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HomeMy WebLinkAbout6052 PUBLIC UTILITIES CONSTRUCTION AGREEMENT THIS IS A CONTRACT between the City of Bremerton, a first class municipal corporation of the State of Washington("City"), and McCormick Communities LLC ("Owner"), and RV Associates,the Owner's contractor("Contractor"). It is effective on the date executed by all the parties. Background A. Owner is the owner of real property commonly known as McCormick North that is served by the City of Bremerton's water system but located within the City of Port Orchard: Owner will make improvements to that real property. Incidental to those improvements and in order to ensure that the City can provide water to McCormick North, Owner is required by the City to construct and dedicate for public purpose certain utility improvements known as the Completion of Well 1R and Water Transmission Main to Anderson Hill Road SW("Project"). B. Owner has selected the Contractor to construct the Project. C. Owner shall remain responsible and liable to the City for all aspects of the performance of this agreement including the concurrent responsibility and liability for the Contractor's performance under this agreement. Terms 1. DESCRIPTION OF THE PROJECT:The Owner has retained a licensed Professional Engineer registered in the State of Washington("Design Engineer")whowill design the Project and prepare plans and specifications("Plans")in accordance with City Standards which will require City review and approval. The Project shall be as described below unless the City determines that the Project is infeasible,in which case Owner agrees to design an alternative project for review and approval by the City. Owners total costs for designing and constructing such alternative project shall not exceed the total costs Owner would otherwise incur designing,permitting,and constructing the Project. A. The owner shall complete all design,permitting, and construction of the project including but not limited to: • Well pump and pump column per City requirements. Motor must be inverter duty rated for use with VFD-Peerless Vertical 12LD or approved equal. • Approximately 300' of conduit andspares for power and telemetry from existing transformer. Pull all wire and fiber optic cable required. (1) Control building and PLC cabinet. (2) Controls: a) 200HP VFD System with power filtering for well pump including VFD&Motor protection equipment(Rockwell— Powerflex VFD, MTE Sinewave Filter,TPS-Surge Protection) McCormick Communities LLC—Well IR Public Utilities Construction Agreement Page 1 of 9 FG:53528251.5 b) Standby Power System w/ATS (Cummins-ASCO) c) Mag Flowmeter for tracking water production(Endress& Hauser—ProMag or approved equal) d) Well Depth Sensor(GE Druck or KPSI or approved equal) e) Telemetry connecting to PS2 via fiber communication conduit by Well 6R(Rockwell-Compactlogix PLC, Panelview Plus 7 Display) f) PS2 Hypochlorite Building-New CL2 Monitoring (Rosemount), carrier water pump system(Grundfos),and Hypo Chem Feed Metering Pump System(Prominent— Gama X) g) PS2A Standby Power System w/ATS &Telemetry Interface(Cummins-ASCO) h) Provide listed functions to be added into the SCADA System monitoring at the Oyster Bay Water Resources Office. • Removable building over wellhead. • Approximately 1,800 If DI discharge piping, fittings, valves, etc... Pressure class must be approved by the City. A gravel access road will be constructed along the entire piping alignment unless approved otherwise. • Connection to City's existing Hypo-chlorination equipment. • Creek Crossing design to include a bridge with the pipe suspended underneath Bridge.Use"Rapid Span"design similar to Heins Creek bridge. • Emergency Generators at both Well 1R and the Anderson Creek pump station-Cummings,duty rated; Standby Power.Sized to meet demand, including foundation and all weather enclosure. • Cut-in of valves and fittings at Anderson Hill Road to include a check valve and vault adjacent to the existing 16"pipe. • All other equipment and appurtenances required to provide a complete and functional system. The Contractor will physically construct the Project providing all performance of work, including all labor,materials, transportation, equipment, supplies, and services necessary for and reasonably incidental to the completion of all work as set out in the Plans. 