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HomeMy WebLinkAbout5728PROFESSIONAL SERVICES AGREEMENT Crownhill Elementary Safe Routes to School Project Project No. 42112 The City of Bremerton ("City') and Construction Testing Laboratories, Inc. ("Consultant"}, referred to collectively as the "Parties," enter into the following Agreement for professional services: 1. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 26, 2017, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. I1. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $6,043.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-16 Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant 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 except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, .Entineers- and Any_ Other Professional Listed .In and Performing e A5,es Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to 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 Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANTS WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Bremerton/Construction'festing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-15 Page 2 of 7 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Qertificate''of Insurance.evidencing. 1. Automobiles insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Qommercial..Genersl Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general 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; explosion, collapse and underground (XCU) if applicable; and 3. .Excess. Liakft insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional LiabilhN, .. insurance with limits no less than $1,000,000 limit per occurrence/claim. 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may 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 Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an 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 and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant'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 Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-16 Page 3 of 7 operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 61' 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. VII. General Conditions: A. Reports .and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and force requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement.may be stored at Consultant's office in Puyallup, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photouraphs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02.16 Page 4 of 7 D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant 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. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Puyallup, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are, no other agreements, written or oral, that have not been set forth in the text of this Agreement: G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification:. This Agreement may only be modified by written instrument signed by both Parties. 1. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or I st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City of Bremerton Construction Testing Laboratories, Inc. 345 6h Street Suite 600 400 Valley Avenue NE Suite 102 Bremerton, WA 98337 Puyallup, WA 98372 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict perfomlance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-16 Page 5 of 7 M. Choice of Law-and Venue.. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 0. Asstnent: Any assignment of this agreement by the Contractor without the written consent of the City shall be void_ VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not continence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusabie_Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is property excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights is Ugon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-16 Page 6 of 7 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without Iiability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal ftmding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another fine, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY" OF BREMERTON CONSULTANT BY: V✓�� By: y its; v✓' ✓s� its:_ r��, t' nate• �' Date: Approved as to form Attest: CL --- <1 Bremertonty ttome City Clerk R:lLzpi Lcpl%ContractsiFORMSTmfessionai Services Agreement Foam (2016).doe Bremerton/Construction Testing Laboratories, Inc. Crownhill Elementary Safe Routes to School Project Rev 02-16 Page 7 of 7 CROWNHILL ELEMENTARY SAFE ROUTES TO SCHOOL CTL is to provide inspection and testing of concrete, HMA, and soils. The services are to be performed in accordance with WSDOT/FHWA standards and procedures. Field inspection and testing requires 24 hour notice. The majority of laboratory testing will be completed within 48 hours of obtaining samples. Client: City of Bremerton Project: Crownhill Elementary Safe Routes to School EXHIBIT A 4M Vatley Avenue NE 102 Construction PuyalluRWA198372 Testing Laboratories, Inc. fax u3:;;"232 WwWaAvo com CROWNHILL ELEMENTARY SAFE ROUTES TO SCHOOL CTL is to provide inspection and testing of concrete, HMA, and soils. The services are to be performed in accordance with WSDOT/FHWA standards and procedures. Field inspection and testing requires 24 hour notice. The majority of laboratory testing will be completed within 48 hours of obtaining samples. Client: City of Bremerton Project: Crownhill Elementary Safe Routes to School EXHIBIT A CROWNHILL ELEMENTARY SAFE ROUTES TO SCHOOL SCHEDULE Our schedule is based on the general contractor's and the subcontractors schedules. We have no control over the schedule. Field inspection and testing requires 24 hour notice. The majority of laboratory testing will be completed within 48 hours of obtaining samples. Client: City of Bremerton Project: Crownhill Elementary Safe Routes to School EXHIBIT B 4W Valley Avenue NE Construction Suite 102 Puyallup, WA 48372 Testing Laboratories, Inc. �253-77�23z www.ctlwu.com CROWNHILL ELEMENTARY SAFE ROUTES TO SCHOOL SCHEDULE Our schedule is based on the general contractor's and the subcontractors schedules. We have no control over the schedule. Field inspection and testing requires 24 hour notice. The majority of laboratory testing will be completed within 48 hours of obtaining samples. Client: City of Bremerton Project: Crownhill Elementary Safe Routes to School EXHIBIT B Q Construction Construction 400 Valley Avenue NE Suite 102 1' LOW Testing Laboratories Inc. Puyallup, WA 98371 253-393-97n Maximum Density TOptimum Moisture-Denefty Curve (Proctor) ! fax 253.770-9232 Sieve Analysis _= www.CtAva.com CROWNHILL ELEMENTARY SAFE ROUTES TO SCHOOL Estimate of Project Costs Type of Inspection & Testing ��-Approidmate 0 Price per Estimated Cost I of hoursftests , test , CONCRETE Concrete Technician ! 