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HomeMy WebLinkAbout4612AGENDA BILL CITY OF BREMERTON5PCITYCOUNCIL SUBJECT: Study Session Date: December 11, 2019 Consent Agreement to Sublease Site at COUNCIL MEETING Date: December 18, 2019 Alexander Lake South between American Department: Public Works Tower and Google LLC Presenter: Melinda Monroe Phone: 360-473-5306 SUMMARY: The City of Bremerton has a long-term land lease agreement with American Tower for the land commonly known as site 310495 Alexander Lake South. Section 10.D of this agreement includes a rent sharing of 50% for the City of Bremerton on any sublease agreements that American Tower enters. American Tower would like to sublease space on their Tower to Google LLC for the amount of$1100 monthly with a 3% annual increase for an initial term of 5 years with three, 5-year renewal periods. As this arrangement is beneficial to all parties, the City would like to consent to this agreement. ATTACHMENTS: 1) Consent Agreement; 2) Sublease between American Tower and Google LLC; 3) Original American Tower lease number 4612 FISCAL IMPACTS (Include Budgeted Amount): Sublease split with American Tower results in annual revenue of an additional $6,600 with a 20-year Gross Rent Potential of$135,831. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: ® Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to approve the consent agreement for the communication site on parcel 292401-2-002-2008 with American Tower authorizing the sublease of Tower space to Google LLC; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: pprove Deny Table Continue No Action Form Updated 01/02/2018 AMERICAN TOWER" C 0 B P O A A 1 f O N September 24, 2019 City of Bremerton Wash 345 6th Street Suite 100 Bremerton, WA 98337 REQUEST FOR CONSENT TO SUBLEASE* SITE NUMBER SITE NAME PROJECT NUM. CUSTOMER** 310495 Bremerton-City 3 OAA749036 GOOGLE LLC SITE ADDRESS GROUND AGREEMENT BREMERTON,Washington 98312-3202 Telecommunications Facilities Lease Agreement 4780 W. Belfair Valley Rd. dated October 13, 2006 *the transaction contemplated may be a sublease, sub-sublease, license, or other form of conveyance whereby GOOGLE LLC is entering into an agreement to use this site. **any reference to GOOGLE LLC includes one or more of its related entities. Dear Landlord: We are writing to request your consent to a proposed sublease to GOOGLE LLC at this site. Since GOOGLE LLC will be a new customer at the site,we are required to get your written consent to this sublease per the ground agreement. As wireless coverage demands continue to change, providers routinely expand their networks by placing equipment on new towers. Below are a few answers to frequently asked questions we receive from landlords on this type of project: • All work will take place within the existing compound and on the existing tower. • The overall appearance of the tower will remain similar. • The addition of GOOGLE LLC's equipment at a different height than existing carrier(s)' equipment will not change the overall height of the tower. • The obligations and responsibilities of American Tower under the ground agreement are still in full force and effect. • You may receive revenue share pursuant to the ground lease as a result of this sublease. If you could please consent to this sublease by signing this letter below and returning it to my attention, either by mail or email, I would appreciate it. American Tower values our relationship with you so if there are any questions please do not hesitate to contact me directly. Thank you for your time. Sincerely, George Hamel Project Manager-Land Management American Tower Corporation 10 Presidential Way Woburn, MA 01801 (781)428-7290 george.hamel@americantower.com 10 Presidential Way•Woburn,MA 01801•781.926.4500 Office•781.926.4545 Fax•www.americantower.com CONSENT I consent to the proposed sublease*to GOOGLE LLC at the site referenced above. Signature: ,All‘t• •A).1.0-4.--62% Print Name: Gr Wheeler Title:_Mayor Date: 11 917-n t 9 REQUEST FOR CONSENT TO SUBLEASE Bremerton-City 3/310495 ATC Project OAA749036 GOOGLE LLC collocation Page 2 of 2 1 I V ��������-���- � AMERICAN TOWER� C O R P O R A T I O N � Via Certified Mail Return Receipt Requested RECEIVED Article#7012 0470 0000 3899 7050 �UL 2 9 2016 July 25, 2016 CITY CLERK City of Bremerton, WA Financial Services 345 6�'St, Suite 600 Bremerton, WA 98337 Re: Telecommunications Facilities Lease Agreement between American Tower Asset, LLC, as successor in interest to Tower Asset Sub, LLC, and City of Bremerton, dated October 13, 2006(as amended,modified and/or assigned from time to time,collectively,the"Lease") American Tower Site#310495; Site Name: Bremerton/City 3 Dear Valued Landlord: Pursuant to the terms of the Lease, we are pleased to notify you that American Tower Asset Sub, LLC hereby exercises its right to renew or extend the original or existing renewal, as the case may be, term of the Lease. Please note that our contact information and notice address under the Lease are as follows: For correspondence and notices: AMERICAN TOWER ATTN: LAND MANAGEMENT 10 PRESIDENTIAL WAY WOBURN, MA 01801 Email: Landlord.Relations@americantower.com Phone: 1.866.586.9377(select Option 4) Fax: 1.781.926.4555 We look forward to our continued relationship and we thank you for your past and current cooperation. Sincerely, Shawn Lanier Vice President,Legal 10 Presidential Way • Woburn,MA 01801 • 781.926.4500 Office • 781.926.4545 Fax • www.americantower.com Contract Number~ Vendor~ Subject~ Department~ File Class~ Begin Date~ End Date~ Review Date: Vault Date~ Comments~ 4612 TOWER ASSET SUB LLC Telecommunication Site - Alexander Lake PW Admin LEG 16-3 11/01/2006 10/31/2011 07/01/2011 CPI Two additional 5 year renewal terms 60-120 days notification required r; TELECOMMUNICATIONS FACILITIES LEASE AGREEMENT THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the State of Washington, as Lessor (hereinafter referred to as "City") and Tower Asset Sub, LLC, a Delaware limited liability company (hereinafter referred to as "lessee") as of this J.~ ) day of ~ ,2006( WIT N E SSE T H: 1. ~MISES. The City leases to the Lessee real property located at Clt~ ~ for housing, installing, constructing, operating and maintaining certain telecommunications facilities, legally described and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations, terms and conditions specified in this Telecommunications Facilities Lease Agreement (hereinafter referred to as "Lease"). 2. DEFINITIONS. For the purpose of this Lease, and the interpretation and enforcement thereof, the following words and phrases shall have the following meanings: "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, trustees and receivers; "Public street" means any highway, street, alley or other public right of way for motor vehicle travel under the jurisdiction and control of the City which has been acquired, established, dedicated or devoted to highway purposes, including forest access roads; "Public way" means and includes all public streets and utility easements, as those terms are defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title, interest or authority to grant a permit or lease to occupy and use such streets and easements for telecommunications facilities; "Telecommunications carrier" means and includes every person that directly or indirectly owns, controls, operates or manages plant, equipment or property within the City, used or to be used for the purpose of offering telecommunications service; "Telecommunications facilities" means the plant, equipment and property, including but not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment LEASE AGREEMENT - 1 ~ storage structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house or offer telecommunications services; "Telecommunications provider" means and includes every person who provides telecommunications services over telecommunications facilities without any ownership or management control of the facilities; "Telecommunications service" means the providing or offering for rent, sale or lease, or in exchange for other value received, of the transmittal of voice, data, image, graphic and video programming information between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission medium. "Utility easement" means any easement owned by the City and acquired, established, dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities. 3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises for the purpose of transmission and reception of telecommunication and signals in any and all frequencies using real property and telecommunications facilities approved in Schedule A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining to the operation of a communications facility. Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, as described in Schedule A after obtaining required permits and as approved by City on the Site Plan. City shall provide Lessee access to the Premises at all times reasonable to service the Premises and the telecommunication facilities at all times during this Lease. Lessee agrees to provide the City with a schedule outlining the frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.) Lessee shall provide the City with a list of all authorized individuals who will have access to the Premises. Notification of changes to the list shall be provided to the City within 24 hours by telephone or fax from the point of contact identified in Section 41 (G), which notice shall be followed by written notification pursuant to Section 41 (G). Lessee shall be responsible for conducting appropriate background checks of all of their employees. Employees visiting the Premises shall be clearly identifiable as employees of the Lessee either by uniform identification badge or marked company vehicle. LEASE AGREEMENT - 2 4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other persons for telecommunications or any other purpose. 5. TERM OF LEASE. This Lease shall be valid for a term of five year(s) commencmg "71 (!11'--" I; ;;LOt) rp and terminating ()c;:t- 3)/ .::2 all . 6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the City property, but shall be deemed the right only to use and occupy the City property for the limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of title. 7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the City may enter into leases with other tenants for their equipment and telecommunications facilities for the purposes of transmitting and receiving telecommunication signals from City property. The City, however, is not in any way responsible or liable for any interference with Lessee's use of the City property which may be caused by the use and operation of any other tenant's equipment, even if caused by new technology. In the event that any other tenant's activities interfere with the Lessee's use ofthe City property, and such use or operation was not in existence on the date of execution of this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon written request by Lessee, cause such interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the interference problem cannot be cured, this Lease may be terminated by the City pursuant to Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of and work towards the resolution of any electronic interference problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to City-owned facilities or surrounding residences at Lessee's own expense and without installation of extra filters on City- owned equipment. Lessee further agrees to accept such interference as may be received from City operated telecommunications or other City facilities located upon the City property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section 10.8. 8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings, landscaping and all other improvements, except the telecommunications facility, shall become the property of the City upon expiration or termination of the Lease. In the event that the City requires removal of such improvements after termination of the Lease, such removal shall be accomplished at the sole expense of the Lessee and completed within 30 days after receiving notice from the City requiring removal of the improvements. Additional time may be granted upon the discretion of the City which approval shall not be unreasonably withheld. In the event that telecommunications facilities or other equipment are left upon City property after expiration or termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30 days written notice from the City, be removed and stored at the expense of Lessee. Stored LEASE AGREEMENT - 3 telecommunications facilities that are not claimed by the Lessee within six (6) months from termination of the Lease shall become the property of the City. 9. CANCELLA TION OF LEASE BY LESSEE. A. All Leases are contingent upon the Lessee obtaining all necessary permits, approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to restore City property to original condition if cancellation is requested, reasonable wear and tear excepted. B. In the event that the holder of a Lease determines that the City property is unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days written notice to the City. However, no prepaid rent shall be refundable; except in the event any changes occur with respect to the City's use of the property subsequent to the effective date of this Lease (including but not limited to additional Lessees as permitted by the City) and such changes result in the property becoming unsuitable for Lessee's intended purpose. 10. COMPENSATION TO THE CITY. A. This Lease is subject to the City's right, which is expressly reserved, to annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee; starting on the Commencement Date and on the first day of each month thereafter during the term of the Lease, Lessee shall pay rent at a rate of One Thousand Two Hundred and Noll 00 Dollars ($1,200.00) per month, prorated for any partial months. Substantial expansion of the initial configuration contained in Schedule A will result in review and possible re-negotiation of the rental rate contained herein. At the beginning of each successive year thereafter, the monthly rent shall automatically be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as published by the Bureau of Labor Statistics for the last month for which statistics are posted prior to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual rent increase by more than five (5) percent per year above the annual rent for the preceding year. Any payments received after the due date shall include a late payment penalty of2% of the annual rental fee for each day or part thereof past the due date. B. Additional Consideration. City shall be allowed, at City's sole expense, to attach City's communication antennas to Lessee's telecommunications tower provided City first obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably withheld. Lessee's approval for said attachments shall be contingent upon determining whether Lessee's tower is properly engineered to accommodate City's antenna LEASE AGREEMENT - 4 system and such transmission shall not result in any impairment or diminution in the quality of Lessee's service. Further, said approval shall be given only after Lessee has reviewed and approved City's engineering plans for said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed contractors and in accordance with Lessee's directives for the method of installment and with permits issued by all applicable governmental authorities having jurisdiction which shall first be obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future system requirements, provided such relocation shall provide equivalent quality of service after such relocation. c. Rent Adjustment. On the fourth annual anniversary date of the Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in accordance with the following procedure: If the City chooses to adjust the rent, the Rent for the remainder of the Lease term commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair Market Rental Value" shall be the rental rate that comparable space for a wireless telecommunications facility (in terms of quality of location for a similar facility in a similar location) would command on the open market at the time of Rent Adjustment Date. Such amount shall be determined jointly by the City and Lessee through good faith negotiations. If the City determines that a rent adjustment is warranted, it shall so notifY Lessee in writing no earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed rent amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed rent adjustment. Failure by the City and Lessee to agree to a rent adjustment is grounds for termination of the lease. D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee rent for co-location on Lessee's tower. 11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new lease application and Lease shall be required of any telecommunications carrier or other entity that desires to expand, modify, or relocate its telecommunications facilities or other equipment located upon City property. If ordered by the City to locate or relocate its telecommunications facilities or other equipment on the City property, the City shall grant a lease amendment without further application. LEASE AGREEMENT - 5 12. RENEWAL APPLICATION. Lessee shall have the right and option to renew this lease for two (2) additional five (5) year renewal terms. If Lessee desires to renew its Lease under this Article it shall, not more than one hundred twenty (120) days nor less than sixty (60) days before expiration of the current Lease, notify the City of its intent to renew the Lease. Upon receiving such notification the city may request the following information if necessary: A. Any additional information required based upon elements of the current Lease agreement between the City and the Lessee; and B. All deposits or charges required pursuant to City ordinances. The City reserves the right to extend the review period for the renewal application if additional information is required. Should all parties not agree to renewal terms, the current lease may be extended on a month-to-month basis at the sole discretion of the City. 13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by the City. 14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially expand the initial configuration contained in Schedule A, Lessee will submit a new application. 15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public and it agrees to comply with all applicable general laws enacted by the City pursuant to such power. 