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HomeMy WebLinkAbout5861CONTRACT MODIFICATION AGREEMENT NO. I BETWEEN THE CITY OF BREMERTON AND THE JOHNSTON GROUP PROJECT: Federal Legislative/Agency Representation Services CONSULTANT: The Johnston Group THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement (the "Contract") entered into between the City of Bremerton and the Johnston Group on January 10, 2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: Exhibit A is replaced with updated Exhibit A (November 2019); attached to this Contract Modification. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31, 2020. Section III. Compensation , is modified as follows: The original contract amount was $60,000. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $60,000 for a total amended contract amount of $120,000, including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on -site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification Rev. 10/2019 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director CONSULTANT approved to process �7-17�/I9 (Initials and Date) By: 1L... k2t--n Print e: .1*cr- J04.6T4.4 Its: MS1 4Fr.Pf Date: IIIo 'a APPROVED AS TO FORM: By:,yv-.. 4v ROGER A. LUBOVICH, Bremerton City Attorney NOTICES TO BE SENT TO: RALegal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx THE CITY OF BREMERTON By: W...�— Print Nam : 1-2 "tieele- Its: N1G, v Date: t Z zo 'Zd ATTEST: �j RE ""a 0! =I NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Dept. Address 15146 L04r, S+ Address 2 6L46-C.. I Ov Phone/Fax 1&-t rne�j , Q A %351 (Sit v) y 73 —sa-1 a Page 2 of 2 Contract Modification Rev. 10/2019 Exhibit A (November 2019) Scope of Work and Summary of Accomplishments This Exhibit outlines some of the major accomplishments achieved in 2019 and outlines a Scope of Work in prioritized order for 2020. 2019 Accomplishments The Johnston Group helped the City of Bremerton make major gains in 2019 in support of its federal legislative agenda. Specifically, we accomplished the following key goals: Worked with the City of Bremerton to apply for a $690,000 grant from the Office of Economic Adjustment (OEA) at the Department of Defense that will create a master Commuter Workforce plan to solve the parking and transportation challenges associated with the Puget Sound Naval Shipyard. a. Secured delegation support for this grant application. b. Prepped the grant with OEA prior to its submittal so that the Agency would be ready to review when funding was available. c. Helped the City define the scope of the grant request to best meet its needs and set up projects for future funding under the Defense Community Infrastructure Program (DCIP). Facilitated the necessary relationships between the City and its key regional and federal partners including the Congressional delegation, the City of Lakewood (host community to Joint Base Lewis McChord), the South Sound Military and Community Partnership, the Office of Economic Development and the Association of Defense Communities. a. In DC meetings and in regional meetings, the City's Mayor and key staff have been able to build relationships with key policy and funding decision -makers. b. Congressional offices have toured the City's identified projects and have a keen understanding of the city's objectives and goals. 3. Lobbied in support of funding a new program called the Defense Community Infrastructure Program (DCIP) in the Department of Defense for infrastructure projects in military communities. This work has yet to be finalized in 2019 at the time of this memo's creation, but we expect there to be close to $100 million of new funding in a new program designed to partner with cities that host military installations. a. Funding grew from $0 in 2018 to $30 million in the House -passed version of a bill in Spring of 2019 to $75 million in the Senate version in early Fall to an amount currently in negotiation that could be between $100 and $125 million. b. This new DCIP funding could provide a significant portion of the capital budget for the future commuter workforce projects that will be identified in the OEA grant. 4. Regarding transportation, have grown support for establishing a medium sized city set - aside for federal transportation budgets. If successful in this effort, cities the size of Bremerton will have increased access to competitive funding opportunities for infrastructure and transportation projects. The 2020 scope of work build on our short-term success and continues to build support in 2020 and for longer -term initiatives in the years ahead. Additionally, we follow the work being done by partner agencies and organizations and will levy support when and where appropriate. Some of these organizations include the Association of Washington Cities, the Association of Defense Communities, the Puget Sound Regional Council and Kitsap County, among others. These items are listed in priority order. 1. Funding the City's OEA grant request to develop a comprehensive Pedestrian and Commuter Strategy for the Puget Sound Naval Shipyard The Puget Sound Naval Shipyard (PSNS) is a key economic factor for the City of Bremerton with insufficient parking, pedestrian and bicycle infrastructure and drop-off areas for a commuting workforce. The City has done an excellent job of researching the challenge and looking at potential mitigation strategies and has formally submitted a $690,000 grant request to the Office of Economic Adjustment (OEA) at the Pentagon to develop a comprehensive strategy and capital plan. This grant request fits with the Joint Land Use Study conducted for the Puget Sound Naval Shipyard and Naval Base Kitsap and enjoys the support of the Base Commander and the Congressional delegation. We expect a final determination about this grant shortly and hope to let the contract in early 2020. Part of our work in 2020 will be to ensure that funding is delivered and accessible and to also keep our congressional delegation informed about the work being done as key milestones are hit. The completion of this project will (hopefully) identify key projects that we will be seeking support for federal funding to implement, potentially through the DCIP. 2. Defense Community Infrastructure Program (DCIP) In 2018, Congress included the creation of the Defense Community Infrastructure Program (DCIP) in the Defense Authorization bill with an initial authorization of $100 million for the program. This program was the result of a multiple -year effort led by the City of Lakewood and pushed by Rep. Denny Heck with the support of Rep. Derek Kilmer and Rep. Adam Smith. This new federal program will create a new funding program for the Department of Defense to help cities construct infrastructure that serves military installations. Congress failed to fund the program in 2018 leaving that as our primary strategy in 2019 - to fully fund this program and get it set up so that the City of Bremerton could access it once its pedestrian and commuter workforce study at PSNS was complete. While the specific funding level in 2019 is not yet known, all signs are extremely positive. The first version of the House bill included $30 million for the DCIP thanks to the advocacy of Rep. Derek Kilmer. The Senate's version of the bill increased this amount to $75 million and as the bill gets conferenced between the two bodies, we've seen the number continue to climb towards the fully authorized amount of $100 million. Assuming that Congress funds this program, it will fall to the Office of Economic Adjustment to implement the program. This is where the city's grant request for the PSNS Commuter study allows us to build strong relationships with that agency. This is a tremendous opportunity for the City of Bremerton and lays out some clear steps for us in 2020 that should be among the City's top policy, funding, and legislative priorities for 2020. Our work will be to watch the establishment of the program to ensure it fits for the city of Bremerton and that Congress continue to prioritize funding for this effort. 3. Transportation Currently, there are a lack of federal funding programs that the City can use for its transportation and infrastructure goals. To make investments in local infrastructure in this environment, the City should pursue targeted requests of its federal delegation and support broader efforts to define more opportunities at a federal level. We expect Congress to take up an infrastructure bill early in 2020 as the current Transportation bill expires next year. Finally, we expect that earmarks may make a comeback in 2020 for public agencies. Each of these opportunities defines some policy priorities for the City of Bremerton. • Funding for Non -Motorized Infrastructure For decades, Congress has debated the amount of funding from the federal gas tax revenues that should go towards projects that are not directly highway related. These projects include transit systems and non -motorized projects like sidewalks, trails and other programs. The share of federal dollars being made available to non -motorized projects has diminished over the past few transportation bills and there is a concerted effort to eliminate funding for transit and non -motorized access all together. As Congress debates a new Transportation bill and considers the continued funding of the BUILD Program (formerly known as the Transportation Investment Generating Economic Recovery, or TIGER, discretionary grant program), the City should continue to lobby for a portion of federal infrastructure dollars be allocated for transit and non -motorized projects. • Medium Sized City Set Aside Most federal infrastructure spending has a rural set aside which is critical for smaller communities to be able to access federal dollars. There is no comparable medium sized city set aside. Instead, medium sized cities compete against large cities like Seattle, Portland and Los Angeles for limited resources. Medium sized cities need a defined pool to compete within so as to