK COMMON POLICY CONDITIONS This endorsement modifies insurance provided under VIRTUE PACK SERVICE BUSINESS PACKAGE POLICY. Notwithstanding anything contained to the contrary in this VIRTUE PACK Service Business Package Policy,it is hereby agreed that all coverages bound and scheduled in the VIRTUE PACK Service Business Package Policy Declarations or the Contractors Pollution Liability Supplemental Declarations are subject to the following terms and conditions. In the event of a conflict between the provisions of these Common Policy Conditions and any Coverage Part, the provisions of these Common Policy Conditions shall control. A. LIMITS OF LIABILITY AND DEDUCTIBLE-ALL COVERAGE PARTS 1. With the exception of any defense costs paid under the Commercial General Liability Coverage Part,the General Aggregate Limit Applicable to All Coverage Parts Combined, shown in the Declarations under Item III: Limits of Liability,is the most we will pay for the sum of CLAIMS, CLAIMS EXPENSES,occurrences or damages under all Coverage Parts, Optional Coverages, Supplemental Coverages, and Supplementary Payments under this VIRTUE PACK Service Business Package Policy. 2. If any CLAIM under any Coverage Part of this VIRTUE PACK Service Business Package Policy applies to multiple Coverage Parts,then the General Aggregate Limit Applicable to All Coverage Parts Combined,shown in the Declarations shall be limited to the highest applicable Limit of Liability payable under any one of the applicable Coverage Parts,with the exception of any applicable Excess Liability Coverage. B. ADDITIONAL INSURED 1. It is understood and agreed that Section II.WHO IS AN INSURED of the Commercial General Lability Coverage Part and Section IV.DEFINITIONS,Paragraph I.INSURED of the Contractors Pollution Legal Liability and Professional Liability Coverage Parts,as applicable,are amended to include ADDITIONAL INSUREDS,but only with respect to liability for"bodily injury," "property damage," "personal and advertising injury"or LOSS caused,in whole or in part,by: a) "your work", YOUR SERVICES, oz PROFESSIONAL SERVICES performed for that ADDITIONAL INSURED and included in the "products-completed operattons hazard'; b) Your acts or omissions in the performance of your ongoing operations;for that ADDITIONAL INSURED;or c) The acts or omissions of those acting on your behalf in the performance of your ongoing operations for that ADDITIONAL INSURED. However: 1. The insurance afforded to such ADDITIONAL INSURED only applies to the extent permitted by law;and 2. If coverage provided to the ADDITIONAL INSURED is required by a contract or agreement, the insurance afforded to such ADDITIONAL INSURED will not be broader than that which you are required by the contract or agreement to provide for such ADDITIONAL INSURED. 2. With respect to the insurance afforded to any ADDITIONAL INSURED, the following is added to Section III. LIMITS OF INSURANCE of the Commercial General Liability Coverage Part and Section V. LIMITS OF LIABILITY AND DEDUCTIBT,F of the Contractors Pollution Legal Liability and Professional Liability Coverage Parts: If coverage provided to the ADDITIONAL INSURED is required by a contract or agreement,the most we will pay on behalf of the ADDITIONAL INSURED is the amount of insurance: a.Required by the contract or agreement;or b.Available under the applicable Limits of Insurance,whichever is less. VP E 201(5/15) Page 1 of 9 ©2015 Virtue Risk Partners,LLC it is unaerstooa ana agreea mat ror me purposes or mis'r.naorsement the touowing centurion snail apply. A.4ADDITIONAL`INSURED means;'. 1 Any person or entity specifically endorsed onto tht�Pokey as ari ADDITIONAL'INSURED If 'hy, ;such ADDITIONAL INSURED shall maintain only those rights pursuant to'thrsrPolicya area specified by endorsement;'c 2 Anyrperson or orgaruzatton the NAMED INSURFs D rs required to name as,an a"ddit7onaldnsuredin a wtltten contract or agreement,but;only with respect to"your work,"Y®UR SERVICES or PROrL,SSIONAL SERVICES performed by or on behalf of the NAIvIED�INSURED for that person or§ibi- za lof;:However,such persons or organizations are covered only with respect to "bodily injury,""property damage," "personal and advertising injury,"or LOSS arising out of"your work,"YOUR SERVICES or PROFESSIONAL SERVICES and are not covered for any"bodily injury,""property damage,""personal and advertising injury,"or LOSS arising out of the person's or organization's own liability. C. EXCLUSIONS There is no coverage whatsoever under this Policy for any of the following. We will also have no duty to defend the insured agai any suit seeking damages to which this insurance does not apply. 1. Cross Suits Any liability or obligation from any CLAIM initiated,alleged or caused to be brought about by a NAMED INSURED or INSURED against any other NAMED INSURED or INSURED. This exclusion shall not apply to CLAIMS brought by any person(s) or organization(s)whom you agree,in a written contract,to name as an ADDITIONAL INSURED. 2. Prior Knowledge,Expected or Intended Injury BODILY INJURY,PROPERTY DAMAGE,ENVIRONMENTAL DAMAGE or POLLUTION CONDITIONS expected or intended,should have been know)n by,or could have reasonably been expected by any RESPONSIBLE INSURED,to give rise to a CLAIM. This exclusion shall not apply to BODILY INJURY resulting from the use of reasonable force to protect persons or property. 