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HomeMy WebLinkAbout5716GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and AXs Backflow testing. ("Vendor"), whose mailing address is: 1511 Carr Blvd. Bremerton WA 98312 The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the city. The licensed Vendor shall perform backflow assembly testing for thirty seven (37) separate backflow assemblies at various locations on park properties as identified in the June 12, 2017 proposal, attached hereto as Exhibit A, which is incorporated by reference herein. In the event that a backflow assembly fails, the contractor shall clean/repair and retest the assembly at no additional cost to the city. Replacement will be completed by city crews if needed. The contractor shall submit test reports to the water utility and Bremerton Parks Department. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within _60 calendar days from the date all parties have signed this Agreement. 3. COMPENSATION. The City shall pay the Vendor the total amount of 1,295.00, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following amounts according to the following schedule: A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services on its own or from a third party, and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor. 4. INDEPENDENT CONTRACTOR. Vendor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Vendor 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 Vendor; officer, agents, employees and sub -contractors. The Vendor shall also secure all Rev. 02-16 applicable business licenses, if required, in connection with the contract services, including all required licenses for Vendor'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: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full ' and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to comply with federal, state or local laws, rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials, and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. 6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor's costs or time for perfornniance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Vendor'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 2 Rev. 02-16 that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor 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 Vendor's records needed for evaluating the protest. 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. Vendor's Duty to Complete Protested Work. In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor 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 Vendor 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 Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 7. CLAIMS. The Vendor 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 the Vendor 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 Vendor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(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. Vendor 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. 3 Rev. 02-16 8. WARRANTY. The Vendor 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 from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers, 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. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor'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 Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES 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. 10. INSURANCE. The Vendor 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 Vendor, its agents, representatives, employees or subcontractors. Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing: A Automobile Liability insurance with limits no less than 500,000 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 form property damage; and employer's 4 Rev. 02-16 liability. C Workers Compensation insurance if statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability 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 Vendor's insurance shall be primary 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 Vendor 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 also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 11. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Addenda, if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. 5 Rev. 02-16 C IC E. F G H I J Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal, and 4. Non -Collusion Affidavit. Use of Photographs and Images. Vendor shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Vendor or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Compliance with Laws. Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement. Work Performed at Vendor's Risk. Vendor 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 Vendor's own risk, and Vendor 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. 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. Attorney's Fees. 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 9 of this Agreement. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 in this Agreement. Notices to be sent to: VENDOR:A,Tf Attn: � O_L i/& 6 Notices to be sent to: CITY: Attn: '�P(ac MOW, City of Bremerton 345 6h Street, Suite 600 Bremerton, WA 98337 Rev. 02-16 K. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. L. 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 Vendor. - M. 