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AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6F Amended Item Number SUBJECT: Study Session Date: July 24, 2019 Washington State Recreation & COUNCIL MEETING Date: August 7, 2019 Conservation Office (RCO) Funding Board Department: Parks & Recreation Project Agreement for the Warren Avenue Presenter: Jeff Elevado Playfield Renovation Project Phone: (360)473-5428 SUMMARY: The attached Funding Board Project Agreement will provide $850,000 to assist in the renovation of Warren Avenue Playfield. Improvements include ADA access, field lighting upgrades, parking lot paving, restroom, picnic shelter, playground, backstop and fencing, walking path and landscaping. ATTACHMENTS: 1) Recreation & Conservation Office Funding Board Project Agreement updated; 2) Warren Avenue Playfield Renovation Plan FISCAL IMPACTS (Include Budgeted Amount): The total project estimate is $1,198,000 comprised of$500,000 RCO Local Parks Grant, $350,000 RCO Youth Athletic Facilities Grant, 200,000 Department of Commerce Allocation, $25,000 Cash Donations, $6,500 Bremerton Parks Foundation Grant and $82,000 Capital Fund Balance and/or REET. The remaining balance of 34,500 will be from in-kind/force account labor in the form of design, project administration and staff labor. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: ®Consent Agenda General Business Public Hearing RECOMMENDED MOTION: Move to authorize the Mayor to enter into the Funding Board Project Agreement with the State of Washington Recreation & Conservation Funding Board for the Warren Avenue Playfield Renovation Project; and to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: P. Approve [' Deny Table Continue No Action Form Updated 01/02/2018 WASHINGTON PUBLIC 111 111II 7196 9002 4000 3902 6990 Bildrs No: 6684187 CITY OF BREMETON 345 TH ST #100 BREMERTON WA 98337 RETAINAGE LIEN AND BOND CLAIM PRECLAIM NOTICE TO PRIME CONTRACTOR NO RETURN RECEIE T Bildrs No. 6684187 7196 9002 4000 3902 6990 To: SOUND PACIFIC CONSTRUCTION LLC, 3902 157TH STREET CT NW, GIG HARBOR, WA 98332 Re: RETAINAGE LIEN AND BOND CLAIM PRECLAIM NOTICE PROJECT: 2001 WARREN AVE PLAYFIELD, 950 BROADWAY AVE, BREMERTON, WA 98337 PRIME CONTRACTOR: SOUND PACIFIC CONSTRUCTION LLC, 3902 157TH STREET CT NW, GIG HARBOR, WA 98332 PRIME CONTRACTOR SURETY: NORTH AMERICAN SPECIALTY INSURANCE COMPANY, 1200 MAIN ST SUITE 800, KANSAS CITY, MO 64105, Bond# 2299741 You are hereby notified that the undersigned has (or will) commenced to furnish materials or rental equipment generally described as PLUMBING/HVAC/PIPE/WATERWORKS/APPLIANCES/INSTALLATION SVS/LIGHTING/STORMWATER/CONSTR MTLS for use in the prosecution of the work on the 2001 WARREN AVE PLAYFIELD, 950 BROADWAY AVE, BREMERTON, WA 98337 at the request of SOUND PACIFIC CONSTRUCTION LLC, 03011*70431, 3902 157TH STREET CT NW, GIG HARBOR, WA 98332. If the undersigned is not paid for these materials or rental equipment, it will file a claim against you and retainage held by CITY OF BREMETON, 345 TH ST #100, BREMERTON WA 98337 for payment of any sum that is due and owing to the undersigned. You are further notified that you and your bond will be held for payment for such materials and rental equipment so furnished. FERGUSON ENTERPRISES LLC, on its behalf and as an agent for its subsidiaries and affiliates 9129 N TYNDALL AVE PORTLAND, OR 97217 503-735-8027 BICA Representative Prepared By: BICA 1-800 722-2422 05/13/2020 Owner: CITY OF BREMETON, 345 TH ST #100, BREMERTON WA 98337 Orig Contr: SOUND PACIFIC CONSTRUCTION LLC, 3902 157TH STREET CT NW, GIG HARBOR, WA 98332 Surety: NORTH AMERICAN SPECIALTY INSURANCE COMPANY, 1200 MAIN ST SUITE 800, KANSAS CITY, MO 64105, Bond# 2299741 Customer: SOUND PACIFIC CONSTRUCTION LLC, 03011 *70431, 3902 157TH STREET CT NW, GIG HARBOR, WA 98332 Job No: 70431 Form Rev: 12/06 MM CONTRACT (Page 1 of 4) THIS AGREEMENT is dated the day of 21i' in the year 20Z0 by and between the City of Bremerton (hereinafter called CITY) and Sound Pacific Construction, LLC (hereinafter called CONTRACTOR). CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract Documents entitled WARREN AVENUE PLAYFIELD RENOVATION, ARTICLE 2. CONTRACT TIMES. The WORK shall obtain Physical Completion within 70 working days after the commencement date stated in the Notice to Proceed. Time is of the essence as to each and every deadline set forth in this agreement. This provision has been