2. FEES AND EXPENSES: A. The Owner agrees to pay in advance the following fees and expenses associated with the project and required by the Bremerton Municipal Code: • Plan check fee: Pump station and Piping $ 990.00 • Inspection fee: Pump Station and Piping $ 2,754.00 Total: $3,744.00 McCormick Communities LLC—Well lR Public Utilities Construction Agreement Page 2 of 9 PO:53528251.5 B. The Contractor shall be responsible for obtaining and paying for necessary permits from other governmental agencies and shall be responsible for any additional costs for inspection billed to the City by any government agency,including but not limited to the City of Bremerton, Kitsap County,or the State of Washington. C. The Project will be located entirely on City property and the City hereby grants Owner and Contractor permission to enter such City property to design and construct the Project. The City also agrees to promptly issue all permits, such as right-of-way permits,that may be needed from City departments for the Project. D. The Contractor shall post with the City Treasurer a Performance Bond prior to design and construction and a Warranty Bond upon completion of the work.The bonds shall be posted in the amounts as follows: Performance Bond (1) One hundred and fifty percent(150%)of the Design Engineer's estimated cost of construction,as approved by the City,for all work occurring within public right-of-way or on City Property and/or twenty percent(20%)on private property. Warranty Bond (1) Twenty percent(20%)of the actual cost of construction. E. The bonds shall provide,the following: (1) The Contractor shall complete the project in accordance with the approved plans,specification and accepted engineering and construction practices. (2) The Contractor shall comply with all the terms of this agreement. (3) The Contractor shall fully comply with all requirements of law in carrying out the project, and shall comply with all lawful requirements imposed by any agency with jurisdiction relating to the project. (4) The Warranty Bond shall be effective for two years after completion of construction unless affirmatively released sooner by the City,and shall guarantee the completed projects against defects in workmanship and materials. (5) The bond must be approved by the City's Risk Manager and may include one or more surety bonds issued by any surety company that is licensed to do business in the State of Washington and meets the City's Risk Managers rating criteria. The Surety bond maybe substituted by a cash deposit in the full,required amount deposited with the City Treasurer or an irrevocable and unrestricted assignment of funds on deposit in a licensed bank or credit union,in the full-required amount. F. Contractor shall possess a current Bremerton Business License and regulatory licenses required to fulfill Contractor's obligations under this contract. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, and City business licensing. If any taxes or fees due the City have been declared delinquent, Contractor,by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes The City may also withhold the McCormick Communities LLC—Well 1R Public Utilities Construction Agreement Page 3 of 9 FG;53528251.5 delinquent amount,plus any additional charges arising from the delinquency,from any payments due Contractor. 3. REPRESENTATIVES: The Owner and Contractor hereby name the following persons as the representative of the.Owner and Contractor for all purposes required by this agreement: Owner Name: McCormick Development Corp Eric Campbell Address: 12332 NE 115`h Place Kirkland, WA 98033 Email: eric(aumspgroupllc.com Name: McCormick Development Corp Nick Tosti Address: 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 Email: nicktosti(i 'mail.com Contractor Name: RV Associates Phone: 360-876-9737 Address: 1333 Bold Parkway Port Orchard, WA 98367 email: 101,1, t rvassociates.com The Owner and Contractor warrant that their representatives have full authority to bind them in all respects required by this agreement,and all applicable government requirements imposed by any agency with jurisdiction. The City hereby designates Vicki Grover of its Department of Public Works and Utilities as its Project Manager and warrants that the Project Manager has full authority to exercise such discretion as does the Director of Public Works and Utilities under the ordinance of the City for purpose of carrying out the terms of this agreement. Notices shall be in writing and delivered by personal service or first class mail to the above addresses for the Contractor and Owner, and for the City they shall be delivered to: City Address City of Bremerton ATTN: Vicki Grover 345 6`h Street Suite 100(Mail) Bremerton WA. 98337 Tel: 360-473-5285 McCormick Communities LLC—Well IR Public Utilities Construction Agreement Page 4 of 9 FG:53528251.5 