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or maintain its telecommunications facilities so as to unreasonably interfere with the use of the public ways by the City, by the general public or by other persons authorized to use or be present in or upon the public ways. All such facilities which interfere with public ways shall be moved by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and Utilities Director. 17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or emergency, the Lessee may commence such repair and emergency response work as required under the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible, before such repair or emergency work commences or as soon thereafter as possible if advance notice is not practicable. LEASE AGREEMENT - 6 18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its facilities in good and safe condition and in a manner that complies with all applicable federal, state and local requirements. Lessee shall not permit waste, damage, or injury to the premises including any City property, public ways of the City, other ways or other property, whether publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any time during the term of this Lease to ensure compliance with the terms and conditions herein; Provided, however, Lessee has the right to be present at all inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee at least 24 hours prior notice of such intent. 19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as current signage on telecommunication facilities identifYing Lessee, address and a 24 hour phone number. Signage shall be posted and clearly visible at all times. 20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred eighty (180) days following written notice from the City, the Lessee shall, at its own expense, temporarily or permanently remove, relocate, change or alter the position of any telecommunications facilities within the public ways or upon City property whenever the City Public Works & Utilities Director shall have determined that such removal, relocation, change or alteration is reasonable necessary for: A. The construction, repair, maintenance or installation of any City or other public improvement in or upon the public ways; and B. The operations of the City or other governmental entity in or upon the public ways. Additional time for removal or relocation may be granted at the discretion of the City which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City. 21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days following written notice from the City, Lessee or any person who owns, controls or maintains on behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances within the public ways or real property of the City shall, at its own expense, remove such facilities or appurtenances from the public ways or property of the City. A telecommunications system or facility is unauthorized and subject to removal in the following circumstances: LEASE AGREEMENT - 7 A. Upon expiration or termination of the Lessee's Lease without approved extension or renewal; B. Upon abandonment of a facility within the public ways or real property of the City. Any property of a Lessee shall be deemed abandoned ifleft in place 30 days after expiration or termination of the Lease; C. If the system or facility was constructed or installed without the prior grant of a Lease; D. If the system or facility was constructed or installed without the prior issuance of a required City permits; and E. If the system or facility was constructed or installed at a location not permitted by the Lease. Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such persons who may own, control, or maintain telecommunications facilities within the public ways or property of the City to abandon such facilities in place. No facilities of any type may be abandoned in place without the express written consent of the City. Any plan for abandonment or removal of a Lessee's facilities must be first approved by the Public Works and Utilities Director, and all necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of the property of such persons in place, the property shall become that of the City, and such persons shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to the City the ownership of such property in which event, Lessee shall have no further obligations or liability with respect to such property or facilities. The provisions of this Section shall survive the expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal. 22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City retains the right and privilege to cut or move any telecommunications facilities located within the public ways of the City and upon City property, as the City may determine to be necessary, appropriate or useful in response to any public health or safety emergency. The City shall not be liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any person or entity of any type as a direct or indirect result of the City's actions under this Section. 23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be liable for any damage to or loss of any telecommunications facility upon City property or LEASE AGREEMENT - 8 within the public ways of the City as a result of or in connection with any public works, public improvements, construction, excavation, grading, filling, or work of any kind on such City property or within the public ways by or on behalf of the City. 24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY PROPERTY. A. When the Lessee, or any person acting on its behalf, does any work in or affecting any public ways, other ways or City property, or when Lessee, or any person acting on its behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly remove any obstructions therefrom and restore such ways or property to City construction standards as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall obtain all requisite permits for such work. B. Ifweather or other conditions do not permit the complete restoration required by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. C. The Lessee or other person acting in its behalf shall use suitable barricades, flags, flagmen, lights, flares and other measures as required for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of such work in or affecting such ways or property. D. The Public Works and Utilities Director shall be responsible for inspection and final approval of the condition of the public ways, other ways, and City property following any construction and restoration activities therein. Further, the provisions of this Section shall survive the expiration, revocation, or termination of this Lease. 25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps accurately reflecting the horizontal and vertical location and configuration of all of its telecommunications facilities within the public ways and upon City property. The Lessee shall provide the City with updated maps upon request by the City. 26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents, maintained by the Lessee with respect to its telecommunications facilities within the public ways and upon City property shall be made available for inspection by the City at reasonable times and intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this Section be construed to require the Lessee to disclose proprietary or confidential information without adequate safeguards for its confidential or proprietary nature. LEASE AGREEMENT - 9 27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with prior City approval, to sublet the premises consistent with this Lease; provided: A. The Lessee shall furnish the City with a copy of any such proposed lease or agreement between the Lessee and its sub-lessee; B. The sub-lessee has complied, to the extent applicable, with the requirements contained in this Lease; C. The Lessee owns and/or controls the tower facility located on City property; D. The City and Lessee shall agree upon additional rental fee for sub-lessee hook-ups pursuant to Section 10.D. The City encourages co-location on existing telecommunications facilities and to that end will not unreasonably withhold any approvals required by the City. 28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall cooperate with Lessee in obtaining utility service. 29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be responsible for paying real or personal property, excise leasehold, business and occupation, and/or other taxes or licenses which may in the future be assessed as a direct result of the Lessee's operations at the telecommunications facilities described herein. 