3. Intentional Acts BODILY INJURY,PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE based upon or arising from any acts of an INSURED which are based upon or otherwise attributed to the INSURED'S intentional,willful, dishonest, fraudulent,malicious,deliberate or knowingly wrongful act,including but not limited to such behavior or non-compliance with anystatute,regulation,ordinance,administrative complaint,notice of violation,notice letter,executive order,or instruction of any governmental agency or body prior to or after inception of this Policy,including but not limited to an intentional discharge,seepage, disposal,dispersal, migration,release of any substance that could cause a POLLUTION CONDITION,committed by or at the direction of a RESPONSIBLE INSURED. This exclusion does not apply to a RESPONSIBLE INSURED that did not commit, participate in, or have knowledge of such an act. 4. Workers'Compensation Any liability or obligation of any INSURED under any workers compensation,disability benefits, unemployment compensation, employee benefits,pension shaming,ERISA law or any similar federal, state or local law and any amendments thereto. 5. Employment Practices Liability INJURY OR DAMAGE to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's employment;or (3) Employment-related practices,policies,acts,or omissions,such as coercion, demotion,evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person;or VP E 201(5/15) Page 2 of 9 ©2015 Virtue Risk Partners,LLC o. the spouse,cnua,parent, oromer or sister or mat person as a consequence or EN.)utci vtc.univinksr,to that person at whom any of the employment-related practices described in paragraphs (1), (2) or (3) above is directed. This exclusion applies whether the injury-causing event described in paragraphs (1), (2) or (3) above occurs before employment,during employment or after employment of that person. This exclusion applies: 1. Whether the insured may be liable as an employer or in any other capacity;and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 6. Employer's Liability BODILY INJURY to: 1. An EMPLOYEE of the INSURED,its parent, subsidiary or affiliate,arising out of and in the course of employment by the INSURED or while performing duties related to the conduct of the INSURED'S business;and 2. The spouse, child, parent, brother or sister of that EMPLOYEE as a consequence of Paragraph 5 a. above. • This exclusion applies whether the INSURED may be liable as an employer or in any other capacity and to any obligation of any INSURED to share damages with or repay someone who must pay damages because of such BODILY INJURY. This exclusion does not apply to liability assumed by the INSURED under an INSURED CONTRACT. 7. Related Claims Any coverage provided under this Policy shall not apply to a CLAIM previously reported to the Company or any CLAIM c CLAIMS EXPENSES involving substantially the same general conditions or allegations that gave rise to any demand a referenced in the application,including any addendum or addenda attached thereto. 8. Injunctive Relief,Fines and Penalties Any CLAIM seeking injunctive relief or payment for fines or penalties. 9. Project Coverage Any liability or obligation from any project for which any INSURED is an insured on a separate project-specific policy issued by any insurance company. 10.Any CLAIM arising from: false arrest, detention or imprisonment,malicious prosecution;the wrongful eviction from,wrongful entry into, or invasion of the right of private occupancy of a room,dwelling or premises that a person occupies,committed by or on behalf of its owner,landlord or lessor; oral or written publication,in any manner,of material that slanders or libels a person or organization or disparages a person's or organization's goods,products or services;or oral or written publication,in any manner,of material that violates a person's right of privacy;the use of another's advertising idea in any advertisement; or infringing upon another's copyright,trade dress or slogan in your advertisement. 11. Unsolicited Communications Any liability or obligation, including obligations to pay damages or defend any claim or suit by reason of the assumption of liability in an INSURED CONTRACT, from unsolicited communications or allegations of unsolicited communications made by or on behalf of any INSURED. Unsolicited communications means any form of communication,distribution,or the transmittal or publication of information or material,including,but not limited to facsimile,electronic mail,postal mail,express mail, telephone,interne or web-based advertisement,instant message,SMS message or text message that the recipient has not specifically requested. Unsolicited communications includes,but is not limited to actual or alleged violations of a. The Telephone Consumer Protection Act (47 U.S.0 227), including any amendment of; or addition to, such statute; b. The Controlling the Assault of Non-Solicited Pornography and Marketing Act (15 U.S.0 7701), including any amendment of,or addition to, such statue;or c. Any other statue, ordinance or regulation relating to the communication, distribution or transmittal of unwanted content,information or material. VP E 201(5/15) Page 3 of 9 ©2015 Virtue Risk Partners,LLC IL.Access or Lisciosure or connaenuat or Personal lnrormatlon Any liability or obligation arising out of any access to or disclo pure of any person's or organization's confidential or personal information,including patents,trade secrets,processi-ig methods,customer lists, financial information,credit card information,health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses,public relations expenses or any other loss,cost or exp' ense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. 13.Fire Suppression Negligence Exclusion Any liability or obligation arising out of the NAMFD INSURED'S failure to provide safeguards,monitoring or emergency fire suppression equipment, during and up to one It'our after performing any operations involving any activity or operation that generates sparks,flames or heat capable of causing combustion. 