4. PROJECT DESIGN:The Owner will retain a Design Engineer who shall design the project,prepare the necessary plans,and provide construction engineering to the extent reasonably necessary. The Owner shall use the following current standards for drafting, design and construction of the project.Deviation from City standards will not be accepted. • Standard plans and specification provided by the City. • Bremerton Utilities Development and Construction Standards. • City of Bremerton Standards for Work in Rights of Way • Washington State Department of Ecology's Stormwater Management Manual for the Puget Sound Basin. • American Waterworks Association Standards. • Washington State Department of Transportation's Standard Specifications for Road, Bridge; and Municipal Construction. • Washington State Department of Health Water System Design Manual S. PUBLIC WORKS PROJECT PERMIT:The City's Project Manager will review the project design,plans,and specifications,and when satisfied the work is in accordance with City standards,shall approve the plans by stamping and signing four(4)copies of the plan sheets. The City reserves the right to require modification of the plans at the Contractor's expense in the event of errors or mistakes in the drawings,or if new information becomes available which requires a change in the plans to properly accomplish the project. Plan changes initiated by the Contractor must be approved in writing by the City's Project Manager prior to commencement or alteration of the work. Proposed plan changes shall be accompanied by an estimate of value. The City will issue a Public Works Project Permit upon completion of the following: • Construction Plans and Specifications have been approved by the City's Project Manager. • Deposit of advance cash deposits as stated in this agreement with the City Treasurer. • Approved bonds posted with the City Clerk. • Proof of insurance approved by the Risk Manager. • A copy of the City or County right-of-way permit submitted to the Utility. 6. INSURANCE: The Contractor shall provide liability and property damage insurance covering all work under this agreement for construction within the public right-of-way and on City property, including all work provided by subcontractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed McCormick Communities LLC—Well IR Public Utilities Construction Agreement Page 5 of 9 FG:53528251.5 1 operations/broad form propertydama e; explosion, collapse and underground (XCU)if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate;and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required),which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City,which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. 7. INDEMNIFICATION: Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability,loss, damages, and expenses, including costs and attorneys' fees, resulting in whole or in part from actions, claims,and lawsuits arising or alleged to have,arisen,in whole or in part,out of or in consequence of the acts or failures to act of Contractor, its employees,its subcontractors, its agents,or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW,which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim,or lawsuit is judicially found to arise solely from the negligent acts or negligent failures to act of the City. These provisions shall survive the expiration or termination of this agreement. S. PROSECUTION OF WORK: A. The Project design shall be submitted to the City within one(1)year of execution of this agreement. Construction shall commence within 90 days of issuance of the Project Permit. Failure to begin work within this 90-day period shall result in forfeiture of all rights under the agreement regardless of any other provisions of this agreement. McCormick Communities LLC—Well 1R Public Utilities Construction Agreement Page 6 of 9 FG:53528251.5 B. The Contractor agrees to continuously pursue work and complete the project within twelve(12)months of permit issuance. 