make federal funds available in a way that simply aren't in their current status. As Congress debates a new Transportation bill and considers the continued funding of the BUILD Program (formerly known as the Transportation Investment Generating Economic Recovery, or TIGER, discretionary grant program), the City should lobby for a portion of federal infrastructure dollars be set aside for medium sized cities. This policy position is consistent with the work the city has been doing for years and is supported broadly by similar sized cities throughout the state. The BUILD program is the key federal funding program for local infrastructure investments. Yet, all cities compete within the same funding pool, putting smaller and medium sized cities at a competitive disadvantage for funding even as the transit and commuter challenges are similar to those of larger communities. There are efforts in Congress to create funding tiers so that cities of similar size can compete for federal funds. The City should support efforts to designate a portion of federal transportation spending for cities under 100,000 in population size. • Funding for MPOs Federal transportation funding is generally distributed in Washington State via the State Department of Transportation (DOT) or via a Metropolitan Planning Organization (MPO) like the Puget Sound Regional Council (PSRC). In the most recent Transportation bill from 2016, Congress changed the allocation of funds from 50%-50% between DOTs and MPOs to 55%-45% with MPOs gaining the larger amount. As Congress starts to consider the next Transportation bill, the City should support increasing this proportion to the benefit of MPOs and oppose any attempt to preclude the formation of new MPOs to meet regional needs. This should dovetail with the City's work at PSRC to more highly value cities with military installations in competitive funding pools. 4. Defense Policy / Issues As the host community to the Puget Sound Naval Shipyard and Naval Base Kitsap, the City is keenly impacted by Defense policies. The following issues comprise a key portion of our 2020 federal policy agenda. • Base Realignment and Closure (BRAC) The City should support a BRAC round to focus limited federal funding on critical military infrastructure needs. The City urges Congress to invest in the Office of Economic Adjustment with any BRAC round. While the prospects of a BRAC round before 2021-23 are unlikely, the DOD and our congressional delegation are supportive. A BRAC round is the best way to direct military construction and infrastructure funding to the bases and locations that need the most investments. More, for bases that see an increase in missions or personnel following a BRAC, Congress should consider creating a new funding support to address deficiencies on those installations. • Office of Economic Adjustment (OEA) As Congress moves forward with annual Defense Authorization bills, preserving funding for the Office of Economic Adjustment at the Pentagon is a key priority for the City. OEA funds economic studies and planning for cities that experience reductions or growth in their military installations. We expect OEA to become a critical partner to the City for many of our shared initiatives in support of PSNS and NBK. Funding for OEA is under persistent threat and the City should lobby for stable funding for OEA in recognition of its strong role in the economic growth in our region. • Association of Defense Communities Engagement The Association of Defense Communities (ADC) has the potential to become a key ally for the City. The ADC's support for the Defense Infrastructure Program was key to enactment in 2018. Additionally, its steadfast support for the Office of Economic Adjustment has been critically important for the viability of that agency. The City should look for ways to deepen its relationship with ADC and consider travelling to the ADC conferences with the eventual goal of seeking committee and board positions with ADC. • Support for MilCon Projects at PSNS and NBK As the City develops its relationships with base leadership at PSNS and NBK, it should lobby for projects at both installations that the bases are seeking funding support for within the congressional spending bills. • Carefully watch shipyard budgets for PSNS and advise City about impacts The Navy has identified a multi -billion infrastructure needs at its major shipyards but has failed to adequately fund the need to date. Watching this budget and analyzing its impacts on the City of Bremerton will be a key priority for the Johnston Group in 2020 and the years ahead. 5. Community and Economic Development Programs • Restoration of Earmark Authority Congress is considering restoring the earmarking authority to the legislative branch following the election. The Administration is currently not funding the obligations directed by Congress and many elected officials want more authority over how funds are allocated. The City should support earmarks with the following criteria: o Only available to public agencies. o Fully transparent process for requests. o Limited to economic development, infrastructure, transportation and human services funding programs. • Community Development Block Grants (CDBG) and the Home Investment Partnership Program (HOME) o The City of Bremerton uses Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding to support local initiatives that benefit the City's vulnerable population. Funding in the CDBG program increased by 30% in 2018 after falling to a decade low in 2017. The City should support the CDBG and HOME program at the federal level and lobby for increased funding that could be put to use in Bremerton immediately. • Support Municipal Tax Policy Congress has adjusted various tax policies that have a direct impact on the City of Bremerton, including the New Markets Tax Credit, the Affordable Housing Tax Credit and the State and Local Sales Tax Deduction. These policies, in addition to policies that would negatively value municipal bonding authority, remain under debate in Congress in 2020 and the City should advocate for strong municipal authority and tax credits that facilitate economic development and meet our region's critical housing needs. 6. Support the Green Stormwater Infrastructure Initiatives. Representatives Derek Kilmer and Denny Heck are leading a long-term strategy to modify federal laws, funding opportunities and programs to benefit the Puget Sound ecosystem. This effort has multiple policy components: • Add green stormwater treatment as a scoring criteria for federal transportation awards. This would advantage projects seeking federal funds that include a stormwater management component. • Create a tax credit program for stormwater retrofits and new development. If enacted, this program would provide a 50% tax credit for individuals and developers that incorporate stormwater projects such as rain gardens, bioswales and similar projects. • Create a new federal program to fund culvert replacement, fish passage improvements and habitat restoration in municipal streams and creeks. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5U SUBJECT: Contract Modification Study Session Date: December 11, 2019 Agreement No. 1 to the Professional COUNCIL MEETING Date: December 18, 2019 Services Agreement with the Johnston Department: PW&U Group for Federal Legislative/Agency Presenter: Tom Knuckey Representation Services Phone: (360) 473-2376 SUMMARY: Last year the City executed an agreement with the Johnston Group to assist with federal lobbying, and to help build collaborative working relationships with federal agencies and legislators. In 2019, they facilitated a series of meetings between the City and its congressional delegation both in Washington DC and locally. They also coordinated meetings with officials from the South Sound Military and Community Partnership, the City of Lakewood and the Office of Economic Adjustment, and assisted in developing a focused approach to secure funds to develop an NBK commuter master plan, with the ultimate goal to secure construction funding for implementation. Throughout the year the Johnston Group has been monitored the progress of funding the Defense Community Infrastructure Program in the legislature and advised the City on steps it can take to assist in ensuring the program is funded. ATTACHMENTS: 1) Contract Modification No. 1 to PSA with the Johnston Group; 2) Exhibit A November 2019) which includes Summary of 2019 Accomplishments and 2020 Scope of Work FISCAL IMPACTS (Include Budgeted Amount): This contract is $5,000 per month except for travel expenses, which will be reimbursed to the Johnston Group based on actual expenses in accordance with Exhibit B. This item is included in the City's 2020 expense budget. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: 0 Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 to the Professional Services Agreement with the Johnston Group9 for Federal Legislative/Agency Representation Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL U ACTION—: 4pprove 1=1Deny Table I=1Continue No Action Form Updated 01/02/2018 I PROFESSIONAIL, SERVICIISAGREEIMEN'r Fedeiral 111.,eg .jislafive/Af ney Representation Services 1. 'lie City of Br cmertori wid the Johnston Girotiip ("Consultant'"'), refiDirred to collectively as the "Par-fies,"' eriteir into the fbllowing Agreement for profe-ssional services: I 1. Scolpic. 'Fhe Consultant agrees to perforrn, the services inore specifically described incl , ti -w Scope and Schedule of Work,., dated July 16, 2018, including any attachtnents, thereto , attached her(.nto as Exhibit A, which is incorponated by reference here in. I'llcope and. �S(.,Aiedule of.' Worl< inLay be niodified only pursuant to Section V11.1-1. oftlhis Agreemellt., Ill f the Scope ar-O Schedule of Workprovides for urispecified additional rseryice; s sucla serviceS shallonly be l.',)erfbinned upon the expresis ivrirteiii, request of the City, Consultant ' fiirth.er re'liresents that the st,rvices furnished. under t1ilis Agreernent will be peribrtned in accordance with generally accepted pro&ssional 1,nactrey es itii. effect at, the tini.