14.War Any liability or obligation of any INSURED caused,arising, directly or indirectly,out of: a. War,including undeclaredor civil war; b. Warlike action by a military force,including action in hindering or defending against an actual or expected attack,by any government, sovereign or other authority using military personal or other agents;or c. Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. 15. Radioactive Waste Any liability or obligation for radioactive,toxic or explosive prOhperties of NUCLEAR MA 1'ERIAL.This exclusion shall not apply to the INSURED'S work as it gelates to remediation and/or decommissioning of nonreactive sites which may contain or have become contaminated with Low-Level Radioactive Waste as defined in the Low-Level Radioactive Waste Policy Act and which is under the regulatory authority of the Atomic Energy Act of 1954,as amended. 16.NUCLEAR EXCLUSION I. Any obligation: A. Under any Liability Coverage, to injury, sickness, disease, death or destruction, BODILY INJURY or PROPERTY DAMAGE: 1, With respect to which an INSURED under the Policy is also an INSURED under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association,Mutual Atomic Energy Liability Underwriters,Nuclear Insurance Associationlof Canada or any of their successors, or would be an INSURED under any such policy but for its termination upon exhaustion of its limit o f insurance; or 2. Resulting from the HAZARDOUS PROPERTIES of NUCLEAR MAIERTAL and with respect to which: (a) any person or organization is required'to maintain financial protection pursuant to the Atomic Energy Act of 1954,or any law amendatory thereof,or(b) the INSURED is,or had this policy not been issued would be,entitled to indemnity frim the United States of America, or any agency thereof,under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B Under any Medical Payments Coverage, or under any Supplementary Payments Provision'relating to immediate medical or surgical relief,first aid,to expenses incurred with respect to BODILY INJURY, sickness, disease or death resulting from the HAZARDOUS PROPERTTFS of NUCLEAR MATERIAL and arising out of the operation of a NUCLEAR FACILITY by any person or organization. C. Under any Liability Coverage, to injury, sickness, disease, death or destruction, BODILY INJURY or PROPERTY DAMAGE resulting from HAZARDOUS PROPERTIES of NUCLEAR MATERIAL,if: 1. The NUCLEAR MATERIAL is at, or has been discharged or dispersed from any NUCLEAR FACILITY owned by,or operated by or on behalf of,an INSURED;or 2. The NUCLEAR MATERIAL is contained in SPENT FUEL or WASTE and was at any time possessed, handled,used, processed, stored, transported or disposed of by or on behalf of an INSURED;or VP E 201(5/15) Page 4 of 9 ©2015 Virtue Risk Partners,LLC 1 i 3. The injury,sickness,disease, death or destruction,BODILY INJURY or PROPERTY DAMAGE arises out of the furnishing by an INSURED of services,materials,parts or equipment in connection with the planning,construction,maintenance,operation or use of any NUCLEAR FACILITY,but if such facility is located within the United States of America,its territories or possessions or Canada, this exclusion (3) applies only to injury to or destruction of property at such NUCLEAR FACILITY, PROPERTY DAMAGE to such NUCLEAR FACILITY and any property thereat. As used in this Endorsement: A. HAZARDOUS PROPERTIES mean radioactive,toxic or explosive properties. B. NUCLEAR FACILITY means: 1. Any NUCLEAR REACTOR; 2. Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b)processing or utilizing SPENT FUEL, or(c) handling,processing or packaging WAS ICE; 3. Any equipment or device used for the processing fabricating or alloying of SPECIAL NUCLEAR MATERIAL,if at any time the total amount of such material in the custody of the INSURED at premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any of the combination thereof,or more than 250 grams of uranium 235; or 4. Any structure, basin, excavation,premises or place prepared or used for the storage or disposal of WASTE including the site on which any of the foregoing is located,all operations conducted on such site and all premises used for such operations. C. NUCLEAR MA I'ERIAL means SOURCE MATERIAL, SPECIAL NUCLEAR MA I'ERIAL, or BY- PRODUCT MA I'ERIAL. D. NUCLEAR REACTOR means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. E. SOURCE MA_CEREAL, SPECIAL NUCLEAR MA I'ERIAL, and BY-PRODUCT MA I'ERIAL have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. F. SPENT FUEL means any fuel element or fuel component, solid or liquid, which has been used or expose, to radiation in a NUCLEAR REACTOR. G. WASTE means any waste material: (a) containing BY-PRODUCT MATERIAL other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its SOURCE MATERIAL content, and (b) resulting from the operation by any person/organization of any NUCLEAR FACILITY included in the first two paragraphs of NUCLEAR FACILITY. With respect to injury to or destruction of property, the word injury or the word destruction includes all forms c radioactive contamination of property. PROPERTY DAMAGE also includes all forms of radioactiv contamination of property. D. GENERAL CONDITIONS 1. Actions Against Company: No action shall lie against the Company unless,as a condition precedent thereto, each INSURED has fully complied with all of the provisions of this Policy,or until the amount of the INSURED'S obligation to pay shall have been finally determined either by written agreement of the INSURED or by judgment against the INSURED after actual trial and appeal has been concluded. Any person,organization or legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy.No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED liability,nor shall the Company be impleaded by the INSURED or his legal representative. 