30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the following liability insurance policies insuring both the Lessee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to the Lessee: A. Comprehensive general liability insurance, written on an occurrence basis, with limits not less than: (1) $2,000,000.00 for bodily injury or death to each person; (2) $2,000,000.00 for property damage resulting from anyone accident; and LEASE AGREEMENT - 10 (3) $2,000,000.00 for all other types ofliability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $2,000,000.00 for each person and $2,000,000.00 for each accident; C. Worker's compensation within statutory limits and employer's liability insurance with limits of not less than $1,000,000.00; D. Comprehensive form premises-operations, explosions and collapse hazard, underground hazard and products completed hazard with limits of not less than $2,000,000.00; E. The liability insurance policies required by this Section shall be maintained by the Lessee throughout the term of the Lease, and such other period of time during which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its telecommunications facilities. The Lessee shall provide an insurance certificate, together with an endorsement designating the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the commencement of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured retentions must be declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers. Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A. above; F. Within thirty (30) days after receipt by the City of said notice, and in no event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain and furnish to the City replacement insurance policies meeting the requirements of this Section. 31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the City and hereby agrees to defend, indemnifY, and hold harmless the City, its appointed and elected officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, and including claims by the Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of the Lessee, its agents, employees, representatives or assigns. This provision shall be inapplicable to the extent LEASE AGREEMENT - 11 such damage or injury is judicially found to be caused by the sole negligence of the City. This provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated by the parties. Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of- way, easements, and property from activities conducted by the City, its officers, employees, agents, and volunteers. The Lessee releases and waives any and all claims against the City, its officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the extent any such damage or destruction is caused by the willful and malicious action of the City, its officers, employees, agents, or volunteers. 32. CONSTRUCTION AND COMPLETION BOND. A performance bond written by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing the Lessee's telecommunications facilities within the public ways of the City or upon City property shall be deposited in the event construction is commenced. A. Except as provided below, the construction bond shall remain in force until 60 days after substantial completion of the work, as determined by the City, including restoration of public ways and other property affected by the construction. B. The construction bond shall guarantee, to the satisfaction of the City: (1) Timely completion of construction; (2) Construction in compliance with applicable plans, permits, technical codes, and standards; (3) Proper location of the facilities as approved by the City; (4) Restoration ofthe public ways and other public or private property disrupted, damaged, or otherwise affected by the construction. The construction bond shall warrant said restoration work for a period of 1 year; (5) The submission of 'as-built' drawings after completion of the work as required by this Chapter; and (6) Timely payment and satisfaction of all claims, demands or liens for labor, material or services provided in connection with the work. 33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, LEASE AGREEMENT - 12 merger, consolidation or other act of the Lessee, by operation oflaw or otherwise, without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed, except as expressed by ordinance and then only on such reasonable conditions as may be prescribed therein. A. No Lease shall be assigned or transferred in any manner within twelve (12) months after the initial grant of the Lease, unless otherwise provided. B. Absent extraordinary and unforeseeable circumstances, system or integral part of a system shall be assigned or transferred before construction of the telecommunications facility has been completed. C. The Lessee and the proposed assignee or transferee of the system shall provide and certify the following information to the City not less than sixty (60) days prior to the proposed date of transfer: (1) Complete information setting forth the nature, terms and condition of the proposed transfer or assignment; (2) All information required of a lease applicant with respect to the proposed transferee or assignee; and (3) An application fee. D. No transfer shall be approved unless the assignee or transferee has the legal, technical, financial, and other requisite qualifications to own, hold and operate the telecommunications facility pursuant to this Lease. E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City for all direct and indirect costs and expenses reasonably incurred by the City in considering a request to transfer or assign this Lease. No approval shall be deemed approved until all such costs and expenses have been paid. F. Any transfer or assignment of the lease, system, or integral part of a system without prior written approval of the City under this Section or pursuant to the Lease shall be void and is cause for revocation of the lease. G. Lessee shall make no assignment or transfer of this Agreement without obtaining the written consent of Lessor, which consent shall not be unreasonably withheld. 34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions which singularly or collectively result in a change of 50% or more of the ownership or working LEASE AGREEMENT - 13 control of the Lessee, of the ownership or working control of the telecommunications facility, of the ownership or working control of affiliated entities having ownership or working control of the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated entities are not exempt from City approval. The Lessee shall promptly notifY the City prior to any proposed change in, or transfer of, or acquisition by any other party of control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its consent and such change, transfer or acquisition of control has been effected, the City may cancel the Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling, controlled by, or under common control with the Lessee. 35. REVOCA TION OR TERMINATION OF LEASE. The Lease granted by the City to use or occupy public ways of the City or City property may be terminated for the following reasons: A. Lessee's construction or operation in the City or in the public ways of the City or upon City property without proper City authorization; B. Lessee's construction or operation at an unauthorized location; C. Unauthorized substantial transfer of control of the Lessee; D. Unauthorized assignment of Lease; E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a substantial interest therein; F. Misrepresentation by or on behalf of the Lessee in any application or written statement upon which the City relies in making the decision to grant, review or amend said Lease; G. Abandonment of telecommunications facilities in the public ways or upon City property; H. Failure to relocate or remove facilities as required in this Lease; I. Failure to pay taxes, compensation, fees or costs when and as due the City; J. Insolvency or bankruptcy of the Lessee; LEASE AGREEMENT - 14 K. Failure to construct or operate in accordance with approved permits; and L. Violation of any material provision or term of this lease. 36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent violation, default or non-compliance, providing a short and concise statement of the nature and general facts of the violation, default or non-compliance, and providing the Lessee a reasonable period of time not exceeding 90 days to cure the violation. 37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City Council determines that a Lessee willfully violated or failed to comply with any of the provisions of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by the City by reason of the Lessee's failure to comply. 38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least 24 hours prior to entering private property or streets or public easements adjacent to or on such private property to perform permitted new construction or reconstruction, a notice indicating the nature and location of the work to be performed shall be physically posted, at no expense to the City, upon the affected property by the Lessee. A door hanger may be used to comply with the notice and posting requirements of this Section. The Lessee shall make a good faith effort to comply with the property owner/resident's preferences, if any, on location or placement of underground installations (excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon the property or premises of another. 39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal, state, and local safety requirements shall, at all times, employ ordinary care and shall install and maintain and use commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at all times be kept and maintained in a safe, suitable condition, and in good order and repair. The City reserves the general right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe condition. If a violation of the National Electrical Safety Code or other applicable regulation is found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the LEASE AGREEMENT - 15 repairs are not made within the established time frame, the City may make the repairs itself or have them made and collect all reasonable costs thereof from the Lessee. 