9. ADDITIONAL CONSTRUCTION WORK REQUIREMENTS:The Contractor in addition to other duties included in this agreement shall comply with the following: A. Schedule system connections with the Project Manager and meet all requirements for the connection and testing of their improvements in the presence of the City's authorized representative. Major system connections to the City's system shall not be authorized on Fridays. Subsequent operation of system valves must be performed by City personnel. B. No work shall be performed by the Contractor other than Monday through Friday between 7:30 a.m. and 6:00 p.m.,exclusive of City holidays, except with written prior consent of the City' Project Manager. If consent is given by the City's Project Manager for work on Saturday, Sunday or holidays or before or after the normal working hours above,the Contractor shall pay to the City the reasonable cost of furnishing the required inspection and supervision during said periods. C. Remove and correct at the expense of the Contractor any improvements not authorized or constructed in compliance with the Utilities Development and Construction Standards. D. Restore all public and private property disrupted by the installation of the project to its original condition upon completion. The entire job site will be maintained in a neat and workman like appearance.The Contractor will provide landscape restoration including sodding, seeding or barking as may be required by the City's Project Manager. Landscape restoration shall follow installation of the various segments of the project as closely as is practicable.When,in the opinion of the City's Project Manager,landscape restoration has fallen behind installation of the segments of the project,the Project Manager may halt all construction work until restoration catches up. E. Notify the City when the project is ready for final inspection and approval by the Utility. l{ 10. INSPECTIONS AND FINAL ACCEPTANCE: A. The City will provide periodic inspection during construction to ensure that the work complies with plans and City Utilities and Construction Standards. Inspections by the City shall not relieve the Contractor of its responsibility to construct the project in full accord with the standards of the City.Nor shall inspection be deemed to be supervision of the project,methods or means of performance, compliance with construction site safety requirements,or the Contractor's employees. B. All easements necessary for the project have been obtained in the name of the City, accepted by the Project Manager,and recorded with the County Auditor. McCormick Communities LLC—Well 1R Public Utilities Construction Agreement Page 7 of 9 FG:53528251.5 C. Within thirty(30)days of final inspection,furnish a complete set of Mylar"Asbuilt" drawings of the project improvements that have been prepared and stamped by the Design Engineer and a complete set of electronic Asbuilt drawings,in Autocad®Civil 3D 2019. D. Upon final approval of project construction by the City's Project Manager,the City shall accept and approve a Deed of Conveyance of the project improvements for the Contractor on a form approved by the City Attorney. Approval of the deed shall constitute completion of the project for the purposes of (1) Computing the guarantee period required by this agreement for bonding. (2) Commencement by the City of its usual and customary maintenance of the project improvements. (3) Commencement of utility services upon payment of service fees. (4) Establishing final costs for any reimbursement agreement. 11. REIMBURSEMENT AGREEMENT: The City and Owner will enter into a Reimbursement Agreement that is mutually agreed upon by the City and Owner.The City and Owner agree that this Reimbursement Agreement will be substantially in the form that the City typically uses for such reimbursement agreements, and will grant the Owner the right to recover its costs for construction of the project, as defined above, pursuant to BMC 15.01.100 for future hook ups within the Bremerton W580 Zone. The Owner recognizes that certain terms of the proposed Reimbursement Agreement will require approval by the City Council. 12. GENERAL CONDITIONS: A. Reports and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement.The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles(GAAP)to substantiate all billed amounts. B. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements,written or oral,that have not been set forth in the text of this Agreement. The section headings and article titles of this Agreement shall have no effect upon the construction or interpretation of any part hereof. C. Severability;,Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. McCormick Communities LLC—Well IR Public Utilities Construction Agreement Page 8 of 9 FG:33528231.3 E. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. F. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. G. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 13. NON-COMPLIANCE/TERMINATION: Failure to comply with the terms of this agreement within 60 days following written notice by the Project Manager shall automatically result in the termination of service and forfeiture of bonds and shall not relieve the Owner or Contractor of the duty to comply with all the terms of this agreement,paying all sums due. 14. SUCCESSORS AND ASSIGNS: The City, Owner and Contractor each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract.Neither party shall assign the contract in part or as a whole,without the written consent of the other. IN WITNESS WHEREOF the parties hereto have executed this Contract the date and year indicated. OWNJR:M 'CORMICK COMMUNITIES LLC -- ,, /C)2 9-,920q namel r��, Date Z1c tijf i t CONTRACTOR: RV ASSOCIATES [name itle] Date CITY OF BREMERTON Gre eeler, Mayor Date Departmental Approval Received for Filing: at(1(/L--to Tom uckey Angela Hoover, City Clerk Director of Public Works and Utilities McCormick Communities LLC—Well IR Public Utilities Construction Agreement Page 9 of 9 FG:53528251.5 Client#:26780 RVASSOCI I ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/03/2019 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Casondra Mossuto Propel Insurance PHHONN,E=s):800 499-0933 (acFAX,No): 866 577-1326 Tacoma Commercial Insurance E-MAILDRSS: casondra.mossuto@propelinsurance.com 1201 Pacific Ave,Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER A:Continental Insurance Company 35289 INSURED INSURER B:Continental Casualty Company 20443 R.V.Associates Inc. INSURER C:Sirius American Insurance Company 1333 Lloyd Parkway Port Orchard,WA 98367 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X 2075774604 01/01/2019 01/01/2020 EACH OCCURRENCE , $1,000 CLAIMS-MADE X OCCUR PREMISES(pEaEocccTurrence) $100,000 X PD Ded:$1,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ,IN T LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY X X 2075774618 01/01/2019 01/01/2020 COMBINED SINGLE LIMIT 1 000 n°n/ (Ea accident) $ , 'C �'" X ANY AUTO BODILY INJURY(Per person) $ �/ OWNED SCHEDULED BODILY INJURYPer accident) $ AUTOS ONLY AUTOS INJURY(Per X AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ _AUTOS ONLY (Per accident) B x UMBRELLA LIAB X OCCUR X X 2075774621 01/01/2019 01/01/2021 EACH OCCURRENCE $5,000,101 EXCESS L.IAB CLAIMS-MADE AGGREGATE $5,000,1 1.0 DED X RETENTION$10,000 $ A WORKERS COMPENSATION 2075774604 01/01/2019 01/01/2020 ;MUTE EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N WA Stop Gap E.L.EACH ACCIDENT $1,000,000/ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,0 0 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution CPL00012750 02/04/2019 01/01/2020 Each Occ:$5,000,000 Liability Ded: $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Proposed Water System Improvements McCormick Communities and City of Bremerton are additional insured per the attached endorsements. CERTIFICATE HOLDER CANCELLATION McCormick Communities SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 805 Kirkland Ave., Suite 20 ATTN ACCORDANCE WITH THE POLICY PROVISIONS. Nick Tosti Port Charlotte, FL 33980 AUTHORIZED REPRESENTATIVE .. ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #53925879/M3565051 CTOO This page has been left blank intentionally. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with"arising out of'language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or N B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 2075774604 Page 1 of 2 Endorsement No: 5 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 2075774604 Page 2 of 2 Endorsement No: 5 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Primary and Noncontributory - Other Insurance Condition Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART It is understood and agreed that the condition entitled Other Insurance is amended to add the following: Primary And Noncontributory Insurance Notwithstanding anything to the contrary, this insurance is primary to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. the additional insured is a named insured under such other insurance; and b. the Named Insured has agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. t0 O O mmm mmm — CNA74987XX (1-15) Policy No: 2075774604 Page 1 of 1 Endorsement No: 7 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Stifrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Policy No: 2075774604 Page 1 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Policy No: 2075774604 Page 2 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Policy No: 2075774604 Page 3 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Policy No: 2075774604 Page 4 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: 0 (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX (1-15) Policy No: 2075774604 Page 5 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Policy No: 