2. Additional Premiums: If, during this POLICY PERIOD, an increase in the risk or hazards covered hereunder occurs,the Company shall have the right to charge the appropriate additional premium. VP E 201(5/15) Page 5 of 9 ©2015 Virtue Risk Partners,LLC • J. assignment: ims roncy may not oe assigneu anu snail DC vol0.lr asslgneu or LransIerreu wimout pnoI written consent of the Company. 4. Bankruptcy or Insolvency:Bankruptcy or Insolvency of the INSURED or of the INSURED estate shall not relieve the Company of any of its obligations hereunder. 5. Cancellation: This Policy may be cancelled by the NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing written notification stating when thereafter the cancellation shall be effective.This Policy may be cancelled by the Company for any reason,by mailing to the NAMED INSURED at the address shown in the Policy,written notification not less'than 60 days (10 days for nonpayment of premium) thereafter such cancellation shall be effective.Proof of mailing of such notification shall be sufficient proof of notification.The time of surrender or the effective date and hour of cancellation stated in the notification shall become the end of the POLICY PERIOD. Delivery of such written notification either by the NAMED INSURED or by the Company shall be equivalent to mailing.If the NAMED INSURED cancels, earned premium shall be computed in accordance with the customary short rate table and procedure. If the Company cancels,earned premium shall be computed pro rata.Premium adjustment may be either at the time cancellation is effected or as soon as practicable after cancellation becomes effective,but payment or tender of unearned premium is not a condition of cancellation. 6. Changes: Notification to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy;nor shall the terms of this Policy be waived or changed, except by endorsement issued to form a part of this Policy. 7. Choice of Law: The policy shall be governed and construed in accordance with the laws of the State of New York,without giving effect to conflict of law rules. 8. Coverage Territory. This Policy applies to CLAIMS made: a. In the United States of America (including its territories and possessions),Puerto Rico and Canada; b. International waters or airspace, but only if the injury or amage occurs in the course of travel or transportation between any places included in Paragraph 1 above;or c. All other parts of the world if the injury or damage arises out of: i. Goods or products made or sold by the INSURED in the territory described in Paragraph a.above;or ii. The activities of a person whose home is in the territory described in Paragraph a. above,but is away for a short time on your business. provided the insured's responsibility to pay damages is determined in a CLAIM on the merits, in the territory described in Paragraph a.above or in a settlement we,agree to. 9. Declarations and Representations: By acceptance of this Poli j,the NAMED INSURED agrees that the statements contained in the Application for insurance,all supplemental materials,CLAIM information and any other information including submitted to the Company,including but not limited to the aforementioned,are accurate and complete at the time such information was reported. All submitted information comprise the INSURED'S agreements and representations,and knowledge That this Policy is issued in reliance upon the truth of such representations and that this Policy Declarations,Provisions,and Endorsements embody all agreements existing between all INSUREDS and the Company and supersede any prior express or implied agreements relating to this Policy. The NAMED INSURED acknowledges and agrees that the Application and any other information submitted by the NAMED INSURED is incorporated into,and is part of,this Policy.The NAMED INSURED also acknowledges and agrees that the representations and warranties and contained in the Application or in any other information submitted by the NAMED INSURED in an effort to,procure this Policy,are complete,true and correct and that the Company issued this Policy in specific',reliance upon the representations and warranties contained in the Application and in any other information subrnitted by the NAMED INSURED. 10. Independent Counsel: In the event the INSURED is entitled by law to select independent counsel to defend the INSURED at the Company's expense,the attorney fees and all other litigation expenses the Company must pay to that counsel are limited to the rates the Company actually pays to counsel the Company retains in the ordinary course of business in the defense of a similar CLAIM for in the community where the CLAIM arose or is being defended. VPE201(5/15) Page6of9 � ©2015 Virtue Risk Partners,LLC Additionally,the Company may exercise the right to require that such counsel have certain minimum qualifications with respect to their competency,including experience in defending CLAIMS similar to the one pending against the INSURED and to require such counsel to have errors and omissions insurance coverage.As respects any such counsel, the INSURED agrees that counsel will timely respond to the Company's requests for information regarding the CLAIM. Furthermore,the INSURED may at any time,by its signed consent, freely and fully waive its right to select independent counsel. 