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. N. 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. VENDOR: By: (J Print Name: /'�+6ZL M Its: V (OAJ,J/ Date: -,e:;?./'- 1.7 R:\Legal\Legal\Contracts\FORMS\Goods and Services Agreement (2017).docx CITY: City of Bremerton By:I DL Print Name: 3eW 5L Wo Its: Tle"R— Date: IMbot;� APPROVED AS TO FORM: By: (Z";'-�� Breme o City Atto ey ATTEST: By: &) ity Clerk Rev. 02-16 Liberty Mutual® INSURANCE Named Insured Coverage Is Provided In: Ohio Security Insurance Company Commercial General. Liability Declarations Basis: Occurrence EARL VARNER DBA ATS BACKFLOW ASSEMBLY TESTING SUMMARY OF LIMITS AND CHARGES Agent Policy Number: BKS (18) 56 73 8184 Policy Period: From 03/04/2017 To 03/04/2018 1201 am Standard Time at Insured Mailing Location (425) 226-8221 HUMBLE & DAVENPORT INS BROKERS INC Commercial DESCRIPTION LIMIT General Each Occurrence Limit 1,000,000 Liability Damage To Premises Rented To You Limit (Any One Premises) 1,000,000 Limits of Insurance Medical Expense Limit (Any One Person) 15,000 Personal and Advertising Injury Limit 1,000,000 General Aggregate Limit (Other than Products - Completed Operations) 2,000,000 Products - Completed Operations Aggregate Limit 2,000,000 Explanation of DESCRIPTION Charges General Liability -Schedule Totals Policy Writing Minimum Premium Adjustment PREMIUM 329.0( 114.0( Certified Acts of Terrorism Coverage 2.0( Total Advance Charges: To report a claim, call your Agent or 1-890-362-0000 $445.00 Note: This is not a bil DS 70 22 0108 niHnii-7 F97QQiQn Dnimw(z 94r AICXFDDAIn IAI4.QiiRR1RnPY Mtlri3 PAGF 17 (1F Pn AJ's BACKFLOW TESTING 1511 Carr Blvd Bremerton WA 98312 (360) 265 0157 June 12, 2017 AJ's Backflow Assembly Testing proposes testing of (37) backflow assemblies for Bremerton Parks Department at the following (28) locations: 100 Washington 1017 Warren 1125 Vandalia 1199 Union 1310 Highland 1400 Park (2) 1401 Naval 1521 N Lafayette 17015t' 195 Pacific 800 Trenton 1978 Price 211 1st (3) 211 Pacific 2202 Anderson 2261 Homer Jones 227 Shore 251 1st 251 Lebo (4) 2745 Wheaton 2802 Birch 300 Park 421 Lebo 510 Sheldon 512 Sheldon 655 4th 680 Lebo (4) 737 Sylvan The price for each test will be $35.'l will submit test report to the water utility and Bremerton Parks Department. Repairs In the event a backflow assembly fails I will clean/repair and retest the assembly at no extra cost. Repairs on backflow assemblies that fail and need new parts will be negotiated. .o .- .Q Earl Varner AJ's Backflow Testing �® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 8/7/2017 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 NAME: Kathy Kane PHONE (425)226-8221 FpA/C No: (425)255-9342 HUMBLE & DAVENPORT INS BROKERS INC AIL ADDRESS,kathy.k@humbledavenport.com 3500 Maple Valley Hwy INSURERS AFFORDING COVERAGE NAIC # INSURERAOhio Security IRs C 24082 Renton WA 98058 INSURED INSURER B INSURER C: Earl Varner INSURERD: AJ's Backflow Assembly Testing INSURER E : 1511 Carr Blvd INSURER F: Bremerton WA 98312 COVERAGES CERTIFICATE NUMBER:GLAU 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 SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP- MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE OCC DAMAGE TO RENTED 1,000,000 E PREMISES a occurrence $ MED EXP (Any one person) $ 15,000 BKS56738184 3/4/2017 3/4/2018 PERSONAL& ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO - LOC PRODUCTS - COMP/OP AGG $ 2,000,000 LEXE $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 500,000 BODILY INJURY (Per person) $ A X ANY AUTO ALL OSCHEDULED AUUTOSS AUTOS BAS56738184 3/4/2017 3/4/2018 BODILY INJURY Per accident $ ( ) HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident PIP -Basic $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITYYIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The certificate holder is named as additional insured with respects to the operations of the named insured per CG8810. Coverage is primary and non-contributory. Waiver of subrogation applies. L.cm I Irit A i r MULUrK • UAN(a LLAT IUN thelma.swem@ci.bremerton.w City of Bremerton 345 6th St, Ste 600 Bremerton, VIA 98337 ACORD 25 (2014/01) INS025 r9014(H1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Kathy Kane/KATHYK U 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL .GENERAL LIABILITY CG 88`10 04.13 THIS ENDORSEMENT CHANGES NGES THE POLICY. PLEASE READ. IT `CAREFULLY. 'CQMMERCIAL GENERAL LIABILITY EXTENSION y This 6hdorsdrh6nt 610difibS insurance prqvided under the, foltowing:: COMMERCIAL o6ENERALLMILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT NON.OWNED WATERCRAFT 2 PROPERTY.DAMAGE LIABILITY' -ELEVATORS ORS �..EXTENDED. DAMAGE TO. PROPERTY RENTED TO YOU {Tenant's Property 9 ba�na e) 2 MEDICAL PAYMENTS EXTENSION 3 .EXTENSION. OF.SUPPLEMENTARY PAYMENTS COVERAGES B ADDITIONAL INSUREDS - By CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND '.NON-!CO'NTRIB' UTO.,.RY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS; —EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE- 6 WHO IS AN INSURED -:INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED r FELLOWEMPLOYEE. EXTENSION -,MANAGEMENT EMPLOYEES .6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES: 7 FAILURETOAAPL SE 0' HAZA RD :AND PRIOR ,OCCURRENCES . .7 KNOWLEDGE OF OCCURRENCE,;OFFENSE, , CLAIM, OR SUIT LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS T . .... ­ .. I " .. :. '. O.US 8 WHEN REQUIRED IN A.CONTRACT OR AGREEMENT WITH YOU Co. 48 t 0 . - .0 1 41 1 3 Includes . P 26131_iberl� Mutuql Insurance psurqqpe material bf Insur*ance,Servlc65 office; Inc;; With its:06rr-his sion, Pap I. of 8 With respect to coverage afford6d by this endorsement, the,'provisions e c _,1 of the �-, policy apply unless.I modified by the.endorsernerit., A. WON -OWNED AIRCRAFT Under Paragraph -i-.Exclusions of tection I v;Covqrage AT Bodily Injury Arid Property Danna' b . . . -1.11 . 