(-.n such services are perfbnned. 11L, 117ernu 'Fhe CitY m.e (�d the agree thaw t ork will begin,n ffit on tasks described in ' Exhibit A. w.i, August I ", 2018. 'Fhe parties agree that the work.. da,.Iscribed in Exhibit A is to be completed as provided for in the work schedule; provided however, that, additional firne shall be granted 1-.)y the City -for excusable delays or extra work as provided, for in Section IXA of this af;r(-,aement. 11111. Conapenst ioni: In consideration of flae services pixwided pursuant -to this Agivenlent, the City sh�dl 1�.)ayonsultant in an. "111301.1rit 110t to eXceed $15,000. Consultant's chm-ges and bills shall coriform. to the fe�e schedule attached hereto as 1.7xhibit B and incorporated fiereiri. by this reference. The Consultant shall sul.0mit regulax billing staternents detailingwork. perl"ojrjra,Cd. Tkie descriptions shall cordo rrn u..) and ffill within. the categories set out in the Scope of Work. and/or Fee Scliedule. T.Jpon receipt of a conforri,ling Ibilling staterneint, the City sl.-�.all pronlptly process paymen.t. PROVIDED, HOWEVER, t1w City reserves th.e fight to prioiritize seoped work and accelerate andA)r delay work task -B urider the time frame set fi)i th. in Section 11 biereiz-i.. 'The C,onsultant's labor rates and billing fi.,,es shall be as defineated in Exhibit 13. (I "onsultant shall riot perf,.orni woi­lk beyond the Scope of Work, nor shall be comlpensated for, such. work, unless t1be Scope of Worlik or arnount of compensation is modilied pursuant to this Agre,etnent., Corisu,ltant shall only be compensated R)r additional services if requ.iested pursa,.jant to Section I aurid, if not oth.erwise provided, such compensation sh.all be iri. acicoirdanice with E 11bit If a billing statement does not con1brM to this Ap neement, the City inay withhold payment until die stateti,.ient is bro�ught into compliance. Such, withholding does not relieve Consultant oohs obligatioris under this Agreerrient, IV. Relafioiiiiship of Parties- Constiltant repiresents that it is skilled in the niiatteT's addres'sed in tbe Sc(ve of Work and is performing indej)endent ffinctions and r-esportsibilifies within its Page teat' 16 Br(riti.erl:oii�Jh:�i�.n-st—on--e"ir(,)upI gdq,[dj I e,/As'en,qyA&,,Ke pjg Lon Sery:tq_e,,;j Rev. 03/' 2.0 IS field of expertise. (.'I ,onsultant ztnd its personnel are independent Consultants and. not employees of d1z (...'Ity. Constiltant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. onof the benefits providex-1 by the City to its employees, iii:u,,luding, frut riot fi-mited to, compensation, insurance, and urietriployrnent insurance rune Haar a.pp al)le fmrti the, City to the employces, agents, representatives, or sub -Consultants of th[e Consultant.Consultant will The solely and entirely responsible f6 its acts and fbr the acts of Consultant's agents, ernployees,, rept"esentativeswi.d st,ib Consultants during the perromiance of this Agreernent, 'The City may, during the term of t1his Agreement, engagt., other indeperident (,-'osalt ants to perform the sacne or similar work. inn an it'Oependent Consultant, Consialtant is ir(.-,sponsible fbir il s on management '. The City',s, admirlistraition arxi enforcetrient of this Agreement shall not be doemed an exercise of inanagerial, coritrol over, Consultant or its personnel. As an independc°,,nt Consultant, Consuluml. is responsible foir payment of all taxes wid licensing 11;es necessary to perf6mmi its obligati'Mis undex this Agreement. The taxes and. fees include brut are not limited to State- industrial insurance, Business & Occt,lpation, State professional ficensing, and City, business licensing. If any taxes or fc,,es due the (.ity have been dechure,d delinquent, flae City may withhold the definquent amount, plus any additional charges earising ftorn the delinquency, from any payrnents due Consultant, V. ErMemitfification. A. Consultant shall defnd, indemnify and hold the City, its officers, officials, employces, agents and vokinteers hannIess firoin any and all chdrns,, injuries, darruages, kmses or, SlllitS, ill(Aeau ing all legail costs anc.1 atlorney fu,es, arisizig out of or iii -i connection wit1h the perfort-riance of this Agreement enact ept fim, that portion of the injuries and darnages caused by the Cit y's sole negligence, unless Cor�isullant is conducting W(,.)T,k pursuant to Subsection 13 below. �.n The (' ' I ' 4's review or acceptance of any ofthe Avork, when completed shall not be roti gnds to avoid, any of these covenants of in cleninification. ,afire .1.Huta ,c,tai , Enoineers and AtryOther Professional Listed In air.id Elerforrnulg Svrvices Defined in RCW 424. 115. Si'muld a court of competent jiirisdiction determine that Consultanfs servicef.., provided purRiant to this Agreement is subject t(,:) R.(.',W 4,24� 115, t1herl, in tlie event offiat fflity for damages arising out ofbodily inJury to per'f.-,ons or darnages to propelly caused lby or resulting from the conccarr enot iu.,,:gligence of tlie Const,iltarit and the City, its officers, officials, employees, agents and volunteers, the Consultarit's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FU1T111'..R SPI.ICIFICALLY AND EXPRESUNI.)ERS'11700D T[71AT THE [M)EMNIFIC,X]RON 111ROVIDED HEREIN CONS"TITUT'ES t: ONS WAIVER OF IMMI NITY UNDER INDT.J153-11FRIAL, INSU'RANC111,:°,, TF11.,E 51 RC)AI,SOLELY FOR THE P1 JRPOSES OF THIS 1114DEMNIapp; ATION. '11"HE PARTIES F[JUTIER ACKNOW1,EDGfE THAT'I"'HEY HAVE M.UJUALLY NIRIX-10TINTED THIS WAIVER. Page 2 of 16 E.1reinn ertion/Johnston GroU, .......... -,V j Ne/At;en , Repriestri.t.atiori. Services - - -------- - . ..... Ki . . ......... ..... . . ....... .... ..... Rev. 03/2018 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 Certificate ITof Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabihil 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.o . ifily.........• . ......lirni° t......°° 1900;.000--imrt 9 .,9 4. Professional Liabili 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 operations, liabilities and obligations to which coverage applies. It shall be an affirmative Page 3 of 16 Bremerton/Johnston Grour iFederal..Leslat,ye/,e,nc w,,,,,,,,,,egresentation,S,erv,ices] Rev. 03/2018 obligation upon Consultant to advise the City's Risk Marvagrer by ffix at (360) 473-,5161, or by certified mail, itettarn receipt requested to (Ity ofBirernerton, Attru Risk Managerrient, 345 6t"' Street, Suite, 100, Bremerton, WA 98337 within two days of dw cancellation, susperision or substantive change of my iIISUTance policy set out hercin, and failure to, do so shall be coristrued to be as breacb of this Agrceinerrt� The City also reserves its uriqualified right to require at wiy firne M. -Id. f" r, any reason, proof of ccwerage in the fiorrri of a, duphcale of the insurance policy with all end.orsements as evidence of coverage. VIL (3erimral Conditions: A. Re, 01.1� 11, InIbrination.l. ben requested by the City, Consultant shall furnish .......... . . . periodic reports arid documents oil matter's covered by this Agreement. 'The reports and doci.iments shall Ix f1irnished in. the time and fomi requested, Consultant shall niairitain ac,counting records in accordance with (Yetierally crag, ll Ace-ountitig Princij,-)Ies ("GAAP"') to stibstantiate all billedarriounts. 113. ()wnership and LJse of Records and Docuixnerits: Original documents, drawings, designs and reports, including those in electronic fbrrnat, developed. tmder this AgreerrientaTe the property of' the City. All Avritten infbrination subinittiA by the City to the Consultant in connection with the sex,vices perforryied by the Consullant under this Agreement will be safraguarded t)y the: Consultant to at least tfie sarne extent as the Consultant sak�guards like information relating to its own Imsiness. If such ffifonriation is publicly available or is already in. C'onsultant's possession or known. to it, or is rig . htfully ()tIj..arined by the Consultant froli-I third parties, Consultant shall bear no responsibilily for its disclosure, inadvertent or (Arlier-wise. All]. data, docuinerits and. files Crarted by i onsultant under this Agreerrient, may 1�)e stored at Consultant's office in Seattle, Washington. Consultamt shall make such data, docurneril.s, and filles available to the City upon its request at all retia sonal.-)Ie firnes flor the pi,jrpose of editing, i-nodrifying ami updaling as necessary urail such time as the City is caPal')le of stroring such inBortnation in tlie City's offices. Dul)licae copies of this infbrination shall be provided to the City upon its request, andr at reasonable cost. All docu.ments, including a] I. reports, drawings, specifications, cruor nputer softwar-e (,.)r other hemi s prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to tfie project and are the property c)f the City, Any reuse by tlu�,City for other than the specific Purl OSC intended will. be at City's sole risk. C. Use of 131,�ito) (.,onsullant shall rnot use or distribute photograj,:&is or images depicting officials:, personnel, property, or equipment whether I prepared b� Constiltant or provided by City, without prior written consent oftlie City. Ilie Cify will riot unreZBOTialbly withhold its consent. D. Work PerfoTmed at Consultant's Risk: C.onst,iltant shall t�ake all precautions 111rcessary arid shall be responsible f6r, the sa.fety of its employees, agents,, and sub -consultants in. Page 4. of 16 Brenierton/Johnston Grou) jv /Ag�pRy ,w_a g,ptafiqn. Services ....... ... Rev. 03/2018 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 t Agreement at i,...�.�...,�..�. o in Seattle, 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 A !reement: 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. Severabilit"v: 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. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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. Notices to be sent to: CITY: Attn: Chal Martin City of Bremerton 100 Oyster Bay Avenue Bremerton, WA 98312 Notices to be sent to: CONSULTANT: Attn: Jake Johnston Johnston Group 2400 NW 80`x' St. #191 Seattle, WA 98117 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 performance 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. w ,omp lance., with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Page S of 16 Bremerton/Johnston Groutp„i [Federal kgtislative/AL,aen!; Re resentation Servicesj„ Rev. 03/2018 MChoice of Law and Venue.This Agreeinent shall be interpreted cording to the laws of the State of Washington,. Any judicial action to resolve disputes arising out of" this A.fir eement shall be brought in Kitsa� Cu: ttray Superior C',OUTt. AttomcvsFees.In the event of fifigation to enibree any of the terrns or provisions herein, each parly shall pay all its own, costs and atu-)rney's fees. 01. "Any assigntnent ofthis agreement by the Contractor without th we rittn co written of the City shall be void V111.Nondi.scrinfination: Corisultant shall. not. discairninate in employment orervices to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation excelpt for ernployment actions lbased on bona fide occupational qualificati(m. IX. "Yerinination: This Agreernent shall irernain in force until completion and acceptance of the services, u',,rininated by written instrurnent upon mutu al. consent, or by the City of" Breni(.,Mrton f'or convenience. This Agreenrient may be irnmediately terrilinateA fbir, catise by a Party if the otlier Party substantially fails to perforryi. through no fhult of the terminating early, and the non-- performing Party, does not cornrnCTICC correction of the faiture, of' performance within thiqY (30) days of ffie terininating Party's sendiiig notice to the non .perf'omiing Party. Any Notice by Consultant sha.11 iinch,idc,, a report showing the staILIS of' all items listed in the 13cope of Work, current through the ter-mination date. If tl.ic; City re(.eives reirnbursement by array federal,, state, or othei, souirce for work described irl Section I herein, and ttiat fundiiig is wit1hdrawn, reduced or limited in any way, or the proJect is can.celled or substantially reduced afler t1w execution date ural" this Agro (.= and pii.or to the completion, of the work, d-iie City inay sununarily tenninatc thisAgreement, A.- Excusable The right ofConst,g1tant trn proceed. shall not The terrrainated nor shall Consultant be c1harged witi"i liquidated (hunages fOT' arty delays in the completiori of the work due to: 1) arwy acts of the &deral government in controlling, restricting, or requisitioning runt rials, (�.-,quipinent., tools, or labor by rea.son. of war, national defense, or officr national ernfo-rgency; 2) any acts of the ("ity, its consultants, or other public agencies causing such delay; and 3) causes not. reasonably f6r-ese(-,able by the 1,mirties at the timc of the execution 41f the Agreement that ar(.,,; beyond the controll. 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. PIRU.)VIDED, HOW]LIVE R., that the Consi,dtant mttst promptly notify the City within ten (10) calendar (.1ays in writing (,-.)f the cause of the delay. If, oil the basis of tfw facts and the terms (,.)f this Agreeanent, the delay is properly excusat-)Ie, the City. shall, ill writing, extend. the time for corrij.-Aeting the w(.,)rk. for a period�of firne coinmensurate with the 1,,.)er,i.od of exctii.salMe delay. B. FL !J12(�n Termination- In the event of termination, the City Shall p,,ay for al[ services perfiorrned [°ay the Consultant to the effecfive date of teinfination, as descl,-ibed on a final invoice suixii.itted to the ( " 'ily. After termim.,ition, the: City may take possessio fl. of all recordn s a(111 data within the Constiltant's possessionpeirtaffi.irIg tO this project which nruiy be i.ised, by the City Page 6 of 16 B re t Ti e rt(m i ALO I—MA () _nG TP ve ,, q A,.q�E e Baa rvices ----- - - ---------- Rev. 03/2,018 WW10LA restriction. Any sm,11h use not related to flic project w1iich (...onsultant was contracted to perforni shall Ilene without liability or legal exj)osure to the Consultant. X., Siii.spenNion & Debarment. For, eontract,,.-i involving Federal ftinding, Corisultant heref.)y certifies, b,y signing this agreemew, that neither it nor its principals are piresently debarred, suspended, proposed for, debm.nent, declared ineligible, or voluntaxily excluded from 1.')arficipation in this transaction by any 11"ederal department or agency. Consultant shall provide irnmediate written notice to the Cily ifat any time it learns tbat it is or has become ineligible f6r cerfification.. Should (-'onsiiltant enter into a covered. transaction with another fim, Consultant agrees by signing this ag ,ireement that it will verify that the ffirn. with from it intends to do buisiness is not deballi-ed, su.spended, inefigible, excluded oir disqualified, IN WTTNl:�SS WHEREOF, the parties below have executed this Agreement. CITY OF BREMERTON By. .......... . F'rint Name., ial . artin, PE' Its: Director o'Publi(.,,, Works and Utilities te:, APPROVEL) ASTO 1, ORM: B y Breffieiton C',6 tomey" Page 7 of 16 Bremerton/Johnston Grm-) ou ) enqRel+resentat on Services,], Rev. 03/2018 CONSI.R.A'ANT: JOHNSTON (33ROU? BY Print M�tne: Its: Date: MEMN City Clerk Exhibit A Scope arid Sdl-ii,edule of Work This contract is the first Iphase (I A.ugusl 2018 —31 December 201.8) of what is anticipated, Mrith Council approval and in accordance with the 2019 budget, expected to be a im.ilti-phase effbrt that will spari at least througli calendar year 2019, with a separate cointract to be put in place in. Decetyfl'.)eir 2018 for calendar year 201.9. I I his first p)-r,ase m411 be locally foctused to deVeIOP strzitegies for and identify issties important, to the laity for which fi.deral legislative and agency representation will Ibe impactful. A paitial list of issues COHOWS: 1. ]�'iavy/Sllidpyard impact on the City a. SR 3 / Gorst Bottleneck (alternate Shipyard ac(.,,.ess) b. Add, Navy parkinggarafi.;e(s) c, l'ublicl"r-,iiisl.-)(.)rtation(un.(.Iiiig--.incieaseuridir�gfoi]itsap'][1°ansit: toa.ddroutes Within tl.,I[c City 2. Opportunity 7ones -.. shape Federal Agency guidefines forpractical impact to Bre-Tilertan I Aff"ordaale Housing s1hape legishatrion and/or Agency prograrn guidelines 4. CDBG fixn.ding -, increase 5. Meritarl Health funding - increase 6. Hospital District transition 7. K'itsap Lake water quality 8. plana:-runwater Qu alijY . r funding for Brcmexton / Puget Sound ' 9. UGA fwwers / shape legislation and/or Agency program gundefines 10., Increased cooriinitiioii/(.,,.ollal)oratioii w/ regional stakeholders sinii larly impacted Supporting the Creation of a new Federal Pro ram to Fund Infrastructure for Cities that Serve MifitanInstallations .1 CurreintlC y, ongress is working to create — and fund a. new federal program that, would infirastruc,,turc flinding to cifies to build transit, roads., water all" d sewer systems, energy rnanagement, emergency services wi.d imedical support.This prograin is designed to be a cornpetitive grant prograni. administered by the Department of'Defense and 1,,)e for the sole use of cities with as militaii-y irlstallation presence,. The Jolinston. (3roiap expects, Congress to withorize this riew progran-I tl.,Ii!s year and provide rnininial funding, Irt support ofthis goal r.md to ensure, that the program meets the needs of the (I .1ity off Birernerton, the Johnstoia Group will act to %,,,cornj,rfisfi the following goals: A. Stipport t1lie, effbrt this year to civa.le this new fedeiral prograrn. B. Ensure there is some ftuldirig provided, to seed the prograr n— C. brifluence the development of the prograin once f nded to erisure ttiat the needs of the city of Brernevron are included in the foundation of the new initiative as it is built. P,,ag,e 8 of 16 a ive/A.,,tnCy_ R( mtddon Servicesl 1..... ..... .. — � _ �] �,__ � !�—. � pse — ----- Rev. 03/2018 Da In 201. 9, lobby the Adinfi.iistration. to a.d(.-)I,)t a 1)udget request in supporl, o,f the prc)grun, resulting in,prig her pro grmm,, funding aLvailable fbr cities. E fluild as relationstfillIp with the adiir ii.inistering agency J:z' Define one OT' more particular c.onumuinity project(s) that would fit into this new prograim. and secure delegation suppoift. 1."ven if the project can't be funded wid'i the initial ftlfids available, ensure it is supported. in Futur-e - and lzirgeir rounds ofAnding. 'I'll,iis new program (along with. the section. listed below) could potentially be used to help fund a n.umber of projects already identified by the City in.clu.ding: * SIR- 3 and SR 304• eapacity issues * D4eed f.br pearh'.. hour calpacity improvement on maJ or corridors city wid-L-swch as SR 304, SR. 303 and Kitsarp Way. * Potentially look at an, j][1tregrated ITS pi.'ograrn. * Street and sidewall.s.. infrastrurture South of'SR 304 tliat could serve the Slilpy-ard. * Pedef,-;trian and non .-i infia,stnicture, on. rnqior, corridors to BK- Bremerton ],.)edestTiari gates. Buildin Infrastructure and Economic nt Partners and Tools Concurrent with the new funding opportunity iderifified above, the Jolinstan, (".3roup will assist t1w City, in supporting r.n.u.11tiple effi)rts taking pla(.,,(,:1 at as federal. level that would lead. to furiding for City initiatives and pr(..pjects, Some of these include: as Designating as ]1�:�orfioiti of federal transportation girants to cities lbetween 10,000 and 50,000 in:n population sizesimilar to the miral set-aside already in. place. Supporting tl-w use of d-iie New I.Vlaticets Tax Credits -fior new commercial development in. Bremerton. 