24 $ 56.0-0-7 S__,____1,3,44.00 Concrete Test Cyfinders _ l 20 6 23.00 $ 460.00 Trip Charge $ 20.00 $ 160.00 ESTIMATED CONCRETE COST $ 1,064.00 _ _ HMA Asphalt Technician 18$ I _ 58.00 $ 1,044.00 Trip Charge 3 "— I S 20.00 I $ 60.00 ESTIMATED HMA COST $ 1,104.00 Laboratory testing costs included In HISP Phase 2/Puget Sound Navel Safety estimated cost r _ SOILS/BASES - Y Soils Technician 30 $ 58.00 $ Maximum Density TOptimum Moisture-Denefty Curve (Proctor) ! 3 ' g 980,00 $ Sieve Analysis _= 2 Y -� ~ $ 160.00 $ Sand Equivalent - ` 2 f $ 110.00 1 Fracture Face Count75.00 ` $ Trip Charge _ $ $ 20.00 ' $ ESa _—._ TIMATED SOILS COST 1 $ Estimated Totai Cost $ 1, T40.00 540.00 320.00 �. 180.00 75.00 120.00 2,975.00 8,043.00 Our estimated total cost to provide our Inspection and testing services for Crow nhill Elementary Sete Routes to School is SB.t}49,00.Our estimated cost does not include overtime. All parties are aware we are T&M, so you control the actual budget The actual cost WIR very, as our costs are directly dependent upon the contractor and the sub -contractor's schedule. CTL performs our services only at the request of the City of Bremerton. Client: City of Bremerton Project: HSIP Phase 2/Puget Sound Navel Safety EXHIBIT C 7/26/17 Client#: 133353 CONSTEST ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 8/22/2017 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(les) 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT NAME: Sharnel Di Vona PHONE 253.310.4047 FAX No ; 866.577.1326 AIC No Ext E-MAIL ss: Sharnel.Divona@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Landmark American Insurance Co. 33138 INSURED Construction Testing Laboratories Inc 400 Valley Avenue NE, Suite 102 Puyallup, WA 98372 INSURER B: INSURERC: INSURER D: INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PRO JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATIONWC STATU- OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A RY IT E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below A ProfI Liability LHR828944 4/01/2017 04/0 /2018 $1,000,000/claim $2,000,000/aggregate $10,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) RE: #42112 / Crownhill Elementary Safe Routes to School. IN City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 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 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2823758/M2644747 KTR00 Client#: 17793 MILFSAND ACORDTM CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY) 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, 8/22/2017 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: Sharnel Di Vona Propel Insurance PHONE 253.310.4047 FAX No,Ext): 866 577-1326 AIC, No Tacoma Commercial Insurance E-MAIL ADDRESS: Sharnel.Divona@propelinsurance.com 1201 Pacific Ave, Suite 1 OOO 04/01/2018 Tacoma, WA 98402 INSURER(S) AFFORDING COVERAGE NAIC # MED EXP (Any one person) $10,000 INSURER A: Continental Western Ins. Co. 10804 INSURED INSURER B: AXIS Surplus Insurance Company 26620 Construction Testing Laboratories, Inc. 400 Valley Ave NE INSURER C : PERSONAL & ADV INJURY $1,000,000 Puyallup, WA 98372 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: RFV&n111 Nl1MRFR- 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 INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X CPA2865825 04/01/2017 04/01/2018 EACH OCCURRENCE $1P000,000 PREMISES (E. occur ence $ 300OOO MED EXP (Any one person) $10,000 X PD Ded: $1,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- n POLICY X JECT -I LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY X X CPA2865825 4/01/2017 04/01/201 EOaBccl nlSINGLE LIMIT) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) P i ( ) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ Per accident X CA000110/13 $ A X UMBRELLA LIAB X OCCUR X X CPA2865825 4/01/2017 04101/2018 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE s5,000,000 DED I X RETENTION $0 $ A WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N /A WA STOP GAP ONLY 04/01/2017 04/01/2018 PER OH - TAT TE E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below B Contr Pollution X CP002314012017 4/01/2017 04/01/201 $1,000,000 ea claim incl. Mold $2,000,000 aggregate $25 000 ded. DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: #42112 / Crownhill Elementary Safe Routes to School. The City of Bremerton is additional insured per the attached endorsements. City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 ACORD 25 (2014/01) 1 Of 1 1lC7R74757/M7Rd4QQA 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 © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD This page has been left blank intentionally. COMMERCIAL AUTO CL CA 01 49 02 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. A. NEWLY ACQUIRED OR FORMED ORGANIZA- TIONS The following is added to Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company or any organization excluded either by this Coverage Part or by endorsement, and over which you maintain ownership or majority interest of more than 50 percent will qualify as a Named Insured. However: 1. This insurance does not apply to any newly ac- quired or formed organization that is an "in- sured" under any other automobile policy or would be an "insured". under such policy but for its termination or the exhaustion of its Limit of Insurance. 2. Coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy pe- riod, whichever is earlier. B. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT The following is added to Paragraph A.1., Who Is An Insured of Section II - Covered Autos Liability Coverage: When you have agreed in a written contract or agreement to include a person or organization as an additional "insured", such person or organiza- tion is included as an "insured" subject to the fol- lowing: 1. Such person or organization is an additional "insured" only to the extent such person or or - ganization is liable for "bodily injury" or "prop- erty damage": because of the conduct of an "insured" under Paragraphs a. or b. under Paragraph A.1. Who Is An Insured of Section II - Covered Autos Liability Coverage, caused by an "accident" and resulting from the owner- ship, maintenance or use of a covered "auto"; 2. The written contract or agreement described above must have been executed prior to the "accident" that caused the "bodily injury" or "property damage" and be in effect at the time of such "accident"; 3. The insurance afforded to any such additional "insured" does not apply to any "accident" be- yond the period of time required by the written contract or agreement described above; 4. The most we will pay on behalf of such addi- tional "insured(s)" is the lesser of: a. The Limits of Insurance specified in the written contract or agreement described above; or b. The Limits of Insurance shown in the Dec- larations. This provision shall not increase the Limit of Insurance shown in the Declarations in this policy or coverage part; and 5. The following changes are made to Paragraph 5. Other Insurance of B. General Conditions under Section IV - Business Auto Conditions: a. The following is added to Paragraph 5.a.: If required by the written contract or agreement described above, the insur- ance afforded to the additional insured un- der this provision will be primary to, and will not seek contribution from, the addi- tional insured's own insurance. b. Paragraph 5.c. is deleted in its entirety. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 1 of 5 Office. Inc.. with its nermissinn 6. Paragraph A.1.c. under Section II - Covered Autos Liability Coverage is deleted in its en- tirety. 7. The definition of "insu'red contract" under Sec- tion V - Definitions is amended to add the fol- lowing: An "insured contract does not include that part of any contract or agreement: That pertains to the ownership, maintenance or use of an "auto" and which indemnifies a person or organization' for other than the vicar- ious liability of such person or organization for "bodily injury" or "property damage" caused by your operation or use of a covered "auto". However, a person or organization is an addi- tional "insured" under this provision only to the extent such person or organization is not named as an "insured" by separate endorse- ment to this policy. C. EMPLOYEES AS INSUREDS The following is added to Paragraph A.1. Who Is An Insured Section II - Covered Autos Liability Coverage: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. INCREASED COVERAGE - BAIL BONDS The Supplementary Payments Coverage Exten- sion of Section II - Covered Autos Liability Cover- age is amended as follows: The Limit of Insurance in paragraph A.2.a.(2) is increased to $5,000. E. INCREASED COVERAGE - LOSS OF EARN- INGS The Supplementary Payments Coverage Exten- sion of Section II - Covered Autos Liability Cover- age is amended as follows: The Limit of Insurance in paragraph A.2.a.(4) is increased to $1,000. F. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion contained in Sec- tion II - Covered Autos Liability Coverage does not apply. This coverage is excess over any other col- lectable insurance. G. COVERAGE EXTENSION - TRANSPORTATION EXPENSES 2. We will also pay reasonable and necessary expenses to facilitate the return of the stolen "auto" to you. 3. It is agreed and understood and it is our stated intent that expenses incurred by you under the Transportation Expenses Coverage Exten- sion will not also be covered or paid under the Rental Reimbursement Coverage provided by this endorsement or any rental reimbursement coverage added by separate endorsement to this policy. H. EXTENDED COVERAGE - AIRBAGS The following is added to Exclusion B.3.a. of Sec- tion III - Physical Damage Coverage: However, this exclusion does not apply to the un- intended discharge of an airbag. This coverage is excess over any other collectible insurance or warranty providing such airbag cov- erage. I. AUTO LOAN/LEASE GAP COVERAGE The following is added to Section III - Physical Damage Coverage, Paragraph C. Limits of Insur- ance. 4. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. The amount under the Physical Damage Coverage section of the policy; and b. Any: (1) Overdue lease/loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (5) Carry-over balances from previous loans or leases. J. GLASS REPAIR - NO DEDUCTIBLE The following is added to Paragraph D. Deductible of Section III - Physical Damage Coverage: Paragraph A.4.a. Transportation Expenses of Any Comprehensive Coverage deductible shown Section III - Physical Damage Coverage is in the Declarations does not apply to "loss" to amended as follows: glass when you elect to patch or repair rather than replace the glass. 1. The Limits of Insurance are increased to $75 K. INCREASED COVERAGE - ELECTRONIC per day to a maximum of $2,500. EQUIPMENT Page 2 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 02 15 nffirP. Inr.._ with it. nnrmissinr , The $1,000 limit indicated in Paragraph C.1.b. un- der Section III - Physical Damage Coverage is in- creased to $2,500. L. EXTENDED COVERAGE: - PERSONAL PROP- ERTY The following is added to Paragraph A.4. Cover- age Extensions of Section III - Physical Damage Coverage: Physical Damage Coverage on a covered "auto" may be extended to "loss" to your personal prop- erty or, if you are an individual, the personal prop- erty of a family member, that is in the covered "auto" at the time of "loss and caused by an "ac- cident" and resulting from the ownership, mainte- nance or use of a covered "auto". The insurance provided by this coverage exten- sion is excess over any 'other collectible insur- ance. The most we will pay for any one "loss" un- der this coverage extension is $500. However, our payment for "loss" to personal property will only be for the account of the owner of the property. Under this provision, personal property does not include and we will not pay for "loss" of currency, coins, securities or contraband. No deductible applies to this coverage extension. M. TOWING Paragraph A.2. Towing of Section III - Physical Damage Coverage, is replaced by the following: If a private passenger type "auto" or light truck "auto" (0-10,000 Lbs. GVW) is provided both Com- prehensive and Collision Coverage, we will pay up to $150 for towing and labor costs incurred each time such "auto" is disabled. If a medium, heavy or extra -heavy truck or extra -heavy Truck -tractor "auto" (greater than 10,000 Lbs. GVW) is provided both Comprehensive and Collision Coverage, we will pay up to $250 for towing and labor costs in- curred each time such "auto" is disabled. How- ever, the labor must be performed at the place of disablement. N. FIRE EXTINGUISHER RECHARGE The following is added to Paragraph A.4. Cover- age Extensions of Section IV - Physical Damage Coverage: When fire extinguishers are kept in your covered "auto" and any are discharged in an attempt to ex- tinguish a fire, we will pay the lesser of the actual cost of recharging or replacing such fire extin- guisher(s). The following is added to Paragraph A.4. Cover- age Extensions of Section III - Physical Damage Coverage: If hired "autos" are covered "autos" for Covered Autos Liability Coverage and if Physical Damage Coverage is provided for any "auto" you own, then the Physical Damage coverages provided are ex- tended to "autos" you lease, rent, hire or borrow from someone other than your "employees", part- ners or members of their households subject to the following: 1. The most we will pay in any one "loss" is the lesser of: a. The actual cash value of the "auto"; b. The cost to repair or replace the "auto"; or C. $100,000. 2. Paragraph 1. above is subject to a deductible. The deductible shall be equal to the amount of the highest deductible shown for any owned "auto" of the same classification for that cov- erage. In the event there is no .owned "auto" of the same classification, the highest deduct- ible for any owned "auto" will apply for that coverage. No deductible will apply to 'loss" caused by fire or lightning. 