1, .; ­­ . I , .. t P I exclusion g.�A!rqrAfti,- AuiG.Or Watercra Aces notapply to.an aircraft provided: 1. it is hot owned . 13h insured -.Y.9:,.y myre­ 2. Itis hired; cheirte*r6d & loaned With -a trained- paid crew;_ The pilot in command holds, a currently effective ;certificate, issued bylhe : -dul ,con tituied authority. of, y '. S t.,he:;..C.Jnited.,St6te8;f..of�Arh,6riba or',C aria dai. design a -ting heir . or fiirri a commercial brairline pilot; :and 41 It is .not tieing qsed tozarry persons or property Jdr:a charge. However, the.insbrarice afforded. by e pthis provision d :not apply if. there . is available to. the insured other: . does :not. c6flecti e insurance, whether primary, excess (olher I than insurance Written'td :apply 'specifically in excess of this -policy), 'contingent, or on.any ,other basis, that Would., also, y to appi the loss covered under th this. provision; B, NON -OWNED 'WATERCRAFT Under Paragraph Z.,Exclusions pf'Section I -'C6verajey -.A-BodlI Injury And 4 Pi6p Damage, Liability, 'Subparagraph (2)'. of exclusion 9..Aircra Aircraft. Auto Or , Watercraft ;Is replaced by the following: - x - , I .. , This excilusion does. not apply to, (9) A.Wat6tcrtift You danot own th6t'. is: (a): 'Less.1han :52 feet long; and b.Not b eing used to carry persons Or property for a charge. C. PROPERTY:q AGE LIABILITY -ELEVATORS 1. Uftder.Paragraph 1. Exclusions of Section I to Bodily Coverage A Bod y And Property Damage Liabil- ity, Subparagraphs (3)i (4)..'and; (6). of &x6imidh j' Darri9 C1 a 6 T Property , o not apply if, such "property M. 4arripp!..', results:: fro m Ah 6: use of el&V.atorsFor tfie:0brp6isb, of1his provision; rovision; eva iors do not include vehicle.04s. Vehicle lifts ate lifts.'or hoists used inAdforriobile: 'service . 6e 6 r repair. opetai.ions. ,2.. The following, is added; to:. Section IV ;..Commercial General Liability :Cdnditidfis; "CoridilJoh .4. Other ..Insurance .Paragraph L Excess Insuran e: ­ 1_1 b, . ... 9_ . 1-. 1. _11 I.. I . ­ I . �q - The. insurance afforded by t I higprovision of this i s endorsement is. excess over any -property insurance, whether primary, excess,: contingent or.o . n . any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED MYOU.(T.eriant's Property Damage) If..Damp.ge To Premises 136rited To'Y6u is not otherwise. 6.kcluded from this Coverage Part; I., Under Paragraph I.Exclusions ofSection 1- Coverage A r Bodily Injury and Property Damag e Liability: The e'..fourth ftom the last -paragraph of exclusion j. Damage . amage Tq.:Propertyr is replaced by folloW7� Paragra0hs (1), (3):46d.(4) 61'Allis :bkchislon% do riot . ..... apply pl,y to "property dpnage" (other than d.amag e by fire; liphthifibi exOloslon; smoke,, or leakage from an. automatic 'fire protection system) ,to -,- (i) Premises rented I to you for a period of 7 or fewer consecutive days; or Contents Ghat you rent or . lease,.as part pf.a:pTemises rental or lease: agreement for a period of more than 7 days. Paragraphs (1),. (3) and (4) of this.e'xcluslon. do not apply to "p(operty darriage": to contents of premises, rentedto you fora period of 7 or feW6r consecutive days.. A-separato limit of insuranceapplies to, this id&6rage: as.described in Section Ill - Limits. of Insurance. 2.01.3'Liberty Mutual lqsuranqe! CG q 10. 0413 In.dI1ud­es;popyrigh.tq,d material of Ifturance S6rvic6s:01fice, Inc:; With Mpermission, Page 2 of 8 b. The Joist Paragraph :0'subsection 2. Exclusion's r is * replaced by.th6 following- , ace Exclusions' c. through d., do not :apply to'damage by fird, lightning, ekp16sion, smoke or leakage from auto protection temporarily .,.mpti..c fire rot, ction systems tov.lpterriises white rented 10 yqu,�or emporan y occupied by you with, permission 01he owner. Ks6parate 'limit 6f.i6sura'n­ applies. to. Damage To Premises. Rented To You asAescribed: in Sectlori: III - Linifts of lln!§Uran6e: 21: under:Se.ciiqn '111 - U mit.. Of I , nsurance is replaced by the.following.- 6. Subject to Pardgtaoh 5. labove, the. b6mage, To Premises Rented To You Limit `is,the most we will 6rdJe Afor darnages* . nau'se' p . ay, under . .Covri b of'properly damage, to: a. Anyone premise: (I Y.- While rented :to you; or (2). While rented. to you. or t9mpprprily occupied by y with h permission of the. owner -for am.Age by fire, lightning, explosion, smoke or leak age from automatic protection. sys. b. Contents that .y6u rent or lease -as part. of a.laeerhise§: rental or lease aareement.. .3. As :.regards coverage 'provided by this provision D. EXTENDED DAMAGE TO:tPROPtRTY RENTED To YOU (Tenant's` Property; Dainag4- Paragraph 9*6."of-1)6fihitions is replaced eplated with the following: .9.a..:Acontract Jor. a1ease,of. premises. However,, that: portion of the contract fora lease :of premises that indemnifies, any :person or organization for :'damage by, fire lightning explosion; smoke,. or leakage from. automatic fire protection systems to.oremises While rented. to you or temporarily Occupied, by you with..the permission Of the owner, or 4or:damage to contents of .such premises ..that are1ndluded, in.:yourf:premises: rental , r..lea e:,agnpement,, is. nonan "insured 'contract". 