1'...00k at th.e Federal L,andAccess Program (FLAP) and potentially rn.a.ke chariges to the eligi.bility iequirements to betteir positioi.'i. Bremefton for its SR.304 proJect. * Work witl'n, the offices of Rep. Heck arid. Rep. Kihneir to support tlie Green Stormwater Infrastructure (('JS1) bills, including: * Adding green. stagy. _.:water criteria to transpoii1ation and infni.stmetur grant awards; * Providing a reftindable tax credit for private GS1 developirneint, and; * (...'reate new f6deral funding l.br culvert replacement prqjects that restore fish habitatand in.'iprove water quality. * Build partnershil-.)s with Bederal agencies (e.g. t1he Ar,my (."oq)s ofEngineers) d1lilt hai've specific fUnding authority for tnunicipal-led infrastrui-eture and redevelopment activities,, * IlPrepasing for the consideration. of the "I 'ransportation Aulliorization bill (expiring in Bp d) andsupporting effi.)rts to designate as higher, portion of fUnds to Mjunicip.md Planning Organizations (IATOs) like th.e Pi.iiget Sourid Regional Council. Suf..q.)orting tax policy to restoreand protect key taax. provisions fior the City of Bremerton including: o Preserving tax-exempt mun"Cipal borlding autflority. as Preserving the stateanwd local "'UN)me tax. deductiori. Page 9 of 16 BremerumlJohnslo u J Ee-tqLa gLslafive,/Aggpe., resentation S��ry ts .yj�. �w --iqf _J Re-%% 03/2018 o Oppose any efibrt. to prevent municipalities and states from collecting sales tax rewenue fi-orn Internet purchases fiolk:)wing t1le June 2017 I.I.S. Supreii,ne Court decision, Securin conomic Vahii.e of Mifitary Installatioriis PS .C:` doies not fix-mally recognize the i ole that military instal lations 1..)Iay in ceil.airi. n1unicipal wid regional econorni.es. As a result, these areas dOL ]lot I.Jenefit ftOM regional infrastructure and economic development supporl cornpwed to areas withprioritiZed eo.,)nornic, sectors. ".11i.en.,; is a growing ef 15ort to change this and the Johnston Group will, or witfi. the (.iry of Bremn erton to promote this result. "I"he eiildl goais to irecognize the vahx of the Pugei Sound Naval Shipyard and allow Breurlerton Cin compete, more favorably within. TISRC fbr clorripetitive infrastructure lbtuls. A.ddifioqaI_S'u ) )art Activifie.s jj_ Below is an detailed summary of likely ac.tivities that would. be perfornied for the City of Bir i.n,erton under this eingac !,ement., anid sut)sequent engagements. Devellop a Regional and Federal Governnient 1.1elations.germ da fin- the City of Brexneirtoxt -Work wit1h. the City of Bre rn.eirton to identif',y its funding needs wid �.:Yet detailed iTIfim.nation about priority projects. -R.eview City capital infi-wit.nxturc-, plans and budgel to ascej.­taini the flill range of Cityinitiatives and fe.deral. Rinding eligibility (i.e. utifity infrastructure, public safety equipment and training, transportation. master plan., etc). -Determine which (...ity projects are eligible 15or suj[-q,)ort tlirougb the existing f.I�,deral and. regional gran.t. programs, -Ascertain. which City prosects are supported by flie Washington, State f3epa.11.1merat of Transportation, t1he Washing1.35 tate IDepart ment of ( .7ommunity, Trade and. Economic ,tori � Developm.ent, Kitsap County arid otheir goverrunental entities. -.Advi„::ue fl[x, City of`113rernerton at)out which pro ects ought. to be prioritiz.ed for fiedeiral grants, directed `ederal spending via apipropriations, targeted fiedeirql.al. iii�iiifiatives (e.g. in-Frastructure proposals via budget negotiations if applicable), and auth.orlization. t)ills. QuReview the federal budget 1.!:urograms that directly f1ow through to the City of Brernerton. and, prepare an risk &9sessnunit. tbr each that. could be part ofthe fedeii,"al agenda. -Consider the impact of f,.ederal authorization. legisla tion. and what opportunities exist for municipal priorities. - Review delegation legislative priorities and. tbeir potefiaial impact,.-, both positive and. neg'ative . .... on. the City of Bretnertotil -Understally d the funding and policy ol�jectives of local l.)artners (e.g. local econ.orr-fic developtnent agen.cies, non.profits, etrta.) to seek collaborative o]r,.)porhjn.ifies. Support the City of Brt;�mertoii's Idenifified Agenda Pagle 10 of' � 6 B rein erton/Io.hP r q4lip fLedgral Legislative/AgM� I q tation,. Serviq..e..�J Rev, 03t'20 18 -Lobby the congressional delegation fx.) support ttie goals of the City oflBre-nierton. throughout the year. -Lobby for or, against fedend af.;ency decisions arid federal policies that would impact the City of Breineirton, F' nsure that all delegation Menrixrs of Congress and their staffundersland the City's objectives. -At a regional level, support pol.icy arid funding decisions that impact the City of'Brernerton g wittfin regional bodies such as the Puget Sound Regional Council. 01.Jaise wWi the City's state lobbyist inn. support ofa shared. agenda as, directe(J. *Develop, augment or deepen relationships betWellen the City and key &deral agencies with access to inErastructure and econoinic, developrnent lUnding stich as the Office of Economic Adjustment (OEA.) at tIR"' Pe"Itagon, -A, ssist the City with. findingavenues for federal and regional finiding to support its 1.-)riority and economic development objectives. 4,Work mrill'i the City to kh-rifify potential supl-jorters for its agenda and coordinate err gagerraent, allelp the C'ity create materials to highfight its project -S in ways that will dirive support arnonfiy government funding partners,, sPrepare any relevarit rnaterials for the congressional delegation to use in. seeking fi.inding for City. ob.Jectives (e.g. dral'Ung legislative Janf,:Tuage, correspondence toagencies or Congressional ColiMmittees, etc.) oMaintain an open dialogi.iie between the Cil)r and its federal delegation thre,ughout the engagement, *Assist the City with obtaining awarded finuling if necessary at a, regional and fbderal level. -Moi,iitor and respond to all congressional action that provides opportunifies for the City of Brernefton to receive funding oir policy support. -Determine legisla"Ve taet'es, Congress may utilize to enact fe(,Jeral ^.;pcndfiig bills and irnj,,)lernent a. strategy to preserve ffinds targeted for the City of Bremerlon. -Monitor the budget and appropriati0l"'S process throughout th,(.a year witb Tegular legislative updates provided to the City. *Diraft correspcmdence ft-oni City to the delegation. f6r' pro.ject and policy suppwl., -Assist, with a, cornmunity event recogniziing tlie feaderal investryient in City pro ects if qpplicable, Washington, D.C. Lolbl)ying Meefings Schedule meetings iin Washington, D.C. with (,.'.Iity representarives and C'ongressrnan Deirdl<. Kihner and, Senators Mur'ray aild CantAve'll., Movirig fbrwalird, the. City Trqy also meet with 011'Iff Mernber's of the sulte congressmirial dclegation 1,-)ased on. their committee assigrunents and geognaphic P11-OXiMity. Those Metnbexs of Congress could line hade Congresstnari Larsen., Congresswornan Det Bene, ("ongresswoman McMorris.-Rodguy ers, (.,ongresswornan Herrera Butler, Congiressinan Smith and Coi.igresF,n'i.aT.),'N4cnwl:ioi.iw,e, among others. Include the Washington, D.('_", ­based haisoin. for Grovernor Inslee as as pail, ofour Wastiington.,, 111"', meetings arid. outreach strategy. The City will also meet with other fiaderal agencies and organizations in Washin. ton, D.C. as relevant to mix federal agenda., 'I'l-i.ese agencies could include the U.S. Department of""Fransportation, the Office of thele cretary ofDef6nese, the U.S.'NaKy, the Oflice of Page t I of 16 Bretnev:on/Jf�hp,5 QiIJ L Lee! , U -s & g " --J cj�15 Ljq�,Aqjggsentadon Servi �j ........ — ------ Rev. 031,41018 Ecorlomic Adjustment, theAssociation, of [..)efensie Conuntuaities, and otber foderal ageiiacies as necessary and appropriate. 0 lldenti6, and prepaire 1p°,:ey congressional staff ft.)r appropriations requests and rneetings with City of Bi-emertonstaff and elected officials. 0 Seliedule, atteiiad and Eacilitate rneetings i n Wasilington, D.C. a Prepare City of Bremerton officials ibr clan gressional. rineetin.gs. a Follow i�p to all. ixwetirigs as appropriate 0 EnSlffe that district and Washington, D.C. based kicy staffin ea ch. delegation amain erred are aligned in suppoil. of City's goals. * Maintairii regulair corn.rnunication. w1ith key legislative staff and elected officials thiroughotit the year in support of the City"s fi.inding arid policy agenda. Iravolvemi,ent of CIty o':Bre mmarton Officials 9 Issnie ri'llonthly activity r ports to (.-'ity representatives detailing annpecific actions taken on the City's behalf. a Engage fl[ie City as necessary to contact Members of Congress and their staff as appii, opriate in stq)p ort of the f�d.err a.l agenda. a Courisel. the City about district based lobt)ying activities to fujiber, the City's legislative and 1"ederall funding lwiorities, including rneeting in Bremertonwith. iner.nbers of the federal delegation, pa xlicipatiari. in . congressional sponsored events in Washington. State aiiad tlie: creation of media or community events where tb.e City coupd hiost targeted Mernben.., of (...'ongiress. as 1..)raft correspondence as appropriate forthe City to send to Congress oripol,jlcy issues and oth.eir legislative concems. 0 Work to incitide (..fty of'Breniarton leadership in delegation. Nased policy discuissions as ttiey develop and as appn)priate% Delegation Eingagenient with the City,of"Bremertoin SOliCit f.-R.IPPOft (51. -ORI ea-ClI"enn ber ofCongrCIss that we are seeking support Erom (Le. Congresstrian Derek Kilyner, Senator Patty Nlur-ray and Senator Mwia Cantwell) fbT.' OUT Beden-al funding and policy requests. Mairl.tain yea r.-Iong direct engagernent with targeted Menbers of Conn >rewss a rae their staf.f. Prioritize a visit to the City of Bremerton. by distrid congressional staffto get a, firstbwid look at the City's pr(.Ijects and have an in. -d p th. discussion abOUt the City"s priorities. Grant Fuvii.ding Strategy ennnrall &deral grant availability announcer.nents auid infonn. the Ci ty about any possibilities f'or fbderal furids. Woirk witti the Citr y to r.n.odify the eligibility requireinerits Eor grant prograins that dont cuirli.