2075774604 Page 6 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or(2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX (1-15) Policy No: 2075774604 Page 7 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1-15) Policy No: 2075774604 Page 8 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud CNA74705XX (1-15) Policy No: 2075774604 Page 9 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copynght CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1-15) Policy No: 2075774604 Page 10 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c)and (d)of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and v c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX (1-15) Policy No: 2075774604 Page 11 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3)and (4)of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs(3)and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Policy No: 2075774604 Page 12 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. 8 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. EEE CNA74705XX (1-15) Policy No: 2075774604 Page 13 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: CNA74705XX (1-15) Policy No: 2075774604 Page 14 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. - 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. - CNA74705XX (1-15) Policy No: 2075774604 Page 15 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX (1-15) Policy No: 2075774604 Page 16 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. Ri All other terms and conditions of the Policyremain unchanged. 9 0 This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and Nexpires concurrently with said Policy. CNA74705XX (1-15) Policy No: 2075774604 Page 17 of 17 Endorsement No: 2 TRANSPORTATION INSURANCE COMPANY Effective Date: 01/01/2019 Insured Name: R.V. ASSOCIATES INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. PUBLIC PROPERTY WORK PERMIT PERFORMANCE BOND BOND #: 023212706 PERMIT #: DATE POSTED: RE: Owner/Developer/Contractor: R.V.Associates, Inc. Project Address: Parcel No. 332401-3-023-2005&332401-4-069-2008 KNOW ALL PERSONS BY THESE PRESENTS: 1. R.V.Associates, Inc. ("Principal") has applied to the City of Bremerton ("City") for a right-of-way use permit("Permit")to _ Well 1R and Anderson Hill Pump Station Upgrades ("Work") on City-owned real property at Parcel No. 332401-3-023-2005&332401-4-069-2008 2. Permit approval granted by the City and subject to the Bremerton Municipal Code requires that a surety bond or other financial security be furnished by the Principal to the City to ensure completion of all Work by (date), in conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. Principal has agreed to meet this requirement by posting this bond in the amount of one hundred fifty (150) percent of the estimated value of the Work and the estimated cost to restore existing improvements as determined by the City. 3. The Work, including landscaping, shall remain free of defects in material, workmanship, and installation commencing on the date this bond is executed and ending on the date this bond is released in writing by the City. 4. Principal and The Ohio Casualty Insurance Company , a corporation authorized to transact surety business for performance and maintenance bonds in the State of Washington ("Surety") agree and bind themselves, their heirs, executors, administrators and assigns, unto the City in the penal amount of One Million Five Hundred Twenty-Seven* dollars ($1,527,165.00 ), lawful money of the United States,according to the following terms and conditions: *Thousand One Hundred Sixty-Five and No/100ths a. Principal shall,at its sole cost and expense,carefully correct any damage or defects in workmanship, materials, or installation to the City-owned real property on which the Work is to take place,and any City-owned facility thereon,and leave the same in as good condition Page 1 of 3 Public Property Work Permit Performance Bond Rev.01/2019 as it was before commencement of the Work. b. Principal and Surety agree that if any of the Work is not complete by the date set forth above, if any of the Work is defective, if damage of existing improvements is observed,or if other activities have occurred which do not comply with the Permit,and corrective action is required of the Principal as determined by the City,and the Principal does not commence correction of the same within twenty(20)days of demand by the City, Surety shall,within twenty (20) days of demand by the City, make a written commitment to the City that it will either: i. Correct the defect(s) or complete the Work itself with