3. Hired Auto Physical Damage Coverage is subject to the following: a. If symbol 8 is shown in the Covered Auto section of the Declarations page for any of the Physical Damage coverages, then the Hired Auto Physical Damage coverage described in this endorsement does not apply. b. Other than indicated in Paragraphs a. di- rectly above, coverage provided under this provision will be excess over any other collectible insurance or coverage. 4. In addition to the limit set forth in Paragraph 1. above we will pay up to $500 per day, to a maximum of $3,500 per "loss" for: a. Any costs or fees associated with the "loss" to a hired "auto"; and b. Loss of use of the hired "auto", provided it is the consequence of an "accident" for which you are legally liable, and as a re- sult of which a monetary loss is sustained by the leasing or rental concern. No deductible applies to this coverage However, Paragraph A.4.b. Loss of Use Ex- penses under Section III - Physical Damage Cov- 0. HIRED AUTO PHYSICAL DAMAGE COVER- erage of the Business Auto Coverage Form does AGE not apply. P. RENTAL REIMBURSEMENT COVERAGE CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 3 of 5 nffira Inn.. with itc narmiccinn We will pay for rental reimbursement expenses in- curred by you for the rental of an "auto" because of "loss" to a covered "auto". 1. Payment applies in addition to the otherwise applicable amount of each coverage you have on the covered "auto". 2. No deductible applies to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours af- ter the "loss" and ending, regardless of the ex- piration date of the policy, with the lesser of the following number of days: a. The number of days when the covered "auto" has been repaired or replaced, or b. 45 days. 4. Our payment is limited to the lesser of the fol- lowing amounts: a. Necessary and actual expenses incurred; or b. Not more than $75 for any one day; 5. We will pay up to an additional $300 for the reasonable and necessary expenses you in- cur to remove your materials and equipment from the covered "auto" and replace such ma- terials and equipment on the rental "auto". 6. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 7. If "loss" results from the total theft of a covered "auto" of the "private passenger type", we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension of the Business Auto Coverage Form or any endorsements thereto However, this provision does not apply to the extent that rental reimbursement is provided by separate endorsement to this policy. Q. DRIVE OTHER CAR COVERAGE 1. The following is added to Section II - Covered Autos Liability Coverage: a. Any "auto" you don't own, hire or borrow is a covered "auto",for Liability Coverage while being used by: (1) You, if you are designated in the Dec- larations as an individual; (2) Your partners or members, if you are designated in the Declarations as a partnership or joint venture; (3) Your members or managers, if you are designated in the Declarations as a limited liability company; (4) Your executive officers if you are desL ignated in the Declarations as an or- ganization other than an individual, partnership, joint venture or limited li- ability company; and (5) The spouse of any person named in Paragraphs 1.a.(1). through 1.a.(4) while a resident of the same house- hold; Except: (a) Any "auto" owned by that individ- ual or by any member of his or her household. (b) Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. Changes In Auto Medical Payments And Uninsured And Underinsured Motorists Coverages The following is added to Who Is An Insured: Any individual named in 1.a above and his or her "family members" are "insured" while "oc- cupying" or while a pedestrian when being struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". 3. Changes In Physical Damage Coverage Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in Q.1.a. above or his or her spouse while a resident of the same house -hold ex- cept: a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "au- tos". 4. The most we will pay for the total of all dam- ages under Covered Autos Liability Uninsured Motorists Coverage and Underinsured Motor- ists Coverage is the Limit Of Insurance shown in the Declarations as applicable to owned "autos". 5. Our obligation to pay for, repair, return or re- place damaged or stolen property under Phys- ical Damage Coverage, will be reduced by a deductible equal to the amount of the highest Page 4 of 5 Includes copyrighted material of Insurance Services CL CA 01 49 0215 r)ffira Inr with itc narmiccinn deductible shown for any owned private pas- senger type "auto" applicable to that cover- age. If there are no owned private passenger type "autos", the deductible shall be $250 for Comprehensive Coverage and $500 for Colli- sion Coverage. No deductible will apply to "loss" caused by fire or lightning. 6. Additional Definition As used in this DRIVE OTHER CAR Provi- sion: "Family member" means a person related to the individual named in 1.a. by blood, mar- riage or adoption who is a resident of the indi- vidual's household, including a ward or foster child. R. KNOWLEDGE OF AN ACCIDENT, CLAIM, SUIT OR LOSS The following is added to Paragraph A.2. of Sec- tion IV - Business Auto Conditions: Your obligation to provide prompt notice of an "ac- cident", claim, "suit" or "loss" is satisfied if you or a person designated by you to be responsible for insurance matters is notified of, or in any manner made aware of an "accident", claim, "suit" or "loss" and provides us such notice as soon as practica- ble S. WAIVER OF SUBROGATION BY CONTRACT OR AGREEMENT The following is added to Paragraph A.5 of Sec- tion IV - Business Auto Conditions: We waive any right of recovery we may have against a person or organization because of pay- ments we make for "bodily injury" or "property damage" when you and such person or organiza- tion have agreed in writing in a contract or agree- ment to waive such right of recovery, provided: 1. Such written contract or agreement was: a. Made prior to the "accident" or "loss" resulting in the covered "bodily injury" or "property damage"; and b. Was in effect at the time of the covered "bodily in- jury" or "property damage". 2. The covered "bodily injury" or "property damage" must arise out of the operations specified in such written contract or agreement. 3. At our request you must provide us with a copy of the aforementioned written contract or agreement. T. UNINTENTIONAL OMISSIONS The following is added Paragraph B.2. of Section IV - Business Auto Conditions: If you fail to disclose any hazards existing at the inception date of this policy, such failure will not prejudice the coverage provided to you. However, this provision does not affect our right to collect additional premium or exercise our right of cancel- lation or nonrenewal. U. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revi- sion is effective in your state. CL CA 01 49 02 15 Includes copyrighted material of Insurance Services Page 5 of 5 r)ffino Inn with ite nermiceinn This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CL CG 05 29 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLATINUM ENHANCEMENT COVERAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. The following coverage is added: ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS INCLUDING PRIMARY NON-CONTRIBUTORY 1. Section II - Who is An Insured is amended to include as an additional insured any person(s) or organization(s) for whom you are required by virtue of a written contract or agreement that such person(s) or organization(s) be added as an additional insured on your policy. 2. The insurance provided to the additional insured is limited as follows: a. Such person or, organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: (1) Acts or omissions of the Named Insured; or (2) The acts or omissions of those acting on behalf of the Named Insured; in the performance of the Named Insureds work for the additional insured(s) specified in the written contract provided the contract or agreement requires you to provide the additional insured such coverage and is: Currently .,in effect or becomes effective during the term of this policy; and ii. Was executed prior to the "bodily injury", "property damage" or "personal and advertising injury". b. If the written contract specifically requires you to provide additional insured coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01) or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph 2.a. above, the words caused in whole or in part by are replaced by the words arising out of. c. The insurance afforded to such additional insured only applies to the extent permitted by law; and d. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. e. This insurance ends at the earliest of the following times: (1) When any Named Insured(s) work called for in the written contract has been completed (2) When all of any Named Insured(s) work done at a job site has been completed if the written contract calls for work at more than one job site (3) When that part of any Named Insured(s) work done at a job site has been put to its intended use by any person or organization other than the Named Insured or those acting on the Named Insured(s) behalf. Work that may need service, maintenance, correction, repair or replacement, but is otherwise complete, will be treated as completed f. This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. g. For purposes of paragraph A. of this endorsement, the terms "you" and "your" refer to the Named Insured shown in the Declarations. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 1 of 3 Office, Inc., with its permission 3. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: a. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and (2) Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. b. Subject to Paragraph c. below, professional services include: (1) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2) Supervisory or inspection activities performed as part of any related architectural or engineering activities. c. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 4. Limits of Insurance With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: 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 Declarations. 5. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. B. The following coverage is added: CONTRACTUAL LIABILITY - RAILROADS 1. With respect to operations performed for a Railroad within 50 feet of railroad property, the definition of "insured contract' in Section V - Definitions is replaced by the following: 9. "Insured Contract' means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; If coverage provided to the additional insured f. That part of any other contract or is required by a contract or agreement, the agreement pertaining to your business most we will pay on behalf of the additional (including an indemnification of a insured is the amount of insurance: municipality in connection with work a. Required by the contract or agreement; or performed for a municipality) under Page 2 of 3 Includes copyrighted material of Insurance Services CL CG 05 29 09 16 Office, Inc., with its permission which you assume the tort liability of another party to pay for "bodily injury" or property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in Paragraph (1) above and supervisory, inspection, architectural or engineering activities. 2. Other Insurance For purposes of this endorsement, the following is added to the Section IV - Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance that is Railroad Protective Liability or similar coverage for "your work" performed for a Railroad. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the Railroad is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. C. The following coverage is added: NON -EMPLOYMENT DISCRIMINATION LIABILITY This coverage contains a DEFENSE WITHIN LIMIT provision: The limit of liability for "Non - employment discrimination" coverage available to pay settlements or judgments will be reduced, and may be exhausted, by defense expenses. The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS OF COMMERCIAL GENERAL LIABILITY COVERAGE FORM: "Non -employment discrimination" means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. "Non -employment discrimination" does not include violation of civil rights arising out of past, present or prospective employment. Any obligation to the insured to pay "non - employment discrimination" liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for "non - employment discrimination" is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplementary Payments - Coverage A and B do not apply to non -employment discrimination. D. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then this endorsement CL CG 05 29 paragraph D. Aggregate Limits Of Insurance does not apply. CL CG 05 29 09 16 Includes copyrighted material of Insurance Services Page 3 of 3 Office, Inc., with its permission This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY CL CG 20 71 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC STATUS, INCLUDING PRIMARY NONCONTRIBUTORY This endorsement modifies insurance provided under the following: 1vz COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured any person(s) or organization(s) when you are obligated by virtue of a written contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury" or "property damage" or "personal and advertising injury" caused, in whole or in part by: (1) Acts or omissions of the Named Insured; or (2) The acts or omissions of those acting on behalf of the Named Insured; and included in the "products -completed operations hazard" This insurance applies only when you are required to add the additional insured by virtue of a written contract or agreement, provided the contract or agreement is: 1. Currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to the "bodily injury" or "property damage" or "personal and advertising injury". However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and For purposes of this endorsement, throughout the policy, the terms "you" and "your" refer to the Named Insured shown in the Declarations. B. Exclusions With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury" and "property damage" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. b. If coverage provided to the additional insured 2. Subject to Paragraph 3. below, professional is required by a contract or agreement, the services include: insurance afforded to such additional insured will not be broader than that which you are a. Preparing, approving, or failing to prepare required by the contract or agreement to or approve, maps, shop drawings, provide for such additional insured. opinions, reports, surveys, field orders, change orders, or drawings and specifications; and CL CG 20 71 09 16 Includes copyrighted material of Insurance Services Page 1 of 2 b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. C. Limits of Insurance 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: 1. Required by the contract or agreement; or 2. 