40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City as a result of work done by or on behalf of user and shall indemnify and hold the City harmless against any and all expenses, including reasonable attorney's fees and court costs in connection with any such lien. 41. MISCELLANEOUS. A. This agreement shall be governed by the laws of the State of Washington. B. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. C. Each party agrees to furnish the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. D. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to said Lease must be in writing and executed by both parties. E. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker. F. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. G. Any notice or demand required to be given herein shall be made by certified or registered mail, return receipt requested, to the address of the respective parties set forth below: LESSOR: City of Bremerton Attn: Public Works & Utilities Administrative Manager 3027 Olyrnpus Drive Bremerton, W A 98310-4799 LESSEE: AMffLlc...p<.rJ 7owu.. Attn: LAf'JD MAN"'~E.N-r ) 0 ffJ..€SIDf-N..,'ltL W~'f -WQ80l..rJ / MA 0 jg-o/ (;( : AAetl.JCArJ -r owu... Ht, J4"N;I~t1l""" Iwr.. Easbv I MA O"Z.JI (, Prr-r '" : !..t.IrAL. The individuals identified in this paragraph shall be the specific point of contact for each party regarding all topics. Any change to this point of contact shall be delivered to the other party in LEASE AGREEMENT - 16 writing by certified or registered mail, return receipt requested. All payments will be sent to the above address. 42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 - October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest land activities and provides daily IFPLs vial telephone and the internet. 43. NONDISCRIMINATION. Lessee shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. LESSEE Date: if ~1 hb / I By: Its: Date: /0 -I a - tM, C!!:~ CARY BOZEMAN, Mayor ------- TO FORM: ~~ BOYICH, City Attorney / / / / LEASE AGREEMENT - 17 State of ./lIJ C(fJ ) County of .A1,\lj/~)O ~ ss. On this ,;:2J~ of ~ urr , 20 &J t , personally appeared r- ~.rf;1"1 f}. H)ryot.. to m own to be the f).'MdtJt;- C".,J Af,,1drttfe"'..-t -r7,uv1"'r ~~k- (.. L-e- , a ~(a~ _ l"'/.- c.- corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. In witn'"tiimh6AlWf I have hereunto set my hand and affixed my official seal the day and ~~'" ~7.;AA.-;:"'I'1. year first iPSu ~~'~u. ~ "'~ #' ..... ......... "'I.: ~ # ~ T....~<<":I\()N EXPII/;.. "1,A. ~ i L~"~~ '~t. 2011 JIr ...~" \ :~. ~ . ~ - ex: .~ · - ,. e..a;; . = ice.: : = -_.~ .,,~ ~, .. .. :::t ~ ~ .. . . ;:: "J.: .. n\. ~..~. . ~ ~L .......... ..# r,~ AIrYc-" ".,.., .*, """ . VVI'A"(\~. ~\\~ S tate of W as~f<<~~,""~~ -~~ ----- Notary Public in and for the State of /I14s:/ Residing at k0?b,,~ ~ . My commission expires: I f1 /J-I>I/ County of Kitsap ) ) ) ss. On this J.3::t/Oday of ~ ' 20[UJ::L_, personally appeared Cary Bozeman to me known to be the Mayor 0 he City of Bremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In witness ,W.DQ)lIoof,] have hereunto set my hand and affixed my official seal the day and ",\ )[L L L III year first ab~~~~t't:eD" "'.7.~~'",,, f v." ~OTARJ-:::.l:%. ... . . .. - . ~ ~ :MAY15,2010: ~ :(/): .~.: ~.....\ . " - %"Y/-"" PUBLIC .:~q.~ "',-1' ~ ... .. 0:,~ " 0 ...... \~" ','" Su.", '1, I" W~ ~',\' RECEIVED Fa ''PIlU1N(9~\\ STaN, City Clerk R:\LEGAL\Co tracts\FORMS\Telecommunication Facilities Lease.fonn.doc LEASE AGREEMENT - 18 EXHIBIT 'A' DESCRIPTION: THE NORTHWEST QU.~qTER k~D TH~ SOGihwEST QUARTER k~D THE WEST P~F OF THE NORTHEAST QOAqTE: h~D WEST P~F OF THE NORTHWEST QO&qTER OF TtiE SOUTHEAST QUFRTER OF SECTION 29, TOw~TSHI? 2, NORTH, RANGE 1 EAST, W. M ., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE FOLLOWING: THAT PORTION OF THE NORThl~EST QUARTER OF THE SOUTHEAST QOAqTER, SECTION 29, TOwrlSHIP 24 NORTH, RfuVGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 396 FEET EAST h~D 15 FEET NORTH OF THE SODTmlEST CORNER 02 SAID NORTnwEST QUARTER OF THE SOG1HE.~T QUPRTER; THENCE EAST ALONG A LINE PAR~LEL TO AND DISTk~T 15 FEET NORTH OF THE SOUTH LINE OF SAID NORTh~EST QU&qTER OF THE SOUTHEAST QOA~TEr TO THE EAST LINE OF THE SOUTH P_~F OF THE SOUThwEST QQ~qTER OF THE NORTW~EST QUAqTER 0: THE SOGiHE.~T QU.~TER OF SAID SECTION 29; THENCE NORTH ALONG SAID EAST LINE TO THE NORTHEAST CO~~ER OF SAID SOuiE R~F OF THE SOUTill~EST QU~RTER OF TEE NORTWNEST QOARTER 0= THE SOulHEAST QUARTER; rnENCE WEST ALONG THE NORTH LINE THEREOF TO A POINT 396 FEET R~~T OF THE NORTHWEST CO~~ER OF SAID SOUTH P~F OF THE SOOT~~EST QUPRTER OF THE NORTh~EST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH ON A ST~~IGhl LINE TO THE POINT OF BEGINNING. '<\~'\'1~1-'- l"_:'''' -..' f "...., ; t .~_7_~-i' .,-~-'"~1 ';jJi~,_L// EXHIBIT "8" EXISTING .34'x12' EQUIPMENT SHELTER EXISTING GRAVEL PARKING AREA EXISTING 20' WIDE \ ' GRAVEL ACCeSS DRIVE . / \ PROPOSED 12'x 11 'f GRAVEL ACCESS DRIVE EXISTING TREES TO BE REMOVED " """"'"'''' i,i,':,_,~,~~"'\'; ,<:,:::,\: ,. - .~...' ." =;, , , , f ."' " ~ .:';'. : N EE) SITE PU~o' IS' NOTES 1) PLAN SHOWN IS A GR/\PHIC REPRESENTMION Of' L[!ISE J\REA, 2) THIS "DHIBIT G" MAY BE AMENDED OR ADDED TO AT ANY TIME '{' ~I '\''/' .' l(~.",', ,///( ',' ','j../ /S~/>> ;,~~%~~~h: /' \ 30' 50' -- EXISTING 190' rIV66'a6' LATTICE rowER -,~ Sa ~ oo"w (:) (:) ,oo'~ (:),(:) ~ &/~ . / l~ EXISTING FENCE c::,!r';:J (:) 1.,-, &7~ 7/\j '~ ! I ( ~ "- So S66~'OO' '86;::~' 00'''' . (~ NOR THEA, ST CORNER \ OF SECTION 29__1 S50'2S'27:' ", 2634 \ 9 -H b I o If) EXISTING 60'x50' US WEST CELL SITE PARCEL# 292401-2-022-2008 PROPOSED 4S'x4S' LEASE AREA; SEE SHEET 2 OF 2 SITE. PLAN - 1 OF 2 ONECOMM COMMUNICATIONS BREMERTON/CITY 3 OFF OLD BELFAIR HIGHWAY WA0554022Z-3 APRIL 17, 1995 JUNE 20, 1996 WA55.3-B.OWG MJG 6 20 96 EXHIBIT "B" I PROPOSED FENCE; (4) SIDES PROPOSED 12'x 11;':1: GRAVEL ACCESS DRIYE " >< EXIS TING 20' WIDE GRAVEL ACCESS DRIVI r .I_-"x-~ l I ~).. ", /b.." ", (e_, ,:j~~_,< ,:~:'! . ': I "" ',' \,J",:~t\~ '.~ ) ENLARGED SITE ;'):~',,~ - 2 OF 2 ONECOMM CUrv1MUNICATIONS BREMERTON/CITY 3 OFF OLD BELFAIR HIGHWAY \'''" ...., ,~ 45'-0" LEASE AREA N LI tr) SITE i PlJI,NL. ~~' 10' 20' NOTES 1) PLAN SHOWI\) IS A GRAPHIC REPRESENTATION OF LEASE AREA 2) THIS "EXliIOIT B" MAY BE AMENDED OR ADDEO TO AT ANY TIME " :x:, >.< j W l- I- - (/J U1 +1 w--.J , 5--.J o W I U1 U o :::l LlJ ' 01- j-C:!] X W PROPOSED 150' LATTICE TOWER -- PROPOSED 4S'x4S' LEASE AREA PROPOSED 11 x20' PREFABRICATED EQUIPMENT SHELTER J PARCEL# 292401-2-022-2008 I \ I i WA0554022Z-j APRIL 17, 1995 JUNE 20, 19996 WA5S.3--g,QWC M,JG 6 20 96 --- --.1 ® DATE(MM/DD/YYYY) -Ao CERTIFICATE OF LIABILITY INSURANCE 11/29/2018 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 CONTACT N Aon Risk Services Northeast, Inc. NAME: Boston MA Office (NC No.Ext): (866) 283-7122 (NC.No.): (800) 363- a 53 State Street E-MAIL \\\Suite 2201 ADDRESS:Boston MA 02109 USA `019 INSURERS)AFFORDING COVERAGE NAIC# INSURED �d INSURER A: Great American Insurance Company of NY 22136 American Tower Corporation INSURER B: Greenwich Insurance Company 22322 116 Huntington Avenue ZDt1A:11:1=14,11th Floor INSURER C: XL Specialty Insurance C �r�3t485Boston MA 02116 5786 u5A �b'// INSURER D: INSURER E: 6� � INSURER F: COVERAGES CERTIFICATE NUMBER: 570074012368 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 CLe l4QS. Limits shown are as requested INSR ADDL SUER POLICY EFF CY EXP LTR TYPE OF INSURANCE INSO SVD POLICY NUMBER IMMIDD/YYYY MM/DDIYYYY �. LIMITS f B X COMMERCIAL GENERAL LIABILITY RGD943761406 12/01/201 2/01/01/�HOCCURRENCE $2,000,° 0 ' AMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $1,000,000 2 GEM.AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,0o0 POLICY I I PRO- JECT X LOC PRODUCTS-COMP/OP AGG $2,000,000 0 0 OTHER: � B AUTOMOBILE LIABILITY RAD943761506 12/01/2018 12/01/2019 COMBINED SINGLE LIMIT $1,000*00 `n (Ea accident) ` X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED -SCHEDULED BODILY INJURY(Per accident) d AUTOS ONLY _ AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE t6 ONLY _ rAUTOS ONLY (Per accident) '_ N A X UMBRELLA LIAB X OCCUR UMB2869870 12/01/2018 12/01/2019 EACH OCCURRENCE $10,000�0�0 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED X RETENTION S2S,000 C WORKERS COMPENSATION AND RWD943538606 12/01/201812/01/2019 x PERSTATUTE OTH- EMPLOYERS'LIABILITY YINER (A05) ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,00 O C OFFICER/MEMBER EXCLUDED? N N/A RWR943547006 12/01/2018 12/01/2019 (Mandatory in NH) (Retro Ded.) E.L.DISEASE-EA EMPLOYEE $1,000, 00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000- I. 2 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Evidance of Insurance. g CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE _ti■ POLICY PROVISIONS. �� EFL-. Ameri can Tower Corporation AUTHORIZED REPRESENTATIVE 116 Huntington Avenue, 11th Floor Boston MA 02116-578 USA Cr � ..e.7.4,4�€ e Yoga. M III ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000069199 LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY NAMED INSURED Aon Risk Services Northeast,Inc. American Tower Corporation POLICY NUMBER 116 Huntington Avenue RGD943761406,RAD943761506,UMB2869870,RWD943538606,RWR943547006 Boston,Massachusetts 02116-5786 CARRIER NAICCODE United States Great American Assurance Company 22136 Greenwich Insurance Company 22322 EFFECTIVE DATE:12/1/2018-12/1/2019 XL Specialty Insurance Co 37885 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance ADDITIONAL INFORMATION Named Insureds: American Tower Corporation,including all subsidiaries and affiliated entities. American Tower Corporation has Additional Insured Endorsements that apply to the Commercial General Liability and Automobile Liability policies issued by Greenwich Insurance Company.Because of the nature of these endorsements,it is not necessary to specifically schedule parties with a contractual and insurable interest,as Additional Insured status is extended to those parties by the nature of the written business relationship as follows: BLANKET ADDITIONAL INSURED INCLUDES: Any person or organization with an insurable interest is additional insured,as required by written contract with the named insured,but only in accordance with the policy terms. ADDITIONAL INSURED—Scheduled Designated Person or Organization Schedule:ALL PREMISES WHERE REQUIRED BY CONTRACT The insurance provided will not exceed the lesser of: 1.The coverage and/or limits of this policy,or 2.The coverage and/or limits required by said contract or agreement. The insurance provided does not apply to: 1.Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations,new construction or demolition operations performed by or on behalf of the person or organization shown in the schedule. 3.Professional Services. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT applies to GL,Auto,and WC Policies: In the event coverage is cancelled for any statutorily permitted reason,other than nonpayment of premium,60 days advanced written notice will be mailed or delivered to Certificate Holders. ADDITIONAL INSURED LESSOR—Additional Insured and Loss payee—Automobile Liability Schedule: Where required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 570000069199 LOC#: ARD ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Aon Risk Services Northeast,Inc. American Tower Corporation POLICY NUMBER 116 Huntington Avenue RG0943761406,RAD943761506,UMB2869870,RWD943538606,RWR943547006 Boston,Massachusetts 02116-5786 CARRIER NAIC CODE 'United States Great American Assurance Company 22136 EFFECTIVE DATE:12/7/2018-12/1/2019 Greenwich Insurance Company 22322 XL Specialty Insurance Co 37885 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Description:Any auto leased or rented to you. A.Coverage: 1.Any"leased auto"designated or described in the schedule will be considered a covered"auto"you own and not a covered "auto"you hire or borrow.For a covered"auto"that is a"leased auto,"Who Is An Insured is changed to include as an "insured"the lessor named in the Schedule. 2.The coverages provided under this endorsement apply to any"leased auto"described in the Schedule until the expiration date shown in the Schedule,or when the lessor or his or her agent takes possession of the"leased auto,"whichever occurs first. B.Loss Payable Clause: 1.We will pay,as interest may appear,you and the lessor named in this endorsement for"loss"to a"leased auto." 2.The insurance covers the interest of the lessor unless the"loss"results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor,we will obtain his or her rights against any other party. C.Cancellation: 1.If we cancel the policy,we will mail notice to the lessor in accordance with the cancellation Common Policy Condition 2.If you cancel the policy,we will mail notice to the lessor. 3.Cancellation ends this agreement. D.The lessor is not liable for payment of your premium. E.Additional Definition: "Leased auto"means an"auto"leased or rented to you,including any substitute,replacement or extra"auto"needed to meet seasonal or other needs,under a leasing or rental agreement that requires you to provide direct primary insurance for the lessor. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACOR O® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Derek Spresser NAME: P Lockton Companies PHONElc. o.Ext):816-960-9060 FAX No): 444 W.47th Street,Suite 900 E-MAIL resser DS lockton.com Kansas City MO 64112-1906 ADDRESS: DSpresser@lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: American Zurich Insurance Company 40142 Overland Contracting Inc. 600 North Greenfield Parkway INSURER C: Garner,NC 27529 INSURER 0: United States INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 369374 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GLO 0139245–Large 11/1/2019 11/1/2020 EACH OCCURRENCE $ $1,000,000 AWorks/Small Works 11/1/2019 11/1/2020 DAMAGE TO RENTED $300,000 A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Contractual GLO 4641358-Corporate 11/1/2019 11/1/2020 MED EXP(Any one person) $ $10,000 GLO — X PD&C/O&XCU 4641367–Divisional PERSONAL&ADV INJURY $ $1,000,000 X X Works GENt AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 X POLICY !WI' LOC PRODUCTS-COMP/OP AGG $ $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY — AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATIONWC 0139244 11/1/2019 11/1/2020 X STATUTE ERH B AND EMPLOYERS'LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N WC 4641353(AOS) 11/1/2019 11/1/2020 E.L.EACH ACCIDENT $ $1,000,000 A OFFICER/MEMBEREXCLUDED? N N/A X WC 4641354(ID,MA,WI) 11/1/2019 11/1/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Project#:401653;Project Name:CommScope ESC/ CBRS;Project Manager/Contact:Siecynski,Darlena Site Name:ATC Bremerton City;Site Number:W31 F2;Site ID:W31 F2-ATC Bremerton City;Site Address:4780 W.Belfair Valley Road,Bremerton,WA 98312 Please see page 2 for additional information CERTIFICATE HOLDER CANCELLATION City of Bremerton 345 6TH Street,Suite 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bremerton,WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE /0/4 �� � At 47,1 1 ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Acc,RE0 ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Lockton Companies Overland Contracting Inc. 444 W.47th Street,Suite 900 600 North Greenfield Parkway Kansas City MO 64112-1906 Garner,NC 27529 United States EFFECTIVE DATE:11/1/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability Policy provides primary and non-contributory coverage. City of Bremerton is included as an Additional Insured as applicable and required by executed,written contract/site access agreement on the following policies: General Liability Waiver of subrogation in favor of City of Bremerton is provided as applicable and required by executed,written contract/site access agreement on the following policies: General Liability Workers Compensation/Employers Liability ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE 11/21/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Tom U.Krippene NAME: Aon Risk Services Central,Inc. (A/CNo,Ext): (314)854-0817 FA/C,No):(847)953-5390 8182 Maryland Avenue, 15th Floor E-MAIL St,Louis,MO 63105 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: Lexington Insurance Company 19437 Overland Contracting Inc. 600 North Greenfield Parkway INSURER C Garner,NC 27529 INSURER D: United States INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 369374 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDIYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLALIAB X OCCUR 62785285(primary-$10M) 11/1/2019 11/1/2020 EACH OCCURRENCE $ $5,000,000 EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ E yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Project#:401653;Project Name:CommScope ESC/ CBRS;Project Manager/Contact:Siecynski,Darlene Site Name:ATC Bremerton City;Site Number:W31F2;Site ID:W31F2-ATC Bremerton City;Site Address:4780 W. Belfair Valley Road,Bremerton,WA 98312 Please see page 2 for additional information CERTIFICATE HOLDER CANCELLATION City of Bremerton 345 6TH Street,Suite 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bremerton,WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE I ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AWR©� ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Services Central, Inc. Overland Contracting Inc. 8182 Maryland Avenue, 15th Floor 600 North Greenfield Parkway St,Louis,MO 63105 USA Garner,NC 27529 United States EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The Umbrella policy follows form of the following policies: General Liability: GLO 0139245—Large Works/Small Works GLO 4641358-Corporate GLO 4641367—Divisional Works Employer's Liability: WC 0139244 WC 4641353(AOS) WC 4641354(ID,MA,WI) City of Bremerton is included as an Additional Insured as applicable and required by executed,written contract/site access agreement on the following policies: Umbrella/Excess Liability Waiver of subrogation in favor of City of Bremerton is provided as applicable and required by executed,written contract/site access agreement on the following policies: Umbrella/Excess Liability ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code:D560353 Certificate jD: 16230306 BLACK&VEATCH CORPORATION Waiver Of Subrogation (Blanket) Endorsement Policy No. EfT.Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem GLO 11/1/2019 11/1/2020 11/1/2019 4641358 GLO 11/1/2019 11/1/2020 11/1/2019 0139245 GLO 11/1/2019 11/1/2020 11/1/2019 4641367 This endorsement modifies the insurance provided under the following: Commercial Generd Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss,to waive your rights of recovery Fom others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Attachment Code:D560356 Certificate ID: 16230306 Black & Veatch Corporation WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directjy or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Effective Policy No. WC 4641353 (AOS), WC 4641354 (ID, MA, WI), WC 0139244 Insured: BLACK &VEATCH CORPORATION Effective Date: 11/1/2019 Attachment Code: D493868 Master ID: 1058332 BLACK&VEATCH CORPORATION Additional Insured- Automatic- Owners, Lessees or Contractors Policy No. Exp. Date of Eff. Date of Agency NO. Addi. Prem. Return Prem. Policy Policy GLO 11/1/2020 11/1/2019 4641358 GLO 11/1/2020 11/1/2019 4641367 11/1/2020 11/1/2019 GLO 0139245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Black&Veatch Corporation Address (including ZIP Code): 11401 Lamar Ave. Overland Park, KS 66211 Certificate Holder: This endorsement modihes insurance provided under the: Commercial General Liability Coverage Part A. Section II-Who Is an Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or"personal and advertising injury" covered under SECTION 1- Coverage A- Bodily Injury And Property Damage Liability and Section 1- Coverage B- Personal And Advertising Injury Liability, but only with respect to liability for the "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; and resulting directly from: a. Your ongoing operations preformed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" completed as included in the "products-completed operations hazard", preformed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless or the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization Attachment Code: D493868 Master ID: 1058332 a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: c. The Limits of Insurance provided to you in this policy; or BLACK &VEATCH CORPORATION GLO 4641358 d. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering or 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; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named insured, if the written contract or written agreement requires that this coverage by primary and non-contributory. F. For this coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4a. Of the Other Insurance Condition of Section IV-Commercial General Liability Conditions. This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance by primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a named insured. The following paragraph is added to Paragraph 4.b of the Other Insurance Condition of Section IV- Commercial General Liability Conditions: Notification to Others of Cancellation, Nonrenewal ZURICH' or Reduction of Insurance Policy number: GL04641358 Policy Period: 11/1/19- 11/1/20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modihes insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non-renew this Coverage Part(s)by written notice to the first Named Insured for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation or non-renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the hrst Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s) is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims,we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2.At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Organlzatlon(s): Number of Days Notice: Per attached certificate 30 Days All other terms and conditions of this policy remain unchanged. U-GL-1447-A CW(05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Attachment Code: D493868 Master ID: 1058332 This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an addition insured by attachment or endorsement to another policy providing coverage for the same "occurrence", claim, or"suit". This provision does BLACK & VEATCH CORPORATION GLO 4641358 not apply to any policy in which the additional insured is a named insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insured's, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR REDUCTION OF INSURANCE ENDORSEMENT This endorsement is used to add the folloNng to Part Six of the policy. Policy number:WC4641353 Policy period: 11/1/19 - 11/1/20 PART SIX CONDITIONS A. If we cancel or non-renew this policy by written notice to you for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation or non-renewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non- renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims,we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization Nil be provided at least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Orgamzation(s): Number of Days Notice: Per attached certificate 30 Days All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WC 99 06 34 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance,Inc.with its permission. Page 1 of 1 AC R DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Derek Spresser NAME: P Lockton Companies O (NC.No.Exq:816-960-9060 FAX Not: 444 W.47th Street,Suite 900 E-MAIL DS presser Kansas City MO 64112-1906 ADDRESS: p @lockton.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Zurich American Insurance Company 16535 INSURED INSURER B: American Zurich Insurance Company 40142 Overland Contracting Inc. 600 North Greenfield Parkway INSURER C: Garner,NC 27529 INSURER D: United States INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 369385 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 TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) IMM/OD/YYYYI A X COMMERCIAL GENERAL LIABILITY GLO 0139245—Large 11/1/2019 11/1/2020 EACH OCCURRENCE $ $1,000,000 A CLAIMS-MADE X OCCUR Works/Small Works 11/1/2019 11/1/2020 PREM SES EaEoccurrelD nce) $ $300,000 A X Contractual GLO 4641358-Corporate 11/1/2019 11/1/2020 GLO 4641367—Divisional MED EXP(Any one person) $ $10,000 X PD&C/O&XCU X X Works PERSONAL&ADV INJURY _ § $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $2,000,000 X POLICY PRO- JECTLOC PRODUCTS-COMP/OPAGG $ $2,000,000 OTHER: A AUTOMOBILE LIABILITY BAP 4641355 11/1/2019 11/1/2020 (EaaccidenlSINGLELIMIT $ $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ X OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED , NON-OWNED PROPERTY DAMAGE X AUTOS ONLY AUTOS ONLY (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ ABWORKERSCOMPENSATION H AND EMPLOYERS'LIABILITY WC 0139244 11/1/2019 11/1/2020 SAUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N WC 4641353(AOS) 11/1/2019 11/1/2020 E.L.EACH ACCIDENT $ $1,000,000 A OFFICER/MEMBEREXCLUDED? N N/A X WC 4641354(ID,MA,WI) 11/1/2019 11/1/2020 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:401653;Project Name:CommScope ESC/ CBRS;Project Manager/Contact:Siecynski,Darlena Site Name:ATC Bremerton City;Site Number:W31F2;Site ID:W31F2-ATC Bremerton City;Site Address:4780 W.Beifair Valley Road,Bremerton,WA 98312 Please see page 2 for additional information CERTIFICATE HOLDER CANCELLATION City of Bremerton 345 6TH Street,Suite 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bremerton,WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ACCMCP ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Lockton Companies Overland Contracting Inc. 444 W.47th Street,Suite 900 600 North Greenfield Parkway Kansas City MO 64112-1906 Garner,NC 27529 United States EFFECTIVE DATE:1 1/1/2019 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The General Liability Policy provides primary and non-contributory coverage. The Automobile Liability Policy provides primary and non-contributory coverage. City of Bremerton is included as an Additional Insured as applicable and required by executed,written contract/site access agreement on the following policies: General Liability Waiver of subrogation in favor of City of Bremerton is provided as applicable and required by executed,written contract/site access agreement on the following policies: General Liability Workers Compensation/Employers Liability ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AC�® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 11/22/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must 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 CONCONTACT Tom U.Krippene Aon Risk Services Central,Inc. PHOO No.Ext): (314)854-0817 FAX No):(847)953-5390 8182 Maryland Avenue,15th Floor E-MAIL St,Louis,MO 63105 USA ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INSURED INSURER B: Lexington Insurance Company 19437 Overland Contracting Inc. 600 North Greenfield Parkway INSURER C: Garner,NC 27529 INSURER D: United States INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 369385 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. INSRLTYPE OF INSURANCE ISD DDL SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) B X UMBRELLA LIAB OCCUR 62785285(primary-$10M) 11/1/2019 11/1/2020 EACH OCCURRENCE _ $ $5,000,000 EXCESS LIAB CLAIMS-MADE X X AGGREGATE $ $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project#:401653; Project Name:CommScope ESC/ CBRS;Project Manager/Contact:Siecynski,Darlena Site Name:ATC Bremerton City;Site Number:W31F2;Site ID:W31F2-ATC Bremerton City;Site Address:4780 W.Belfair Valley Road,Bremerton,WA 98312 Please see page 2 for additional information CERTIFICATE HOLDER CANCELLATION City of Bremerton 345 6TH Street,Suite 100 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Bremerton,WA 98337 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN United States ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �•!