11.Inspection and Audit: Any of the Company's authorized representatives shall have the right and opportunity, but not the obligation,when the Company so desires,to interview persons employed by the INSURED and to inspect at any reasonable time,during the POLICY PERIOD or thereafter,the INSURED'S premises, equipment,operations,COVERED LOCATIONS and all improvements,structures,products,ways,works, machinery and appliances thereon;but neither the Company nor its representatives shall assume any responsibility or duty to the INSURED or to any other party,person or entity,by reason of such right or inspection.Neither the Company's right to make inspections,nor the actual undertaking thereof nor any report thereon shall constitute an undertaking on behalf of the INSURED or others,to determine or warrant that property or operations are safe,healthful or conform to acceptable engineering practices or are in compliance with any law,rule or regulation.The NAMED INSURED agrees to provide access to appropriate personnel to assist the Company's representatives during any inspection.The Company shall also have the right to examine or audit any financial records of the NAMED INSURED to inspect for accuracy in reporting income or revenue as represented and warranted in the Application.Premium audits may be processed as a result of such inspection,after any policy expires or is terminated.Premium adjustment calculations shall determine additional premiums due,if any,and shall not result in any mid-term downward adjustment of premium. 12.Material Change in Risk: The INSURED must endeavor to notify the Company,in writing, of any change in operations which materially increases the risk from that originally assumed by the Company at Policy inception. Any failure by the INSURED to notify the Company may void all additional risk presented to the Company,if that failure to notify the Company presents additional exposure that the company has not had the opportunity to assess or receive due consideration for.The Company reserves the right to rescind all coverage offered under this policy,accordingly. 13.Mediation and Deductible Credit: If the INSURED and the Company agree to use Mediation to resolve a covered CLAIM,and is completely resolved by such Mediation,the INSURED's Deductible obligation will be reduced by 75%, subject to a maximum monetary reduction of$35,000. For the purpose of this paragraph, Mediation means a non-binding process where a neutral panel of individuals assist the parties to reach their own settlement.When this occurs,we will reimburse the NAMED INSURED as soon as practical for any qualifying deductible amount which was already paid by the NAMED INSURED prior to the Mediation. 14. Minimum Earned Premium: If this Policy is cancelled at the request of any NAMED INSURED, the total retained by-the Company shall not be less than 25.00% • 15.Nonrenewal:The Company may non-renew this Policy by mailing or delivering to the NAMED INSURED at the address stated on the Declarations Page, or any endorsement amending the Declarations Page,written notice of nonrenewal at least sixty(60) days before the expiration date of this Policy. The offer of Policy terms, conditions or premium different than those in effect prior to renewal,shall not constitute non-renewal. 16. Other Insurance: Commercial General Liability Coverage Only: a. Primary Insurance: This insurance is primary except when b. below applies. b. Excess Insurance: (1) This insurance is excess over any other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; VP E 201(5/15) Page 7 of 9 ©2015 Virtue Risk Partners,LLC (;) lllaL is 111suraulcC purcuaseu uy yUU Lu cover youL nau111Ly :as a LClla.11l ror pi:upCLLy uauiagc to premises rented to you or temporarily occupied by you with permission of the owner; (d) If the loss arises out of the maintenance or use of aircraft,',"auto" or watercraft to the extent not subject to Exclusion g. of Coverage A (SECTION I); or, (e)That is valid and collectible insurance available to you under any other policy. (2)When this insurance is excess,we will have no duty under Coverages A or B to defend the insured against any"suit"if any other insurer has a duty to defend the insured against that"suit." If no other insurer defends,we will undertake to do so,but we will be entitled to the insured's rights against all those other insurers. (3) When this insurance is excess over other insurance, we will pay only the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all other insurance. If a loss occurs involving two or more policies,each of which states that its insurance will be excess,then our policy will contribute on a pro rata basis. All Other Covera•e Parts exce.t the Environmental.Impairment Liabili Covera•e Part: If any part of either LOSS or CLAIMS EXPENSE are covered under this Policy and any other valid and collectible current,prior or subsequent Policy(ies)issued by any other insurer,this Policy si hall provide coverage for such LOSS or CLAIMS EXPENSE on a pro rata basis with such other policy according to the applicable Limits of Liability of the applicable Coverage Part and such other policy. This coverage shall apply on an excess basis over any and all Project Specific Policies. This insurance shall in no way be increased or expanded as a result of the receivership,insolvency,or inability to pay of any insurer with respect to both the duty to indemnify and the duty to defend.This also applies to the INSURED while acting as a self-insured for any coverage.The INSURED shall promptly upon the request of the Company provide the Company with copies of all policies potentially applicable against the liability to which this Policy applies. The Company's obligation to make