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 Declarations. D. Other Insurance For purposes of this endorsement, the following is added to the Section IV Commercial General Liability Conditions, 4. Other Insurance condition and supersedes any provision to the contrary: This insurance is excess of all other insurance available to an additional insured whether on a primary, excess, contingent or any other basis. But, if required by a written contract or written agreement to be primary and noncontributory, this insurance will be primary to and will not seek contribution from any insurance on which the additional insured is a Named Insured. No other coverage or limit in the policy applies to loss or damage insured by this coverage. Page 2 of 2 Includes copyrighted material of Insurance Services CL CG 20 71 09,16 (lino Inr . Afl' 40 norm iccinn COMMERCIAL GENERAL LIABILITY CL CG 04 92 09;16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ULTRA PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SUMMARY OF COVERAGE EXTENSIONS Provision Name Of Coverage Extension Included or Limit of Insurance A. Miscellaneous Additional Insureds Included B. Expected Or Intended Injury Or Damage Included C. Knowledge Of Occurrence Included D. Legal Liability — Damage To Premises Rented To You (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) $300,000 E. Medical Payments $10,000 F. Mobile Equipment Redefined Included G. Newly Formed Or Acquired Organization, Partnership Or Limited Liability Company And Extended Period Of Coverage Included H. Who Is An Insured — Amendment Included 1. Non -Owned Watercraft (Increased to maximum length of less than 51 feet Included J. SupplementaryPayments — Increased Limits 1. Bail Bonds 2. Loss Of Earnings $ 3,000 $ 1,000 K. Unintentional Omission Or Unintentional Error In Disclosure Included L. Waiver Of Transfer Of Rights Of Recovery Against Others Included M. Liberalization Clause Included N. Incidental Medical Malpractice Included i ne aoove is a summary only. riease consult the specitic provisions that tollow for complete information on the extensions provided. The provisions of the Commercial General Liability Coverage Part apply except as otherwise provided in this endorsement. This endorsement applies only if such Coverage Part is included in this policy. A. MISCELLANEOUS ADDITIONAL INSUREDS 1. Section II — Who Is An Insured is amended to include as an insured any person or organization (referredto as an additional insured below) described in Paragraphs A.1.c.(1) through A.1.c.(8) below when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy, provided that: a. The written contract or written agreement is: (1) Currently in effect or becoming effective during the term of this policy; and (2) Fully executed by you and the additional insured prior to the "bodily injury", "property damage" or "per- sonal and advertising injury". CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of „7 with its permission b. The insurance afforded by this provision does not applyto any person or organization included as an additional insured by a separate endorsement issued by us and made a part of this policy or coverage part. c. Only the following persons or organi- zations are additional insureds under this provision, with coverage for such additional insureds limited as provided herein: (1) Managers Or Lessors Of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that, part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant in that premises. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (2) Mortgagee, Assignee Or Receiver A mortgagee, assignee, or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a covered premises by you. This insurance does not apply to structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (3) Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from whom land has been leased to you but only with respect to liability arising out of the ownership, mainte- nance or use of that part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land. (b) Structural alterations, new con- struction or demolition operations performed by or on behalf of such additional insured. (4) Lessor Of Leased Equipment Any person(s) or organization(s) from whom you lease equipment but only with respect to liability for "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in whole or in part, by your maintenance, operation or usei, of equipment leased to you by such person(s) or organization (s). 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 leased equipment ends. This insurance does not apply to 'any "occurrence" which takes place after the equipment lease expires. (5) State, Municipality, Governmental Agency Or Subdivision Or Other Political Subdivision — Permits° Or Authorizations Relating To Premises Any state, municipality, govern- mental agency or subdivision or other political subdivision subject to the following additional provisions;', (a) This insurance applies only with respect to: (i) The following hazards for which the state, municipality, governmental agency or subdivision or other political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (1.1) The existence, maintenance, repair, construction, erection or removal of adver- tising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 7 with its permission (1.2) The construction, erec- The insurance afforded the tion or removal of vendor does not apply to: elevators; or (i) "Bodily injury" or "property (1.3) The ownership, main- damage" for which the tenance or use of any vendor is obligated to pay elevators covered by damages by reason of the this insurance. assumption of liability in a (ii) Operations performed by you written contract or written or on your behalf for which agreement. This exclusion the state, municipality, does not apply to liability for governmental agency or damages that the vendor subdivision or other political would have in the absence of subdivision has