/i'��'' "�+ ... ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD A ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED Aon Risk Services Central, Inc. Overland Contracting Inc. 8182 Maryland Avenue,15th Floor 600 North Greenfield Parkway St,Louis,MO 63105 USA Garner,NC 27529 United States EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance The Umbrella policy follows form of the following policies: General Liability: GLO 0139245—Large Works/Small Works GLO 4641358-Corporate GLO 4641367—Divisional Works Auto Liability: BAP 4641355 Employer's Liability: WC 0139244 WC 4641353(AOS) WC 4641354(ID,MA,WI) City of Bremerton is included as an Additional insured as applicable and required by executed,written contract/site access agreement on the following policies: Umbrella/Excess Liability Waiver of subrogation in favor of City of Bremerton is provided as applicable and required by executed,written contract/site access agreement on the following policies: Umbrella/Excess Liability ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code: D560353 Certificate jD: 16230306 BLACK&VEATCH CORPORATION Waiver Of Subrogation (Blanket) Endorsement Policy No. EfT.Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add'I. Prem Return Prem GLO 11/1/2019 11/1/2020 11/1/2019 4641358 GLO 11/1/2019 11/1/2020 11/1/2019 0139245 GLO 11/1/2019 11/1/2020 11/1/2019 4641367 This endorsement modifies the insurance provided under the following: Commercial Generd Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery Fom others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. Attachment Code:D560356 Certificate ID: 16230306 Black & Veatch Corporation WC 00 03 13 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) This agreement shall not operate directjy or indirectly to benefit anyone not named in the Schedule. Schedule This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Effective Policy No. WC 4641353 (AOS), WC 4641354 (ID, MA, WI), WC 0139244 Insured: BLACK & VEATCH CORPORATION Effective Date: 11/1/2019 Attachment Code: D493868 Master ID: 1058332 BLACK&VEATCH CORPORATION Additional Insured- Automatic- Owners, Lessees or Contractors Policy No. Exp. Date of Eff. Date of Agency NO. Addi. Prem. Return Prem. Policy Policy GLO 11/1/2020 11/1/2019 4641358 GLO 11/1/2020 11/1/2019 4641367 11/1/2020 11/1/2019 GLO 0139245 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Black&Veatch Corporation Address (including ZIP Code): 11401 Lamar Ave. Overland Park, KS 66211 Certificate Holder: This endorsement modihes insurance provided under the: Commercial General Liability Coverage Part A. Section II-Who Is an Insured is amended to include as an insured any person or organization who you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to the additional insured person or organization applies only to "bodily injury", "property damage" or"personal and advertising injury" covered under SECTION 1- Coverage A- Bodily Injury And Property Damage Liability and Section 1- Coverage B- Personal And Advertising Injury Liability, but only with respect to liability for the "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; and resulting directly from: a. Your ongoing operations preformed for the additional insured, which is the subject of the written contract or written agreement; or b. "Your work" completed as included in the "products-completed operations hazard", preformed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless or the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization Attachment Code: D493868 Master ID: 1058332 a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: c. The Limits of Insurance provided to you in this policy; or BLACK &VEATCH CORPORATION GLO 4641358 d. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury", "property damage" or"personal and advertising injury" arising out of the rendering or 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; and 2. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or"suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or"suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named insured, if the written contract or written agreement requires that this coverage by primary and non-contributory. F. For this coverage provided by this endorsement: 1. The following paragraph is added to Paragraph 4a. Of the Other Insurance Condition of Section IV-Commercial General Liability Conditions. This insurance is primary insurance as respects our coverage to the additional insured person or organization, where the written contract or written agreement requires that this insurance by primary and non-contributory. In that event, we will not seek contribution from any other insurance policy available to the additional insured on which the additional insured person or organization is a named insured. The following paragraph is added to Paragraph 4.b of the Other Insurance Condition of Section IV- Commercial General Liability Conditions: Attachment Code: D493868 Master ID: 1058332 This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an addition insured by attachment or endorsement to another policy providing coverage for the same "occurrence", claim, or"suit". This provision does BLACK&VEATCH CORPORATION GLO 4641358 not apply to any policy in which the additional insured is a named insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. G. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insured's, and which endorsement applies specifically to that identified additional insured. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as written. Notification to Others of Cancellation, Nonrenewal ZURICH' or Reduction of Insurance Policy number: GL04641358 Policy Period: 11/1/19- 11/1/20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modihes insurance provided under the: Commercial General Liability Coverage Part Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non-renew this Coverage Part(s)by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non-renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the hrst Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part(s)is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims, we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule below and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Organlzatlon(s): Number of Days Notice: Per attached certificate 30 Days All other terms and conditions of this policy remain unchanged. U-GL-1447-A CW(05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Notification to Others of Cancellation, Nonrenewal ZURICH' or Reduction of Insurance Policy number: BAP4641355 Policy Period: 11/1/19- 11/1/20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium,we will mail or deliver a copy of such written noUce of cancellation or non-renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below, and 2. At least 10 days prior to the effective date of the cancellation or non-renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, we Nil mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this Coverage Part is reduced or restricted, except for any reduction of Limits of Insurance due to payment of claims,we will mail or deliver notice of such reduction or restriction: 1. To the name and address corresponding to each person or organization shown in the Schedule belo« and 2. At least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) I Organization(s): Number of Days Notice: Per attached certificate 30 Days All other terms and conditions of this policy remain unchanged. U-CA-811-A CW(05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 NOTIFICATION TO OTHERS OF CANCELLATION, NONRENEWAL OR REDUCTION OF INSURANCE ENDORSEMENT This endorsement is used to add the folloNng to Part Six of the policy. Policy number: WC4641353 Policy period: 11/1/19- 11/1/20 PART SIX CONDITIONS A. If we cancel or non-renew this policy by written notice to you for any reason other than nonpayment of premium,we will mail or deliver a copy of such written notice of cancellation or non-renewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non- renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If coverage afforded by this policy is reduced or restricted, except for any reduction of Limits of Liability due to payment of claims, we will mail or deliver notice of such reduction or restriction to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization Nil be provided at least 10 days prior to the effective date of the reduction or restriction, or the longer number of days notice if indicated in the Schedule below. D. If notice as described in Paragraphs A., B. or C. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)/ Orgamzation(s): Number of Days Notice: Per attached certificate 30 Days All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. WC 99 06 34 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance,Inc.with its permission. Page 1 of 1