'E. MEDICAL. PAYMENTS: .EXTENSION If Coverage CWbdidal Payments is not 6thbrWise excluded. the Medical Payments provided by. this :policy. J are amended 68 follows. Uhder ,. , Paragraph I..Insurinq Aqreern6nt-:df Section I Coverade.'C.- Medical Payments VSub aragraph (b).:pf..Parafgraph a.1s-.1replac I d by the following: (13 The: e. expenses :are. incurred and reported within three years: of the.date of the accident; and .F. EXTENSION :OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND 8 1 Under :Supplementary Payments - Coverages A4nd B, Pa*ragraph I.b. is replaced aciad by the following: b. Upto $3,000 :for cost.. of: ball bonds required: ' i �be.cauPe of accidents. or traffic law violations arising out of the.use`of:,any' vehicle to which the Bodily Injury Liability, Cdverage We do.not h,av . e � to furnish the;se,`bonds, 2F.: Paragraph A."Sle aced b the: following: 1 -y wing: A. All reasbnableexpenses incurred by the insured bt�.our reClOdst to assists in the i . 0 u i , nvestigati n or defians&'OUthe claim or "suit", including actual loss of earnings' up to $500..a day bqcause of time �off 'from ,work. G. ADDITIPINIAL INSUREQS..= BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section 11 -Who, Is, n' . 4 . underI . Who1. 4 Iirisurei;ll is;amerided t:(.j as an insured any person or .organization. whom you have agreed. :to.add as an. additional d . itional iinsure d in a written contract, written agreement or permit. Suchpprsonor organization is an additional insured red but only with respect to liability for "bodily injury" "property Aamage" :Or. "personal and advertising injury" caused in wh616 or in part by, a.% Your: acts be omissions; or the acts, or pfthose :acting on your behalf., in the .performance qf.your ,oh gbing oo6jatiofis for the additional * : insured that are the subject of the written contract o r written agreementprow e that the bodily injury" or !properly: damage crurs,, or the ':per conal andadvertising injuy is zornmitte subsequent cl. y,qequent to.the; signing of such written contract or 'Written agredmpn; or 2013 Liberty Mutual Insurance. CG 88 10 04 13 Includes copyrighted material of lhsurance Services Office; Inc., with its permission. Page 3 of 8 b. Premises: or facilitiesrented by you or used by you; or c. The,maintenance, operation or use by you .of- equipment rented or leased to yqu' -by such person: or. organization; !or d. Operations performed by you or .on your .behalf for :which the state. or political subdivision: has issued.: a permit: subject. to the following additiona{. p[ovis.ions:: (.1) This insurance. does .not apply to "bodily injury", "property :damage"; or "personal and ad- vertising injury" arisingout of the operatlons.:performed for the;state.or. political .subdivision;. (2) This insurarid& does not apply, to °bodily 'injury" ;or "property damage" included within the "completed operations ' haiard". (3) lnsurartce. ;applies ,to 'premises you own, :rent;- or control but only with respect to, the following hazards: (a) The: existence, maintenance, repair; construction, erection, or removal of advertising, signs; awnings, canopies cellar entrances; coal holes; ;driveways; manholes; marquees, hoist. away, :openings, sidewalk vaults; street ,banners, or de corations. and sirnilar expo- sures:or (b) The construction, erection; or removaf of elevators; . c) The .ownership, mainteriance; or use of any elevators covered. by this. insurance. However: i. The insurance afforded io such additional insured only applies to fhe:eztent permitted. by law; and 2.. If coverage, provided ao ahe.. additional insured is, required. by a contract or agreement, the insur-. ance afforded to such additional insured will not:.ba-broader than that -which :you:are:required by. the;co`nfract or;agreement to, provide for such additional insured. With' respect to .Paragraph 1.a. above,, a person's or organization's status as an, additional insured under this endorsement_ ends When: :All work, includin (1) g materials, parts. or :equipment furnished, in connection with such work, on the project (other, than. service; Maintenance! :or repairs) to be perforated by or on behalf of the additional insureds) at`th.e location of'the covered operations, has been completed; or (2) That portion of ".your work" out of which. the injury or damage:.arises has been put to its intended use by any person or organization other than another contractor .or subcontractor engaged in performing operations for a,principal as.a partof,the.,same.: project. With respect to :Paragraph 1.b. above, a person's or organization's status .as an additional insured. .under this: endorsemenf_ ends when their written contract or written agreement with .you for such premises: or facilities :ends.. With respects to Paragraph 1.c. 