-eritly meet City nee-d!S'. Solicit su-ppoit th,-)m Governoi Inslee, Corigressn-wan if Kilriner, Senator Patty Murtay and Seriator Maria. Canhyell for, the relevant City grwat applications. Page 12 of 16 Bremer-tonlJohnston Groi. -.—L—P - AD] J j. ,glati Re.11E.-igentation e Sx-vices f ye�y--- Rev. 03/2018 Prepare and Stippoft, Requnit enota s 14ir the City of Brvmez-ton in any Relevant Federal tnfrastructure 1,egislation -Given. that C(,m.gress rnay statt heanngs leading to tl.,i,e reatithorization of the federal transportation bill in 2020, the City inay elect to lobby dour a 1.urqject oi­ f5or prqject funding criteria fl,iat meets local requirements. -Other fbnding instr-umeras niiay irichj.de an. infrastructure stimul-as bill, an econornic developirnetit instirunlent, reauthorization. of th.e Defense Bill or otht-r unknown legislative and. tnjidget bills. *Advise the City abot,ft the (.,,r ation ofcollater-al. malerials for federalfunding requests throtigh. these federal. fimdha�.:,' in.strurrients. -Work with the City to identify potential supporters for pn-)ject reqtiests and secure ItItters of endorseii,xien.t. -Coordiriate II)TVII.al. stil)mission. offunding requefitf,-i and ensure compliance with all. deadlines. -I)etennine legislafivtactics (',,ongiress may utilize to enact these bills and implement a, strategy to preserve than ds targeted fim the 01), of Bremerton. -,Contact k.ey congressional staff tun obtain suppon for the City's federal ftuiding requests and N.,Ispond to array questions or con.cerns as appropriatt. -Assist congiiessional �taffin the, preparation, of letters of'request Lo relevant' Jouse and Senatc oversight, authorization and appropriations cornmittees and subcornmittees, -110onitor the lmdget and arutliorization process throt.igtiout the yeaT witli regular, legislative updates provided to the (_'city. TIMEIINE The f" deral and regionall, process r'equires a yeax-round effort 15or maximuni hupact. "ne time and work reqluired can chan.ge month to inonth. as decisions are made, Belowis a Inief timeline of -the rn.q.jor activities that. are likely to happen. August 201.8 � December 2011.8 * Meet with the City to map out priorities and strategy. * Collaborate with. City to review futiding oppoirtuni ties and primitiZe I.-ederal ftinding agenda for 2019. * L,ol.)t)y fix- the bighest. possible fin-iding for the DeRnase Infrastri,iiaare 11'rograirn currently under consideration in Coingress. 0 Trach the implernenitation. of this prog gram. with. an emphasis on. budiding relationships with the key agen,cy responsiilble Ibir adri-iii.ridstering tlie program. ® Potentially weigh. in on tlie regulations that will determine flow the progrmn is to be irnplernented. I I his could be in the f-.onn. of fbirnial comrnenls froin the City or a, browl. outreach effort ffom. a. regional coalition, 0 Get up to, speed on the econornic development and. inf.1-astructitre pirojects that impact flae city 's role as a host to the Naval Shipyard. a Begin to build a, relationship with. tlw. Office of Economic AdJusarnent and the Association. of I)efensIe ("olinnaunities inu pail nership with the City. Pag ge 13 of 16 Bre,rnertonAloh[istonGrogill . . ........... . jf'ederal Legislative/Agenc% 1, resematia!k-SM.i2�1 Rev. 03420 18 0 E'xplore the viability oflocal suppoil agencies and organizations that could be mol,.,41ized in support ofthe city'sagenda (sirriflar to flIe South Sound Military and Community Partnership). # Represent the city and support the city at the Puget Sound Regional Council with a specific ernphasis on creating recognized value I'br than role the inflitaxy installations play. 0 Based on the research and conversations with City, and with the support of the City staff."and elected officials, outfine a federal ,inn regional policy and fixiding agenda for 2019. 0 Present the fedeii,-al and iregk-nial agenda and reconunendations to the city cotincil if' requested. 9 'Track the FY'2019 federal budget and the impact of the 2018 November elections, on the city's developing agenda. For the Anticipated Follow, --on Engagement, Januairy — Marcli 2019 * Work with. the City to crearte supportirig matcrials for i)iroJect requests. * ldentify arid fielp irecruit pubfic 1,-)artners for each project. * Ascertain appropriations and. budget ti rnefines, other federal ffinding thnelines and authorization th-nelines. * Review reauthorized federal grant ll rograrns arid work with City to review prqject g efigibility requirements. * (Iontinue engagement strategy with all available ftinding mechanisms, * Schedt,fle, att(.eii,rd and facifitate a set of." tneetings in Washington, W"', with congression.'al delegation arid oth(;-.r D,(7. — based agencies and.orgy.,mizations to request support for City of Bremerton prqjects wid. priorities, These may incluide ineetings with the Pentagon and the Association of'Defiense (.onimi,inities, among others. * At a regional level, support. the city's agenda, with the Puget Souiad. Regional oun(.11 and. build allies in support, of prioritizing the role that defense instal lations play in the regional eo,anorny,, * OutireacA'i to distric-11 stafffor congressional offices to explain pro.jects and solicit su.j',)poIrI, * Primitize an in-dishirt rneeting with the City of Bren.,ierton and (..ongressrnan Derek Kiliner. * Finalize collateral mateirials and pivp City ol.'Brenieirtoin delegatiorA for Wasifinglon., D.C. trip. * Closely follow the implementation ofthe Defense Infi-astsucture Prograrn and prepare to support, city applications as appropHate, 10, Draft, edit, finalize and subnait all fiederal funding forms turn all rf..wIevant congressional offices fior all projects, if appropTiate to do so. Is Continue to nionitor the developtnent o lruudglet agreements, aj.:rpropliafions IAlls arid other legislative iinifiatives that would impact th,(.: development and advancernent (:)f our., agenda. * "I"rack other, policy proposals ofinterest to the,, City of Bren-werton. * Diraft corresporider[r.,& arid opinion papers as appropriate. For dw Ainficil,,sated Fodlow-oni Engagernent, April — June 2019 Page 14 of 16 Brerneirtmi/Johnstor G �Mj Lr �zg Ls �at iy -S! R -j _qo,, n�y k9jwesequition Servic s Rev. 03,12018 * Follow up to Washingtc.ni, R.C. visits. * Lot)by delegation to include our requests as a part offederal spending [.)ills. * Seek, grant oppo-mimities fo�r Gay pxpjects wid seek suppoi-t fror.n Congressional d0egation. fior all sutmitted grants,, * Monitor btidget. process and ivpoil to City of Brerneil.on. * Conth.u.je distri(,t-based nine etings with, congressional staff an.d/(,.)r schedule visits ftyr the summer. (I"ontinue to etigage at a regional level in. support of the City, Potentially schedule and. attend another set of"Tneetings in Washington, D,.C. on. behalf of' the ("'ity o`Bre rton an -td its piiroject pariners. Monitor and lobby fim° City prqjects in. any hiftastructuiv spending or Authorization bills that II.i.ave fbnding o]p)portunities f.br time City i)f Bremerton. Continue to b.-a.ck all fUnding bRU, developments and opportu,hies as appi-opriate. Continue to track,;. other ]1:)olicy prograins of interest to the City.. Draft correspondence and wliite papers as aj,)prorm-iate. For� the Anticipated Follow-on En. gagment,fuly 111)ecembei- 20.19 * Monitor and report ot.i, budget, auth.orization and appropriations t)ifls to tine; City of Brenu�.-xton. * IVI[onitor and loi)by 1.`or ("ity pTojects Ln an.y, stirnulus,, infrustructUre or authorization bills that have ffinding opportunities 15or the City of Bren.'Ierton, * (..onfinue to track all funding bills, developmentsaii:id opportunities asapprol.'niate, Continue to track other policy prograrrns of interest to the Citry� Draft cotrespondence a opinion, papers as appropnate. Conduct district lmsed tou.rs and meetings with the City. Continue, to engage at a regional level in. supf..)ort of the City. 111."otentially con.duct another round ofrneetings in.Wash inj,.gon, I ifriecessary. Page 15 of 16 Bremerton/Jo........siqn G.m.upj [Federal LeuLlati qAM!Re )re.s.. e......n.......t...a....tio.n........Serviced Rev. 03/2018 Exhibit B Fee Schedule The Johnston Group will reimbursed monthly for a fixed retainer of $3,000 from August 1, 2018 through December 31, 2018. Consultant shall bill the City monthly; invoices will include activity reports to City representatives detailing specific actions taken on the City's behalf during the previous month. This retainer includes all expenses with the exception of airfare and lodging connected to City trips to Washington, D.C. Travel expenses will be billed to City at cost and in arrears. Whenever possible, the Johnston Group will combine client travel to Washington, D.C. to further reduce costs. Page 16 of 16 Bremerton/Johnston Grou i f deral,,,Legislative,/ „end Repre,s,entation Serv„ ,c,e;� Rev. 03/2018 Ac� ® DATE (MM/DD/YYYY) �� CERTIFICATE OF LIABILITY INSURANCE 8/2812018 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 Liberty Mutual Insurance NAME: PO Box 188065 PHONE FAX Fairfield, OH 45018 QAX N . F ipt 800-962-7132 Wq .... 800-845 3666 E-MAIL COVERAGES CERTIFICATE NUMBER: 43883904 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 .... :. ... A61)L SUBR POLICY EFF POLICY EXP MMIDD LTR TYPE OF INSURANCE WVUPOLICY NUMBER MM/DDlYYYY MMIDDi(Y''YYY LIMITS ��� A I `/ COMMERCIAL GENERAL LIABILITY ✓ BK557562139 18 ✓ 1,r5f2019 EACH OCCURRENCE $ 1'.000X1 1 �� I CLAIMS -MADE C�CUR Q . DA . nn $1,000,000 PREMISES*;aE TO RFNTF, 0 ( y person), $ 15,000 PERSONAL & ADV INJURY $1,000,000 GENII 'L AAGGREGATE LIMIT APPLIES GENERAL AGGREGATE $2,000,Oj, PRO- ❑LOC ✓ P ❑ JECT PRODUCTS - COMP/OP AGG $2000000 OTHER: $ ....: .... .r ..............- .. B AUTOMOBILE LIABILITY BAA57562139 1/5/2018 1/5/2019 COMBINED ULE LIMIT ' !_(Pa accidents $1,000, ANY AUTO BODILY INJURY (Per person) $ ED SCHEDULED l BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS - HIRED NON -OWNED ' PROPERTY DAMAGE $ AUTOS ONLY ✓ AUTOS ONLY iPer accidentl 1 $ .:.......:.:.:.:...:.:.:.:.:.:.:.:.:.:.:.:.......:.:.:.-.::.:-.._.:.:.:.:.:.....:....:�,.:.:.:.....:...i.....