reasonable diligence pursuant to a time schedule acceptable to the City,or ii. Tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to complete the Work or correct the defect(s), up to the penal amount of the bond. Surety shall then fulfill its obligations under this bond,according to the requirement selected by Surety under either 4(b)(i) or 4(b)(ii) above. If Surety elects to fulfill its obligation under paragraph 4(b)(ii)above,then upon completion,the City shall notify the Surety of the actual cost. The City shall return, without interest, any overpayment made by Surety. Surety shall pay to the City any actual cost which exceeds the City's estimate, limited to the penal amount. This paragraph shall not be construed to obligate the City in any way to complete the Work or to correct any defect, and if the City does so, Principal and Surety shall remain liable to the City to pay all costs of the same. c. No change,extension of time,alteration,or addition to the Work shall affect the obligation of Principal or Surety on this bond, and Surety waives notice of any such change, extension, alteration,or addition. d. As part of the Work, Principal shall fully compensate all its employees, contractors, subcontractors, material men, and anyone else who could claim a lien as a result of the Work. The City is under no obligation to accept the Work as fully performed and to release this bond until the City receives assurance it deems adequate that all such compensation has been made or there is no such compensation to be made. e. This bond shall remain in full force and effect until the obligations secured by it have been fully performed and until the bond is released in writing by the City at the request of Surety or Principal,and until a Warranty Deposit is received. f. If any legal action, including but not limited to the filing of a lawsuit, must be taken to collect on or to enforce the provisions of this bond, each party shall pay its own costs and attorney fees. This bond shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this bond shall be brought in Kitsap County Page 2 of 3 Public Property Work Permit Performance Bond Rev.01/2019 Superior Court. DATED THIS 27th day of November ,20 19 . PRINCIPAL R.V.Associates, Inc. ::27/:)Z-:.--‘----- SURETY Th e io Casualty.,lnsurance Company tffi/.. 4.-if" Ca'" spi ff!'-� .Ti 7r-i'- act Surety Mail _ ddress: Street 1001 4 • ,ve Suite 3700 State/Zip Seattle,WA 98154 STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day g o I'eti4` Lvmsd personally appeared before me, known to be the individual(Principal)described in and who executed the within and foregoing instrument, and acknowledged that ye. signed the same as(j((.-�itAA . free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ,2.7 day of 7104et t_ ,20 19. ( atm t. Notary Public in and for the State of Washington, Residing at . jAArevidait.• CAM- My appointment expires: Lf.)2.- Lo Zo `�`��ttUtitttt/o/ R:U.cgal\Legal\Forms\FORMS ON COBWF.B\City Ordinance Form Rev 01 2019 docx `���PNo....... 0 `;�0,40ss10NF.7.#0. „ .. .a 1'A I� '. �� Ar to. :::*:4 -+►•P• Page 3 of 3 cp.. 'oUUBUC' :247: Public Property Work Permit 1.-7,:• ''L• 22.2ozo•;�O`•; Performance Bond '/r�O WASO• Rev. 01/2019 w This Power of Attorney limits the acts of those named herein,and they have no authority to • ^I bind the Company except in the manner and to the extent herein stated. Vrr'i Liberty' Liberty Mutual Insurance Company /**i Mutual,.,. The Ohio Casualty Insurance Company Certificate No:8200930-023049 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Holli Albers.Heather L.Allen,James B.Binder,Brandon K.Bush,Carley Espiritu,Jacob T.Haddock,Diane M.Harding,Brent E.Heilesen,Kyle Joseph Howat,Cynthia L. Jay,Aliceon A.Keltner,Christopher Kinyon,Michael S.Mansfield,Jamie L.Marques,Erica E.Mosley,Annelics M.Richie,Sara Sophie Sellin,Donald Percell Shanklin,Jr.,Karen C.Swanson,Misti Ni.Webb,Eric A.Zimmerman all of the city of Tacoma state of Washington each individually if there be more than one named,its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 17th day of April , 2019 _ Liberty Mutual Insurance Company P� tNSU P p INSG tNSLiR The Ohio Casualty Insurance Company tiJ �opPOw, ti� ...)0:00 aPo r+r yy �P G°aP°R,, tic, West American Insurance Company ? '"o to u r For , iw = For m to 1912 0 0 1919 1991 0 rn vi r % t�q 3 Z ia, y: Q Q �+ ��� a) kf? 4c,ab‘. O hNAMPSI,aD� '!s, 'NotAHP da / c o syl * ns- ''H1 . 