'above; this insurance: does'not apply to any"occurrence'' which takes place; after -.the equipment; rental o'r lease agreement has. expired or'you have returned such equipment to ;the lessor: The."Insurance provided :by, this, endorsement applies .only if the written contract or written agreement is signed -.,prior to the bodily injury" or "property. .damage".. We 'have no duty 'tot defend an additional insured under this. endorsement, unfit we receive written notice W. a'"suit kiy the :additional insured as. quired in ;Paragraph b. of. Condition 2. Dutiest In the Event Of Accurrence,: Offense, Claim Or.Suit under Section. IV - Gommerciat. General Liability Condi- .tions.. . O 2013 Liberty. Mutual Insurance-. GG 88 16 04.13 Includes.copyrighfed material of Insurance Services Office, Inc., with its permission.. Page 4 of 8 .2. With edOdct:.Jb the: insurance provided by this, eindprsemebt,. the following are added to Paragraph 2. Exclusi6hs, under -Section .1 -CoVeeage A 136dilk. Injury And 'y ropprty Parnagia Liability: This. insurance does not. apply to: a. 118odily. injury" orl"pr9pprly ;damage" arising 'from: the sole::negligerice of the additional insured. b. "Bodily: injury" or "prbperly dai . mage!' that occurs prior to you commencing operations at the location where' such "bodily injury or 'pT9pqy damage" occurs. c. "Bodily: injury!'I "property 'damage" or "personal and advertising injury: arising out of the render- ing 61, 'Or. the:;failure 1. to render; ziriy*a;professi n 8. . ect , ur , a . 1, engineering gineering o r surveying. ervices, in. cludingt (1) The.preparing, approving, or1ailing 46 prepare or approve; mao§,, shop drawings; i opinions, reports surveys, held :orde'rs,':0b�h'gd d ca e:or ers- or rawings an specifications; or' (2) SupbrVisory,, inspection, . ardhilecturb) of 669ineerihg :activities. This exclusion applies even if the claims against' any insured allege negliigence n Aor other wro ddo ngn the :supervision, hiring, :employment, training or monitoring oVothers by that insured 'iiihe "occur- rence" which caused the "bodily injury" <or "property damage.', or the offense 'which caused. the personal and advertising ihjuiry"i involved the rendering of, or theJailurel to rende any proressional :.6rc.ifectural, engineering. orsury I eying •services; fL "Bodily- injury" oe "property damage"' occurring after: (I) All work,. including materials, parts ,. or equipment 'fimished. In connection with such work, on the project (other than service;maintenance or repairs) to be.piarformed by or on behalf of the.. -'additionial insured(s) at the location of tfie covered:..operations has_b een completed; or .(2) That. portion: of "your work" out of which, the injury 'or damage arises has been out to: its intended use by any person or organization other than another contractor or subcontractor engaged in. performing operations, for a:.princi . pal as�a part, of' the'.same projecit. �q. Any person or o�gani2tatipn specifically desigriated as. additional I .- ... ... ;--1 . - - insured forongoing operations by -4 separate A TI S -OW PD11 ONAL INSURED NERS,: LESSEES OR CONTRACTORS endorsement is- sued.: by us. nd made a0e a, part oflhis, policy. 3.. With respect to the insurance afforded to these. add itional insureds, -the following is added to Section III Limits Insuranc -, . .. , R . . P: If coverage provided to the additional insured is required b 11 �a contract or . ... 1. . Y,. agreement, lire we will pay.on behalf. Of the additional insured is:the arno'uht of insurance: I I . .. I I .. . urance: a., , Required by' the. contract, or,agrement; or bl.. Available. under the applicable Limits of Insurance s hown in the Declarations; whichever is less. This endbrsement "shall not increase .the applicable Limits of Insurance shown in :the Declarations: . H. PRIMARY AND NON=CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person' or organization who qualifies s as an..additional insured under any form, .or end6rserrient under this policy: Condition.4. Other. Insurance of SECTION IV - d0M.MEkCIAL:,GENERAL L . lA13lL I I I TY .CON . DITIONS is amend- ed, as follows: a. The following is added. I t I o: Paragraph a: Primary Insurance: If ari'additional insured's policy has>an Other Insurance, provision making_ its policy excess,and. you have, agreed in a written contract..;or written agreement. to provide the addition'al insured coverage a . . 9 . on . -primary 'and noncontri.butory basis, this policy :shall bb:*primary and we*will not seek contribution from the..adldit16nal insured's s :.,:,policy for damage we:,cover. '0, 2013 Liberty Mutual Insbrah6e CG'88 10 04 13 Includes copyrighted material of Insurance -Services. Office ,incI., with its permission.. Page.5 of 8 b. The following , is added to Paragraph .b. Excess lnsilranc6: M6m_ a writteri contract: or Written Agreernent, other than .9 premises lease; facilities, rental contract or agreement;an equipment rental 'or lease contract agreement; or permit issued by a state or political subdivision betweend you an an.add_itlonal insured. does. not. require this Insurance to beprlmary :or primary 'andnonmmcont&utory, this insurance is:,excess over any &, other insurance for .which the ad tional: insured is designated ;6s a Named Insured. Regardless of the Written. agebement between you and. an additional, i nsureO, this insurance is excess overany 'other'insurance whether primar excess,,.s, contingent or on any .other basis for Which the: additional insured has been -addbdasana,dlditional insured, on other polipies. 