�::::.:. UMBRELLALIAB OCCUR .._. . :........._....... EACH OCCURRENCE _ $ - EXCESS LIAB CLAIMS -MADE AGGREGATE $ I DED RETENTION$ $ A WORKERS COMPENSATION BKS57562139 1/5/2018 1/5/2019 STER ATUTE ETH AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETORIPARTNERIEXECUTIVE ❑ OFFICERIMEMBEREXCLUDED? N/A E.L. EACH ACCIDENT $1 000 ('p -^` (Mandatoin NH) Stop pE.L. St0 Ga DISEASE - EA EMPLOYEE $ j f. y"yyQQ� If yes, describe under DESCRIPTION OF OPERATIONS below L. DISEASE- POLICY LIMIT $2,000„000 ........_. _........... .........._...::_..........................................._.., ..E::......,,........................,..._.............................,�.................................m................. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The City of Bremerton, a^respects work performed by or on behalf of the Consultan(are Additioit,W(nsured if required by written contract or written agreement subject to General Liability Blanket Additional Insured Provision. Wajver^'of Subrogation applies. This Policy is Prim4a and we will not ask for contribution of the Policy issued to 16e Additional Insured. CERTIFICATE HOLDER CANCELLATION Clt Of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 34 6th Street, Suite 100, ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98337 .__�._v........_—--- .._.......... AUTHORIZED REPRESENTATIVE Lauren McCormick ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 43883904 1 18-19 Master Certificate I Lauren McCormick 1 8/28/2018 8:31:36 AM (PDTj I Page 1 of 9 OP ID: SR DATE (MMIDDIYYYY) �- CERTIFICATE OF LIABILITY INSURANCE 08/24/2018 ........ ............ ___ .... ...­................ ..._ _._....... ...........__ __.�.. 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. mm""RPORTANT: If the certificate holder is an ADDITIONAL INSURED, the mmpolic les must p y(' ) 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). ....aUe..... _.....�......... ........ ... .. ... .... .... .........�._.-...�.�ww...�..ww.___..._ww..ww...�..... PRODUCER CONTACT Sprague Israel Giles PHONE FAX 1501 Fourth Avenue, Suite 730(A/C. No, i; tt) (A/C,N4R Seattle, WA 98101-3225 EMAIL Cheryl Stroh PRoouc€R MATnAirm in R JOHNS -7 INSURER(S) AFFORDING COVERAGE NC # INSURED Johnston Group LLC INSURER A: United States Liability Ins Co 4356 Leary Way NW Suite C INSURER B Seattle, WA 98107 INSURER C P...... INSURER D: " t INSURER E: ...._ 4 � N ..., , INSURER F : v 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....... ...............-� P -O ICY EFF POLICY EXP NUMBER LTR TYPE OF INSURANCE ��1... POLICY NMMtDINRYYYY' MMlDDIYYYY„, µww LIMITS 7GENERALLIABILITY EACH OCCURRENCE $ ;FAdI w Ni h1775 COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence; $ CLAIMS -MADE F—I OCCUR MED EXP (Anyone person) $ PERSONAL& ADV INJURY $ GENERAL AGGREGATE I$ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $ PR _ POLICYN.°OI LOC 1 I $ AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT $....._._.__. (Ea accident) ANY AUTO BODILY INJURY (Per person) i $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (PER ACCIDENT) .., NON -OWNED AUTOS ...... ,,,,,, $ CLAIMS -MADE,...... .._ ........ .........� w� www...w.wwww UMBRELLA LIAB OCCUR EACH OCCURRENCE $ F—j- EXCESS LIAB AGGREGATE $ DEDUCTIBLE $ RETENTION $ ......... $ .............-..-.....,-.........,...,.._._ .._...................... ._...._. ...... ....... WORKERS COMPENSATION ORYLJAMI, �R AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F-1LNI(Mandatory In NH) E.L. DISEASE - EA EMPLOYE:, $ If yes, describe underDF' CRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ ....._... .. ........... ............ ........- ................... A PROFESSIONAL aPIS68998 08/15/2018 08/15'2019 'Ea Claim 1,00!0,0,00 LIABILITY DED: $5,00 EA CLAIM (Aggregate 2 00 000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required)__-.._-_-_-......-.-.--_...�................ ......._._---.......... ***CLAIMS MADE*** .-. .— .-.-.-. .... _........ .............. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE Ir00, © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) 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 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" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES 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 43883964 1 18-19 Master Certificate I Lauren McCormick 18/28/2018 8:31:36 AM (PDT) I Page 2 of 9 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 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 I — Coverage A — Bodily Injury And Property Damage Liability, 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: 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 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 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 43e®3904 118-19 Master Certificate I Lauren McCormick 18/28/2018 8:31:36 AM (PDT) 1 Page 3 of 9 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 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: 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 systems; 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 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 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 "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or O 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 43883904 1 1B-1.9 Master Certificate I Lauren McCormick 1 8/28/2018 8:31:36 AM (PDT) 1 Page 4 of 9 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 advertising 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 exposures; 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 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. 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 Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 43BB3904 11B-19 Master Certificate I Lauren McCormick 18/28/2018 8:31:36 AM (PDT) I Page 5 of 9 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 rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 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 issued 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 Declarations. 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 amended 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 43883904 118-19 Master Certificate I Lauren McCormick 18/28/2018 8:31:36 AM (PDT) I Page 6 of 9 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 additional 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. 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 employment 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 professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 43883904 1 18-19 Master Certificate I Lauren McCormick 1 8/28/2018 8.31:36 AM (PDT) I Page 7 of 9 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 "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 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 intoxication 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: 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. Representations: 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, sickness 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 43883904 I 3.B-19 Master Certificate I Lauren McCormick 1 8/28/2018 8:31:38 AM (PDT) I Page 8 of 9 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. Transfer 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: 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 agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 43883904 1 18-19 Master Certificate I Lauren McCormick 1 8/28/2018 8:31:36 AM (PDT) I Page 9 of 9 Executive Correspondence Routing Memo Date: 7/26/18 Description: Professional Services Agreement with Johnston Group for Federal Legislative/Agency Representation Services. Action Requested: Review and Signature Originator: Hillary Hamilton w ' U°... Coordination Approval Recommendation: 4'dde"nPublic Works Director: Reded kk--� Finance Director (if applicable): Reco City Attorney: Recommended Please return a copy to Public Works Administration, Attn: Hillary Hamilton upon approval / signature. (' q 4 Public Works & Utilities 1 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5315 * Fax (360) 473-5018 ACORU® CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/19/2018 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 certificate holder in lieu of such endorsement(s). PRODUCER Liberty Mutual Insurance NAMEACT PO Box 188065 Fairfield, OH 45018 PHONE FAX AA/c. No Ext). 800-962-7132 _ (A/c NoIL_ 800-845-3666___ �EUWIIII E-MAIL ADDRESS:—_ BusinessService Llbert)Mutual com - PERSONA_L_&_ADV INJURY $_1,000tk1U}>!' GENL AGGREGATE LIMIT APPLIES PER: INSURERS) AFFORDING COVERAGE NAIC # INSURERA: Ohio SeCurltyinsurance_ Company - _ - 24082 _ GENERAL AGGREGATE INSURED INSURER B : American Hire and Casualty Company 24066 Johnston Group LLC ! 2400 NW 80th Street Ste 191 City a bremertori, INSURERC: $ INSURER D' Seattle WA 98117 .ity Attorney's Offie7( LIABILITY ANY AUTO INSURER E : ¢ — BAA57562139 1/5/2019 1/5/2020 INSURER F, T $ 1,000, 00 COVERAGES CERTIFICATE NUMBER: 4r,Qg7426 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR �ADDL�SUBR T POLICY EFF POLICY EXP ! LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A �/_LCOMMERCIAL GENERAL LIABILITY 1 CLAIMS -MADE t. ✓ OC R Professional Liability_ ✓ ✓ i.. I BKS57562139 11 1/5/2019 1/5/2020 EACH OCCURRENCE DAMAGE TO RENTED rPREMISES (Ea occu«ence MED EXP (Any one person) $1,00 00 $1,000,000 $1.5,000 _ SII - PERSONA_L_&_ADV INJURY $_1,000tk1U}>!' GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000, 000 FIR ✓_ iI POLICY [ JECT r ]LOC I OTHER: ! - RODUCTS-COMP/OP AGG $2,000,O $ B '�r AUTOMOBILE LIABILITY ANY AUTO BAA57562139 1/5/2019 1/5/2020 COMBINED SINGLE LIMIT (Ea accidence $ 1,000, 00 I BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY `_ AUTOS ! i BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ - HIRED NON -OWNED AUTOS ONLY L-✓ J AUTOS ONLY $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADEi DED RETENTION $ EACH OCCURRENCE �_AGGREGATE________ $ $ ------- $ A WORKERS COMPENSATION ANYPROPRIETOR/PARTNER/EXECUTIVE AND EMPLOYERS' LIABILITY YIN OFFICER/MEMBEREXCLUDED?