0 'YM . t-14 By. �! ce e David M.Carey,Assistant Secretary -m State of PENNSYLVANIA ami a) County of MONTGOMERY ss m coo c O ku On this 17th day of April , 2019 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 15-P- ompany,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes= o > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 3 Lu 11 g IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. c E• t6 rA 5 . PAST..,.. QM o 1 Q,. dot+s>F F( COMMONWEALTH OF PENNSYLVANIA 1 Q 4 �- ,9 Q�s f Notanal Seal i ' r--_ 4i o 1. ? /(/1��2 l c c c sv Q Gr Teresa Pastella.Notary Public O ^�. Upper Merron Twp.,Montgomery County By: Q) to c @ r ,i' My Comm.ssion Expires March 28.2027 E Hsy�vP f eresa Pastella,Notary Public Q m to 4py PUS Member,PennsyNama Assocalion of Notaries d O @ N N O 0a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 1:4.6 o.E Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aei E ori ARTICLE IV-OFFICERS:Section 12.Power of Attorney. w Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the m, 7o President may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o a � any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall,N have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such +00 Z `5 instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fad under the EPI) provisions of this artide may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. c o o ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. 17, o 99 My officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, 1--.— shall appoint such attorneys in-fad,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same tome and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of Po r of Attorney executed by said Companies, is ink/full llfforce and effect and has not been revolted. }}t �^y� "" ! i IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of � UNI,4.- it • 1 ,1NSUR01 INS, /�_ 1NSU, P°RPOayq 40POR9 P °a°R+, tcn4' 0-.-, ? tc'o 19120 0 1919 t 1991 ; % 3a By:s•tic,,.d3 i HAMPSre s4,01AHA' Ab Renee C.Llewellyn,Assistant Secretary rysh �N X71 Oa 'M + �x LMS-12873 LMIC OCIC WAIC Mule Co 062018 Page 1 of 3 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION NO. 001 to CITY CONTRACT # 6052 BETWEEN THE CITY OF BREMERTON, MCCORMICK COMMUNITIES LLC, and RV ASSOCIATES PROJECT Public Utilities Construction Agreement between the City of Bremerton, a first- class municipal corporation of the State of Washington (“City”), McCormick Communities LLC (‘Owner’), and RV Associates, the Owners’ contractor (“Contractor”). OWNER: McCormick Communities LLC CONTRACTOR: RV Associates DATE: September 28, 2020 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and McCormick Communities LLC and RV Associates on December 12, 2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: No Change Section II. Term , is modified as follows: The Owner and Contractor shall complete the work described in this Contract Modification Agreement as follows: Design Submitted to the City extended to June 12, 2021; Construction to commence within 90 days of issuance of Project Permit, and be complete within twelve (12) months of permit issuance. Section III. Compensation , is modified as follows: No Change II. Owner and Contractor accept all requirements of this Contract Modification by endorsing below. Owner and Contractor further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or DocuSign Envelope ID: F2BFF62D-A6ED-47A3-81C2-29A4DAF7647D Page 2 of 3 Contract Modification Rev. 10/2019 lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned Owner and Contractor approve the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) MCCORMICK COMMUNITIES LLC THE CITY OF BREMERTON By: By: Print Name: Print Name: Greg Wheeler________ Its: Its: Mayor_____________________ Date: Date: RV ASSOCIATES By:___________________________ Print Name: Its: ________________________ Date: ________________________ APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2020.10.16 07:50:45-07'00' DocuSign Envelope ID: F2BFF62D-A6ED-47A3-81C2-29A4DAF7647D Eric Campbell Manager 10/16/2020 Rorbert J. Lumsden 10/19/2020 Vice President 10/19/2020 Page 3 of 3 Contract Modification Rev. 10/2019 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: OWNER: McCormick Development Corp ATTN: Vicki Grover ATTN Eric Campbell City of Bremerton Engineering 12332 NE 115th Place 3456th Street Suite 100 Kirkland, WA 98033 Bremerton, WA 98337 eric@mspgroupllc.com 360-473-5285 OWNER: McCormick Development Corp ATTN Nick Tosti 805 Kirkland Avenue Suite 200 Kirkland, WA 98033 nicktosti@gmail.com CONTRACTOR: RV Associates 1333 Lloyd Parkway Port Orchard, WA 98367 360-876-9737 robl@rvassociates.com R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx DocuSign Envelope ID: F2BFF62D-A6ED-47A3-81C2-29A4DAF7647D