1. ADDITIONALINSURERS -EXTENDED PROTECTION OF YOUR ­ "LIMITS OF INSURANCE" This provisipn applies #o ;any person or organizationwho qualifies asan additional insured under. any for m or endorsement under :this, policy. .11. rhe f6up ing ]s added to Condition 2: Duties In Th6:EVinit Of Occurrence,bffense, Claim or Suit*. Ari:addliti6nal insured unIde.rI this endorsement W.ill. as soonas.-practicable; a GiVd Written notice of an "occurrence" :or a. offense that may result in a claim or "suit under 1his insurance 16 Us; b.: Tender thedefense and- indemnity 6U:ah claim or ,suit'' t u y o a 11 insurers whom also have insurance available, to the, additional insured; and a., Agree to,; make available any other insurance w ... ..... hich: the,. additional insured has for a losb We :cbver. under this Coverage Part., 'd. We :hav'e nd.duty- to defebd or inderrinify* an additional insured under this endorsement until we�:receive 4ritten notice -of .. a ., 'suit' y b . the additional" insured. 2. he: limits, of insurance; api5lidable to: the additional insured' are those specified in a e w itt n contract :or written -agreement or the limits of insurance 46.stat6d in the: Declarations pc arptloP of this policy and defined in Section III Limits of Insdran6d. of this policy, whicheVet are less These limits are inclusive. of and not 1n. addi tion to the limits of insurance available under this p6fidy. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO !S:ANINSURED -FELLOW EMPLOYEE I .. . EXTENSION.. . . MANAGEMENT , I EMPLOYEES .Paragraph 2.a.(1). of Seidtion 11- Who Is An Insured is replaced with the following: 'Bodily irliury" or "Personal and advertising, injury" (a) To you, - to. your partners or ,members; (if you are al Ozianershi or joint venture}; :to your members. (if you :are .ajimited liability company), to 6 cor"employe'e" while in the course of his or her employ- ment or performing duties related to the conduct: of your business, or to your' other '"volurite'er workers" while,, pqrforming duties ;related to the, conduct of .your' business; (b) To the spouse, child, parent, :brother or sister of that co2emplo yee" be "Volunteer worker" as a consequence of Paragraph (1). (a) above;. (4d) For which there is any obligation to.: share damages with or repaysomeone else who must pay _ d6mag66 be666te of the injury "described in Paragra h p_s (1) (a) or (b):abover or (d) Arising :out of his or her providing or failing t . P provide professional . health care. services. However, if you are not, in the business of;.proV!ding professional . health pare services or. providing profes §Jon.al health .care: personnel to .others or if coverage for providing profes sional. health care ser -m vices is not otherwise excluded by separate - endorsement, . this provision (Paragraph (d)) does not apply, Paragraphs (a) and (b) above: do hot. apply to "bodily injury" or "personal ersonal and adver tising injury" caused by an "employee" 'who ls.oabting in 6!su.P6Ni§ory capacity_ for you.Supervisor' , pervisory qapaci y. as used herein means the !Iemploy , e els" job. re5pohsibiliti6§ assigned , y you?, includes. the direct supervision of other "employ- ees" of yours. However, : hbnb of these "employees" are insureds. for "bodily injury" or "Personal and 2013 Liberty Mutual Ipsurance 9 04 13. Indudes copyrighted rnatedal Wjnsur�n6e services Offce*, Inc;; s. permission, with its. P.age 6 of 8 g injury" arising out of their. willful conduct. ' KW..ith is defined 'as the purposeful or willful intent to caqse`�'bbdily injury" or "personal andadVerlising injury.7, 'or caused in whole or in part by their int A - .on Py,liquor cir.cpntfolled, �,substances. The coverage provided .by provision J. is excess over,any: other validand collectable % insurance available to: your "erriployee". K. NEWLY FORMED.OR ADDITIONALLY ACQUIREDENTITIES Paragraph 3. bf:Sdctioh- 11 wWho. Is An Insured is replaced by the fo . 116Win6: .:.3. Any qrgahlzatlpn. you newly acquire or: orm and over :which you maintain ownership, or majority interest, will - qualify, as:a Named' Insured. if. 'therd-, is no:pothdt similar insurance:available vaila, e. to.. that ,organization. Ho''we'ver: A. Coverag.e under this :provision, ..Is -afforded.only until the expiration .of the.: polity period in which the e0ty. Wps,,acquired. orJormed by.,yQu;. b. 06ver096:! A doQs*. not apply to. "bodily injury``or "property damage" that occurred before you acquiredor formed the organization; " anizaUon, a d. % 2. c. Coverage: B. does. not topersona and: advertising injury arising out of: an offense committed before :you acquired or formed the`orgahi26tiom,,. ,4_ Ropordsi and., descriptions of operations must*be maintained ..hylthe first Named. Insured. No person or organization is:aninsured with 'respect -to""the conduct of' 'any current or past. partnership, * I joint venture :or Iimited liability company `that is not as�a N6 dd Insured in1heDeclaraUpns or qualifies. as an.lnsuted under this -provision. :FAILURE TO DISCLOSE HAZARDS AND PRIOR ;OCCURRENCES .Under Sddtioh IV.