issued a the written contract or written permit or authorization. agreement; (b) This insurance does not apply to (ii) Any express warranty unau- "bodily injury", "property dam- thorized by you; age" or "personal and advertising (iii) Any physical or chemical injury" arising out of operations change in the product made performed for the state, munici- intentionally by the pality, governmental agency or vendor; subdivision or other political (iv) Repackaging, except when subdivision. vendor; or course of the vendor's business. unpacked solely for the (6) Controlling Interest purpose of inspection, Any person(s) or organization(s) with demonstration, testing, or the a controlling interest in the Named substitution of parts under Insured but only with respect to their instructions from the manu- liability arising out of: facturer, and then repackaged in the original (a) Their financial control of you; or container; (b) Premises they own, maintain or (v) Any failure to make such control while you lease or occupy inspections, adjustments, these premises. tests or servicing as the This insurance does not apply to vendor has agreed to make structural alterations, new con- or normally undertakes to struction or demolition operations make in the usual course of performed by or for such person(s) business, in connection with or organization (s). the distribution or sale of the products; (7) Co -Owner Of Insured Premises (vi) Demonstration, installation, A co-owner of a premises co -owned servicing or repair opera - by you and covered underthis tions, except such operations insurance but only with respect to the performed at the vendor's co -owner's liability as co-owner of premises in connection with such premises. the sale of the product; (8) Vendors (vii) Products which, after distri- (a) Any person(s) or organization bution or sale by you, have (referred to as vendor), but only been labeled or relabeled or with respect to "bodily injury" or used as a container, part or property damage arising out of ingredient of any other thing " your products" which are or substance by or for the distributed or sold in the regular vendor; or course of the vendor's business. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 7 with its permission 9 (viii) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting, on its behalf. How- ever, this exclusion does not apply to: (1.1) The exceptions contained in Sub- paragraphs (iv) or (vi); or (1.2) Such inspections, ad- justments, tests or 'servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in con- nection with the distribution or sale of the products. (b) This insurance does not apply to any insured person or organi- zation, from whom you have acquired products, or any ingredient; part or container, entering .into, accompanying or containing such products. With respect to coverage provided by this Provision A. Miscellaneous Additional Insureds, the following additional provisions apply: a. Any insurance provided to an additional insured designated under Paragraphs A.1.c.(1) through 'A.1.c.(8) above does not apply: (1) To "bodily injury" or "property damage" included within the "products -completed operations hazard"; or (2) To "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence of such additional insured. b. The insurance afforded to such additional insured only applies to the extent permitted bylaw. c. The insurance afforded to such additional insured will not be broader than that which you are required to provide by the written contract or written agreement. 3. With respect to the insurance afforded to!�the additional insureds within this Provision A. Miscellaneous Additional Insureds, ,the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of Ithe additional insured is the amount of insurance: a. Required by the written contract) or written 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 Declarations. B. EXPECTED OR INTENDED INJURY OR DAMAGE Exclusion 2.a. Expected Or Intended Injury' of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: a. Expected Or Intended Injury Or Damage "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. C. KNOWLEDGE OF OCCURRENCE Paragraph 2.a. Duties In The Event !i. Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: a. You must see to it that we are notifiedii as soon as practicable of an 'occurrence" or, an offense which may result in a claim only when the 'occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; n (3) A manager, if you are a limited liability company; or (4) An "executive officer" or the "employee" designated by you to give such notice, if you are an organization other than a 11 partnership or a limited liability company. To the extent possible, notice should include: (i) How, when and where the "occurrence" or offense took place; CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 7 with its permission (ii) The names and addresses of any injured persons and witnesses; and (iii) The nature and location of any injury or damage arising out of the "occurrence" or offense. D. LEGAL LIABILITY — DAMAGE TO PREMISES RENTED TO YOU (Fire, Lightning, Explosion, Smoke, Or Leakage From Automatic Fire Protective Systems) If damage to premises rented to you is not otherwise excluded from this policy or coverage part, then the following provisions apply: 1. Under Section I — Coverage A — Bodily Injury And Property'Damage Liability, the last paragraph (after the exclusions) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age by fire, lightning; 'explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. 2. The paragraph immediately after Sub- paragraph j.(6) of Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: 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 automatic fire protective systems) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 3. Paragraph 6. of Section III — Limits Of Insurance is deleted' and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or you, or in the case of damage by fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems, while rented to you or temporarily occupied by you with permission of'the owner. This limit will apply to all damage proximately caused by the same event, whether such damage results from ;fire, lightning, explosion, "smoke", leakage from automatic fire protective systems, or other covered causes of loss or any combination thereof. 4. Subparagraph b.(1)(a)(ii) of Paragraph, 4. Other Insurance of Section IV' — Commercial General Liability Conditions is deleted and replaced by the following: 11 (ii) That is fire, lightning, explosion, "smoke" or leakage from automatic fire protective systems insurance for premises rented to you or temporarily occupied by you with permission of the owner; 5. Subparagraph a. of Definition 9. "Insured contract" of Section V — Definitions is deleted and replaced by the following: 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) Iby fire, lightning, explosion, "smoke", or leakage from automatic fire protective systems to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract". 