- (Mandatory in NH) i I BKS57562139 li 1!5/2019 1/5/2020 TPER I OTH- STATUTE ER_ $1,000 E.L.EACH ACCIDENT E.L.DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below i_--- -- -- E.L. DISEASE -POLICY LIMIT $2,000,000 � ��,, III III X11 Ili/ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) The City of Bremerton, as respects work perform d by behalf of the Consultan are 6061tional Insured if required by written contract or written agreement subject to neral Liability Blanket Ad al Insured Provision. Waiver o rogation applies. This Policy is R,i,nKand we will not ask for contribution of the Policy issued to the Additional Insured. CERTIFICATE HOLDER CANCELLATION Clt of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 345 6th Street, Suite 100, ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton WA 98337 AUTHORIZED REPRESENTATIVE Marilyn Rogers ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 45997426 1 19-20 Matter Certifica Le I Marilyn Rogers 1 12/19/2018 9:03:08 AM (ERI) I Page 1 of 9 9 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 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 PE VW3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENtSIp� 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 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 OTH S TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YO © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 8 0 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 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 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: (1) 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 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: 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 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 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 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 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 11 - 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. © 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/13/2021 Liberty Mutual Insurance PO Box 188065 Fairfield, OH 45018 800-962-7132 800-845-3666 Ohio Security Insurance Company 24082 American Fire and Casualty Company 24066 A 1,000,000BKS575621391/5/2021 1/5/2022 1,000,000 3 15,000 3 1,000,000 2,000,000 2,000,000 B BAA57562139 1/5/2021 1/5/2022 1,000,000 3 A BKS57562139 1/5/2021 1/5/2022 1,000,000 1,000,000Stop Gap 2,000,000 Darin Haller BusinessService@LibertyMutual.com 3 Johnston Group LLC 2400 NW 80th Street Ste191 Seattle WA 98117 59687662 3 3 agreement subject to General Liability Blanket Additional Insured Provision. Waiver of Subrogation applies. This Policy is Primary and we will not ask City of Bremerton 345 6th Street, Suite 100, Bremerton WA 98337 The City of Bremerton, as respects work performed by or on behalf of the Consultant, are Additional Insured if required by written contract or written for contribution of the Policy issued to the Additional Insured. 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 1 of 9 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 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” 6 WHO IS AN INSURED – INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED – FELLOW EMPLOYEE EXTENSION – MANAGEMENT EMPLOYEES 6 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 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 2 of 9 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 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 I – Coverage A – Bodily Injury And Property Damage Liability, 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 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 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 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 3 of 9 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 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: a. Any one premise: (1) W hile rented to you; or (2) W hile 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 systems; 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 “personal 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 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 4 of 9 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 advertising 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 exposures; 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 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. 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 Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 5 of 9 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 rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 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 issued 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 Declarations. 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 amended 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 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 6 of 9 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 additional 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 employment 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 professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 7 of 9 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 “employees” of yours. However, none of these “employees” are insureds for “bodily injury” or “personal and 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 intoxication 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. Representations: 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, sickness 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 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 8 of 9 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. Transfer 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 agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 59687662 | 21-22 GL AU WC | Darin Haller | 1/13/2021 3:04:43 PM (EST) | Page 9 of 9 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 1/6/2020 Liberty Mutual Insurance PO Box 188065 Fairfield, OH 45018 800-962-7132 800-845-3666 Ohio Security Insurance Company 24082 American Fire and Casualty Company 24066 A 1,000,000BKS575621391/5/2020 1/5/2021 1,000,000 3 15,000 3 1,000,000 2,000,000 2,000,000 B BAA57562139 1/5/2020 1/5/2021 1,000,000 3 Lana Ficke BusinessService@LibertyMutual.com 3 Johnston Group LLC 2400 NW 80th Street Ste191 Seattle WA 98117 53428592 3 3 agreement subject to General Liability Blanket Additional Insured Provision. Waiver of Subrogation applies. City of Bremerton 345 6th Street, Suite 100, Bremerton WA 98337 The City of Bremerton, as respects work performed by or on behalf of the Consultant, are Additional Insured if required by written contract or written This Policy is Primary and we will not ask for contribution of the Policy issued to the Additional Insured. 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 1 of 9 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 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” 6 WHO IS AN INSURED – INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED – FELLOW EMPLOYEE EXTENSION – MANAGEMENT EMPLOYEES 6 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 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 2 of 9 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 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 I – Coverage A – Bodily Injury And Property Damage Liability, 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 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 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 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 3 of 9 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 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: a. Any one premise: (1) W hile rented to you; or (2) W hile 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 systems; 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 “personal 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 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 4 of 9 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 advertising 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 exposures; 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 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. 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 Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 5 of 9 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 rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 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 issued 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 Declarations. 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 amended 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 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 6 of 9 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 additional 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 employment 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 professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 7 of 9 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 “employees” of yours. However, none of these “employees” are insureds for “bodily injury” or “personal and 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 intoxication 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. Representations: 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, sickness 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 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 8 of 9 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. Transfer 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 agreement. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 53428592 | 20-21 Master Certificate | Lana Ficke | 1/6/2020 2:58:05 PM (EST) | Page 9 of 9