- Commercial General Liability Ponditio6s, the following is added to. Condition ondito 6.,Rppire. Your failur6. to disclose .all hazards. azqr s. or prior "occurrences" existing h isti. g �avof I e inception date of the policy shall not :prejudice tlib;-6oveidge: afforded by ihis� policy provided such failure toAisclose all hazards prior ridir "occurrences" is n*6 intentional . . . or M. KNOWLEDGE OF OCCURRENCE, O.FFENSE,.CLAIM.qR SUIT Under -S6ction IV w Commercial General Liabllity Conditions, thefoil owi. ng is added' to Condition 1 D tie's In The. Event of:Occurrence. j, Offense- Claim Or Suit: Knowledge:: of an "occurrence",: offense claim or "suiV. by an agent servant: or I.empto yee of any .insured- shall not.in: itself: constitute. knowledge of, the insured unless, an -insured listed undef . P aragraph J.,of'Section. ll.wWho IsAn 1podred or e! person who: has .been designated by them' to receive reports . of floccurrences"..,ns h fie gs, claims,: or ''suits shall have received such notice from -the addrit servant, or emplpye6..., N. LIBERALIZATION CLAUSE If we revise this Cdmnn6rcia'I General. Liability Extension. Endorsement to provide more coverage -without additional premium. chaTgp, yqq-T, pout Will automatically :provide, the. coverage as of the. da the revision 1 . s effective: in your e, O. 91ODiLy INJURY REDEFINED Under .Section V- Ddfnrihions, befinition 3. is repiaced by ..the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained .y b . a person. 'This includes mental, 'anguish, mental ,injury, shock, fright .or death that results from 'such physical.injury; sic ness or:disease. 0,13 Liberty Mutual Insurance 00.86 1004 13. Inc.ludes:.copyrightcd material. of Insurance Services, Office lnc:, with its'permi ssion. Page 7 of 8 K EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A.-: Bobty INJURY AND. PROPERTY DAMAGE LIABILITY it replaced by the: -4. r=.xPeqtJed,Or Intended Injury Bodily injury" or. "property damage, expected prin tended from standpoint. of the insured; This exdlusioh does not apply to 11bo0i ly injurypr,"property damage" resulting from the use of rezisqh0e. krd.E.? to protect persons :or propq4y. �Q. WAIVER. OF TRANSFER 017:.RIGHTS OF RECOVERY. AGAINST OTHt.kS TO: U$ - WHEN REQUIRED UIRED IN A CONTRACT OR. -AG REEMENT WITH: YOU ... Under --Section IV -.Commercial ciail G.e.n.eral Liability mConditi6hsj the; following is ad d6dh n to Co ditio B..Trans- fer of Rights Of Rdcover.y A ainst:'Othbrs To Us:' . We waive. any -right of recovery We may 1p: ... , , . have against aper§on &. .6tgari ii8fionbe, c aus pof payments w.e nake�for-iqjyy, or arising g .out ongoing your don under a contract; with:. that pbrsonor ganzaiand..incI dnth �"'products-comp1eted operations hazard"' provided: 11.4 You and that, person., ;or organization have_ 1 agreed, in writing in 8 -contract or agreement that you waive such ''rights against that person .,.or oTganization; and 2. Theinjury, be darfiage occurs subsequent to the execufion, of the; written t.'contract. or written agree-, meet. P .2dbilbedy Muigni Insurance CIO 88:90 0- 413., Includes copyfighh4s: ateriai 6f Ihsuranc6 Seir vAmS Office, Ind.l.with i.ls.permission. Page: S of 8 �-� i L.P ACORhP CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) ACC 01/11/2018 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 certifica in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kathy Kane HUMBLE & DAVENPORT INS BROKERS INC PHONE NE Ext): (425)226-8221 FAX (AJCNo): (425)255-9342 3500 Maple Valley HwyADDRESS: JAN 1.6 2018 E-MAIL kathy.k@hulnbledavenport.com INSURER(S) AFFORDING COVERAGE NAIC # Renton 98058 INSURERA: Ohio Security Ins Co 24082 INSURED- �� Management INSURER B INSURER C : Earl Varner DBA AJ's Backfiow Assembly Testing 1511 Carr Blvd INSURER D : INSURER E : i Bremerton WA 98312 INSURER F COVERAGES CERTIFICATE NUMBER: GL1811119754 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 " AUUL INSD 5ULSK WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL&ADVINJURY $ 1,000,000 A BKS56738184 03/04/2018 03/04/2019 GEN'L AGGREGATE LIMIT APPLIES PER: X PRO POLICY F] JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS $ 2,000,000 OTHER: Experience Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO AX OWNED SCHEDULED AUTOS ONLY AUTOS BAS56738184 03/04/2018 03/04/2019 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident Underinsured motorist $ 500,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ .OFFICER/MEMBER EXCLUDED? NIA A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE-- POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) The certificate holder is named as additional insured with respects to the operations of the named insured per CG8810. Coverage is primary and non-contributory. Waiver of subrogation applies. CERTIFICATE HOLDER CANCFLLATION @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 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. 345 6th St, Ste 600 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY -ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B " ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission r PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page 1 of 8 i I With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property, Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a.trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the floss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY - ELEVATORS 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises ,rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, I smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance. applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: r= a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph. 