6. As used in this Provision D. Legal Liability — Damage To Premises Rented To You: "Smoke" does not include smoke from agricultural smudging, industrial operations or "hostile fire". E. MEDICAL PAYMENTS If Coverage C — Medical Payments is 'not otherwise excluded from this policy or coverage part, the Medical Expense Limit is changed, subject to the terms of Section III — Limits Of Insurance, to the greater of: a. $10,000; or b. The Damage" To Premises Rented b. The Medical Expense Limit shown in ','the To You Limit shown in the Declarations. Declarations, F. MOBILE EQUIPMENT REDEFINED is the most we will pay under Coverage Subparagraph f.(1) of Definition 12. "Mobile A for damages because of "property damage" to premises while rented to equipment" of Section V —Definitions is deleted and replaced by the following.- CIL ollowing:CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission (1) Equipment with a gross vehicle weight of 1,000 pounds or more and designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; G. NEWLY FORMED OR ACQUIRED ORGANIZA- TION, PARTNERSHIP OR LIMITED LIABILITY COMPANY AND EXTENDED PERIOD OF COVERAGE Paragraph 3. of Section II — Who Is An Insured is deleted and replaced by the following: 3. Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or: a. Majority interest of more than 50% if you are a corporation; b. Majority interest of more than 50% as a general partner of a newly acquired or formed partnership; and/or c. Majority interest of more than 50% as an owner of a newly acquired or formed limited liability company; will qualify as a Named Insured if there is no other similar insurance available to that organization. However, for these organiza- tions: (i) Coverage under this provision is afforded only until the next anniversary date of this policy's effective date after you acquire or form the organization, partnership or limited liability company, or the end of the policy period, whichever is earlier; (ii) Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization, partnership or limited liability company; (iii) Section I — Coverage B — Personal And Advertising; Injury Liability does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, partnership or limited liability company; (iv) Coverage applies only when operations of the newly acquired organization, partnership or limited liability company are the same or similar to the operations of insureds already covered under this insurance; (v) Coverage only applies for those limited liability companies who have established a date of formation as recorded within the filed state articles of organization, certificates of formation or certificates of organization; and (vi) Coverage only applies for those part- nerships who have established a date of formation as recorded within a written partnership agreement or partnership certificate. H. WHO IS AN INSURED — AMENDMENT The last paragraph of Section II — Who Is An Insured is deleted and replaced by the following: No person or organization is an insured with respect to the conduct of any: 11 a. Current partnership or limited liability company, unless otherwise provided for under Paragraph 3. of Section II — Who Is An Insured; b. Current joint venture; or c. Past partnership, joint venture or limited liability company; that is not shown as a Named Insured in the Declarations. I. NON -OWNED WATERCRAFT Subparagraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft of Section I — Coverage A — Bodily Injury And Property Damage Liability is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS Section I — Supplementary Payments„ — Coverages A And B is changed as follows: 1. The limit shown in Paragraph 1.b. for ,the cost of bail bonds is changed from $250 to $3,000; and 2. The limit shown in Paragraph 1.d. for loss of earnings because of time off from work is changed from $250 a day to $1,000 a day. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 7 with its permission K. UNINTENTIONAL OMISSION OR UNINTEN- TIONAL ERROR IN DISCLOSURE The following provision is added to Paragraph 6. Representations of Section IV — Commercial General Liability Conditions: However, the unintentional omission of, . or unintentional error in, any" information given or provided by you shall not prejudice your rights under this insurance. This provision does not affect our right to collect additional premium or to exercise our right of cancellation or non -renewal. L. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of -recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" and included in the "products -completed operations hazard" when you have agreed in a written contract or written agreement that any right of recovery is waived for such person or organization. This waiver applies only to the person(s) or organization(s) agreed to in the written contract or written agreement and is subject to those provisions. This waiver does not apply unless the written contract or written agreement has been executed prior to the "bodily injury" or "property damage". However, if any person or organization is separately scheduled on 'a separate waiver of transfer of rights of recovery which is attached to this policy, then this waiver does not apply. M. LIBERALIZATION CLAUSE The following is added to Section IV `— Commercial General Liability Conditions: If we adopt a mandatory attachment form change which broadens coverage under this edition of the Commercial General Liability CG0001 for no additional charge, and those changes are intended to apply to all insureds under this edition of CG0001, that change will automatically apply to your insurance as of the date we implement the change in your state. This liberalization clause does not apply to changes implemented through introduction of a subsequent edition of the Commercial General Liability form CG0001., N. INCIDENTAL MEDICAL MALPRACTICE Paragraph 2.a.(1)(d) of Section II — Who Is An Insured does not apply to a physician, nurse practitioner, physician assistant, nurse, emergency medical technician or paramedic employed by you if you are not in the business or occupation of providing medical, paramedical, surgical, dental, x-ray or nursing services. 2. This provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow Paragraph 4.b. of Section IV — Commercial General Liability Conditions. CL CG 04 92 09 16 Includes copyrighted material of Insurance Services Office, Inc., Page 7 of 7 with its permission This page has been left blank intentionally. COMMERCIAL LIABILITY UMBRELLA CL CU 24 74 09.13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US �,.Z This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV - Conditions is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the 'occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. CL CU 24 74 09 13 Includes copyrighted material of Insurance Services Page 1 of 1 Offices, Inc. with its permission This page has been left blank intentionally.