any payment for TRANSPORTATION shall be on an excess and non- contributory basis over any other primary and excess insurance available to the INSURED, whether collectible or not. 17 Primary Non Contributory Except as"otherwise specified herein,this Policy shall be considered prrmar to any similar insurance held by third parties with respect tq 'your work"YOUR SERVICES and PROFESSIONAL $ERVICES performed by you under"any written contractual agreement with such#third party It is further; 1 ,x. t f y.n _..._�. ,p'60-611- O g +y O F., ,. d"above may have,rs e�cess and, a eed that an other unsurancerwhtch s'or or anizattons s as reference non'contnbutory to this insurance; 18. Severability: Except with respect to the Limits of Liability,and any rights or duties specifically assigned in this Policy to the NAMED INSURED,this insurance applies as if each NAMED INSURED were the only NAMED INSURED and separately to each INSURED against whom a CLAIM is made. 19. Sole Agent: The NAMED INSURED first listed in the Declarations shall be deemed agent of,and act on behalf of,all other INSUREDS,if any,with respect to all matters involving this policy,including the payment or return of premium,payment of all deductibles,receipt and acceptance of any endorsement issued to form a part of the Policy,giving and receiving notification of cancellation or non-renewal,and the exercise the Policy of the rights provided in the Extended Reporting Period clause,if applicable.The Company shall have the right to seek indemnification from any INSURED or any other person who may be legally liable for the debts of the. NAMED INSURED. 20.Transfer or Recovery Rights: If the Company pays any amount or incurs CLAIM EXPENSE under this Policy, the Company shall be subrogated to the rights of recovery of each INSURED,against any person, firm or organization. All INSUREDS shall execute and deliver instruments and,papers and do whatever else is necessary to secure such rights,including without limitation,assignment of the INSURED rights against any VP E 201(5/15) Page 8 of 9 ©2015 Virtue Risk Partners,LLC person or organization on account or wrucn me company mane payment or incurrea coverage expense unaer this Policy. The INSURED shall do nothing to waive or prejudice such rights either prior or subsequent to any CLAIM. 21.Transfer of the NAMED INSURED'S Rights and Duties:The NAMED INSURED'S rights and duties under this policy may not be transferred without the Company's written consent except in the case of deathof an individual NAMED INSURED. If an individual NAMED INSURED dies,their rights and duties will be transferred to the NAMED INSURED'S legal representative,but only while acting within the scope of duties as the NAMED INSURED'S legal'representative. Until the NAMED INSURED'S legal representative is appointed,anyone having proper temporary custody of the NAMED INSURED'S property will have the NAMED INSURED'S rights and duties,but only with respect to that property. 22 Waiver of Subrogation The Company waives any right of recovery it may have against any persons) or, organization(s) to whom the NAMED INSURED agrees, in a written contract to rovide a waiver of subrogatio: because of payments the Companypmakes for injury or damage arising,out of the YOUR SERVICES done under contract with that person`or organization. This status exists only for the project specified in that contract. Unde no circumstances shall this provision act to extend the policy period, change the scope of coverage, or increase th Aggregate Limits of Insurance scheduled in the VIRTUE PACK Service Business Package Policy Declarations c in any Supplemental Declarations. This paragraph shall not apply to the Environmental Impairment Liability Coverage Part. All other policy terms and conditions shall remain the same. PLEASE READ THIS ENDORSEMENT CAREFULLY AND COMPLEI'hLY. THIS ENDORSEMENT CHANGES THE POLICY. ALL OTHER PERMS AND CONDITIONS REMAIN THE SAME. VP E 201(5/15) Page 9 of 9 ©2015 Virtue Risk Partners,LLC ACORO' CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 9/30/2021 6/9/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES 3657 BRIARPARK DRIVE, SUITE 700 HOUSTON TX 77042 866-260-3538 RECEIVED INSURED Norton Corrosion Limitetl LLC A U U V✓ r, u L l 1493267 8820 222nd Street SE Woodinville WA 98077 City of Bremerton City Attorneys Office rnv�Rnt:�� CFRTIFIrATF NIrMRFR• 17679656 West American Insurance REVISION NUMBER' XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR WA Stop Gap Y Y VRS0004763 9/30/2020 9/30/2021 EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence SO OOO MED EXP An one erson —5�00 PERSONAL & ADV INJURY $ 110001000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRO - POLICY ❑ JECTPRO ❑ LOC OTHER: PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X AUTOS ONLY Y Y BAW (21) 58 09 51 34 9/30/2020 9/30/2021 EOa BINEDtSINGLE LIMIT $ 1,000,000 X BODILY INJURY (Per person) $ XXXXXXX BODILY INJURY (Per accident $ XXXXXXX DAMAGE (Per accident) $XXXXXXX X $ XXXXXXX A UMBRELLA LIAB EXCESS LIAB }� OCCUR CLAIMS -MADE Y Y VES0003164 9/30/2020 9/30/2021 EACH OCCURRENCE $ 5 000 000 X I X AGGREGATE $ 5 000 000 DED I I RETENTION $ $ XXXXXXX WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N EXCLUDED? ANY PROPRIETOR/ R/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A NOT APPLICABLE STATUTE ER E.L. EACH ACCIDENT $ XXXXXXX E.L. DISEASE - EA EMPLOYEE XXXXXXX E.L. DISEASE - POLICY LIMIT XXXXXXX A Contractors Poll. Lia. Prof. Lia. Claims made Y Y VRS0004763 9/30/2020 9/30/2021 Pollution - OCC/AGG $1MM/$2MM Professional - OCC/AGG $1MM/$2MM DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 17629656 AUTHORIZED REPRESENTATIVE