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of 'the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 i i b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 1 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision„ hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injuryor "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person'' or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office:, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other• similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and $ c. Coverage B does not apply to "personal and advertising injury", arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an 'occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V -Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed 'operations hazard"' provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 S� I La ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) F01/11/2019 �� EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kathy Kane NAME: HUMBLE &DAVENPORT INS BROKERS INC (425) 226-8221 NC (425) 255-9342 AICNNo Ext): No): 3500 Maple Valley Hwy E-MAIL ADDRESS: kathy.k@humbledavenport.com INSURER(S) AFFORDING COVERAGE NAIC # PREMISES Ea occurrence $ 1,000,000 Renton WA 98058 INSURER A : Ohio Security Ins Co 24082 INSURED INSURER B : Earl Varner DBA AS's Backflow Assembly Testing INSURER C : 1511 Carr Blvd INSURER D : INSURER E : &ADV INJURY $ 1,000,000 Bremerton WA 98312 INSURER F: COVERAGES CERTIFICATE NUMBER: CL1911122983 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 AUUL INSD bUtSK WVD POLICY NUMBER i POLICY EFF (MM/DD POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_x] OCCUR EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 15,000 &ADV INJURY $ 1,000,000 A Y BKS56738184 03/04/2019 03/04/2020 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY JEo F—] LOC2,000,000 -PERSONAL GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ OTHER: Experience Mod Factor 1 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 500,000 Ea accident BODILY INJURY (Per person) $ ANY AUTO AX OWNED SCHEDULED AUTOS ONLY AUTOS BAS56738184 03/04/2019 03/04/2020 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE $ Per accident Underinsured motorist $ 500,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY y / N STATUTE ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? NIA E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is named as additional insured with respects to the operations of the named insured per CG8810. Coverage is primary and non-contributory. Waiver of subrogation applies. City of Bremerton 345 6th St, Ste 100 Bremerton WA 98337-1891 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE N NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 " ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" g WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES g NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance. Services Office, Inc.. with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided 1. If is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to. carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph '2. Exclusions of Section 1 - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance to. to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. 2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Anyone premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION n If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section 1 - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds_ required 'because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds, 2. Paragraph 1.d. is replaced by the following: d. All reasonableexpenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole' or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs,, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilitiesrented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject. to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of 'elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.1b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV -Commercial General Liability Condi- tions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the solenegligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, mv reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured, 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations or this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/ MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11 -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injuryor "property damage" that occurred before you acquired or formed the organization; and. c. Coverage. B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section 1V - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11 - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". a N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V - Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013 Liberty Mutual Insurance . CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 3 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing Ioperations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a_contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013Libeny Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8