City of Bremerton Attn: Risk Management 345 6th Street Suite 600 Bremerton INA 98337 — ACORD 25 (2016/03) ©19M2015 ACORD CORPORATIOK. All rights reserved The ACORD name and logo are registered marks of ACORD Attachment Code : D591630 Master ID: 1493267, Certificate ID: 17629656 All policies include a blanket automatic additional insured endorsement [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. All policies contain a special endorsement with "primary and noncontributory" wording. � l ® DD/YYW)E (MMI ORO CERTIFICATE OF LIABILITY INSURANCE DATE 022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME; "' Christina Casanova Bowen, Miclette & Britt Insurance Agency, LLC PHONE FAX 2800 North Loop West, Suite 1100 RECEIVED EM1No E"t: 713-880-7100 A/C No:713-880-7166 AIL Houston TX 77092 )) ADDRESS: ceasanova@bmbinc.com A U G 2 3 202 1. INSURERS AFFORDING COVERAGE NAIC # INSURER A: Nautilus Insurance Co 17370 INSURED TNHOLDINGS INSURER B :Great Divide Insurance Company 25224 Norton Corrosion Limited, LLC City of Bremerton 11000 North MoPac Expresssway, Suite 500 City Attorney's offi INSURERC: Austin TX 78759 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 281224252 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR 7ypE OF INSURANCE ADDL NSD SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ECP0152053821 10/25/2021 10/25/2022 EACH OCCURRENCE $ 10000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 3005000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y BAP152053921 10/25/2021 10/25/2022 COMBINED SINGLE LIMIT Ea accident $ 11000,000 X ANY AUTO BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS A UMBRELLA LIAB X OCCUR Y Y FFX152054321 10/25/2021 10/25/2022 EACH OCCURRENCE $ 5,000,000 X AGGREGATE $ 5,0001000 EXCESS LIAB CLAIMS -MADE DEDT I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N/A PER STATUTE I OTH- ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Pollution Liability ECP0152053821 10/25/2021 10/25/2022 Ea. Poll. Condition $1,000,000 Shares General Liab, Aggregate Limit DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) "This certificate supersedes previously issued certificate." Professional Liability Carrier: A) Nautilus Insurance Co. - Policy Number: ECP0152053821 Effective Date: 10/25/2021 - 10/25/2022 Each Claim $1,000,000 / $2,000,000 Aggregate (Shared with General Liability aggregate Limit) The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in See Attached.., IFICATE HOLDER City of Bremerton Attn: Risk Management 345 6th Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TNHOLDINGS LOC #: AC R" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Bowen, Miclette & Britt Insurance Agency, LLC Norton Corrosion Limited, LLC 11000 North MoPac Expresssway, Suite 500 POLICY NUMBER Austin TX 78759 CARRIER NAIC CODE THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 EFFECTIVE DATE: FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are available by emailing: certificates@bmbinc.com General Liability: Blanket additional insured Ongoing Operations per form if ECP1246 01/21 Blanket additional insured Completed Operations perform # ECP1248 01/21 Blanket waiver of subrogation per form # ECP1260 01/21 Blanket primary/non-contributory per form # ECP1246 01/21 ; ECP1248 01/21 Automobile: Blanket additional insured per form # BSUM CA 06 02 13 Blanket waiver of subrogation per form # CA 04 44 1 0-1 3 Blanket primary/non-contributory per form # CA 04 49 11 16 Excess Liability: Blanket additional insured per form # FFX8000 03 20 Blanket waiver of subrogation per form # FFX8000 03 20 Blanket primary/non-contributory perform # BSUM-1200 11/18 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. Ali rights reserves. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & DA Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP01520538-21 10/25/2021 10/25/2022 10/25/2021 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III —WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 —Contractors Pollution Legal Liability and Coverage D.4 — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. 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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or ECP 24601 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 111. With respec# to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a persons) or organizations) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement doss not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP0152053&21 10/25/2021 10/25/2022 10/25/2021 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY SECTION III —WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph I. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION 1 — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage D.1 — Contractors Pollution Legal Liability and Coverage DA — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. Ill. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V —LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a persons) or organizations) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc„ used with its permission. Page 2 of 2 ® oRo CERTIFICATE OF LIABILITY INSURANCE DATE 10(MMIDD(MMIDD/YYYY) 22 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bowen, Miclette & Britt Insurance Agency, LLC 2800 North Loop West, Suite 1100 Houston TX 77092 713-880-7100 713-880-7166 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Nautilus Insurance Co 17370 INSURED TNHOLDINGS INSURER B : Great Divide Insurance Company 25224 Norton Corrosion Limited, LLC 11000 North MoPac Expresssway, Suite 500 INSURER C : Austin TX 78759 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1022918110 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL D SUBR POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y ECP0152053822 10/25/2022 10/25/2023 EACH OCCURRENCE $ 1,0005000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY � PRO ❑ LOC JECT PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: I $ B AUTOMOBILE LIABILITY Y Y BAP152053922 10/25/2022 10/25/2023 COMBINED SINGLE LIMIT Ea accident $ 1 0000 0 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS AUTOS A UMBRELLA LIAB X OCCUR Y Y FFX152054322 10/25/2022 10/25/2023 EACH OCCURRENCE $ 51000,000 X AGGREGATE $ 5,0001000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N PER STATUTE OTH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N / A E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Contractors Pollution Liability Y Y ECP0152053822 10/25/2022 10/25/2023 Each Poll. Condition 11000,000 Aggregate 2,0001000 `See Below' DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Professional Liability - Carrier: A) Nautilus Insurance Co. Policy Number: ECP0152053822; Effective Dates: 10/25/2022 - 10/25/2023 Each Claim: $1,000,000 Aggregate: $2,000,000 'Contractors Pollution Liability and Professional Liability share General Liability Aggregate Limit' The following policy provisions and/or endorsements form part of the policies of insurance represented by this certificate of insurance. The terms contained in the policies and/or endorsements supersede the representations made herein. Electronic copies of the policy provisions and/or endorsements listed below are See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Risk Management 345 6th Street, Suite 600 AUTHORIZED REPRESEENTATITIVEE, Bremerton WA 98337 /,urX�✓ r�i9 IX 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: TNHOLDINGS LOC #: AC R" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED '.. Bowen, Miclette & Britt Insurance Agency, LLC Norton Corrosion Limited, LLC 11000 North MoPac Expresssway, Suite 500 POLICY NUMBER Austin TX 78759 CARRIER ADDITIONAL REMARKS NAIC CODE EFFECTIVE DATE: THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE available by emailing: contact person as shown above. General Liability: Blanket additional insured Ongoing Operations perform #ECP1246 01 21 Blanket additional insured Completed Operations per form #ECP1248 01 21 Blanket waiver of subrogation per form #ECP1260 01 21 Blanket primary/non-contributory perform #ECP1246 01 21; ECP1248 01 21 Blanket additional insured per form #BSUM CA 06 02 13 Blanket waiver of subrogation per form #CA 04 43 11 20 Blanket primary/non-contributory per form #CA 04 49 11 16 Worker's Compensation: Blanket waiver of subrogation per form #WC 00 03 13 04 84, WC 04 03 06 04 84, WC 42 03 04 B 06 14, WC 43 03 05 07 00 Worker's Compensation - AZ: Blanket waiver of subrogation per form #WC 00 03 13 04 84 Excess Liability: Blanket additional insured per form #FFX 8000 02 22 Blanket waiver of subrogation per form #FFX 8000 02 22 Blanket primary/non-contributory perform #FFX 8000 02 22 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, D.1 & D.4 ' Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP0152053822 10/25/2022 10/25/2023 10/25/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III —WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such persons) or organizations) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA — Contractors Pollution Legal Liability and Coverage DA — Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I - COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY directly caused by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organizatien's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. 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: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insureds) at the location of the covered operations has been completed; or ECP 24601 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 111. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V —LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a persons) or organizations) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, D.1 & DA Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP0152053822 10/25/2022 10/25/2023 10/25/2022 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION 111 —WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy; and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph I. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. Such person(s) or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA — Contractors Pollution Legal Liability and Coverage DA — Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products -completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Will not extend beyond that which is provided to you in this policy. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V —LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI — ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 REPORTING, DEFENSE, SETTLEMENT & COOPERATION: 1. Duties -- Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable; and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V, SECTION VII —CONDITION 10. —Other Insurance is amended by the addition of the following which supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a persons) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work included in the products -completed operations hazard which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project - specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to #his policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1248 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 2 of 2