specifically negotiated. ARTICLE 3. LIQUIDATED DAMAGES. CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of $1,000 per day after the date of Physical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal, which shall include sales tax as provided in Section 1-07.2 of the Special Provisions. ARTICLE 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may be modified by the Special Provisions. Applications for Payment will be processed by ENGINEER as provided in the Special Provisions 0`// Contractor Initials City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation 1-35 February 2020 Contract Documents Contract CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, • Bidders Checklist, • Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, • Special Provisions, •Appendices • Contract Plans, • Addenda numbers 1 to 3 inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors, employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Contract Documents. The provisions of this section shall survive the termination of the contract. Contractor Initials City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation I-36 February 2020 Contract Documents Contract CONTRACT (Page 3 of 4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9. DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements of the Davis -Bacon and related acts (DBRA) as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment of laborers and/or mechanics to perform the work. CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents, IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written. CITY : City of Bremerton CONTRACTOR Sound Pacific Construction, LLC l�l v CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices 6708 144th St, NW, Suite A, Gig Harbor, WA 98332 License No. SOU1NDPC842J8 City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation 1-37 February 2020 Contract Documents Contract CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton 233-1836-161 Warren Avenue Playfield Renovation 1-38 February 2020 Contract Documents Contract CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF WA ) ) ss. COUNTY OF Pierce ) I HEREBY CERTIFY that a meeting of the Members of the Sound Pacific Construction, LLC a Limited Liability Company existing under the laws of the State of Washington held on April 7 20 20 , the following resolution was duly passed and adopted: "RESOLVED, that Tom Abplanalp and John Brunson as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated April 7 , 20 20 , to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force andeffect. IN WITNESS WHEREOF, I have hereunto set my hand this ?th, day of April , 20 20 . By: Membe By: Membe (SEAL) Sound Pacific Construction, LLC A Limited Liability Company i City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation I-40 February 2020 Contract Documents Contract Certificate Bond No. 2299741 PERFORMANCE BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction. LLC as CONTRACTOR, and North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty -Seven Thousand Four Hundred Fifty -One and 30/100 ($967,451.30)--------- for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, administrators, successors, and assigns, jointly and severally, firmly by these presents. -=dollars, exeMors, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "Warren Avenue Playfield Renovation"; now, therefore, In the event CONTRACTOR fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNER's expenses to construct or repair all work as well as all loss, cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond, the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER. The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract, or 2. Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered, the OWNER will return, without interest, any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses, (including, but not limited to fees and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation I-43 February 2020 Contract Documents Performance Bond PERFORMANCEBOND (Page 2 of 2) The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety. This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one (1) year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals this 15 day of April 20200 (SEAL) (SEAL) Sound Pacific Construction, LLC North American Specialty Insurance Company __ (CONTRACTOR) (Surety) By: By: �4 (Sig ure and SEAL) (Signature and SEAL) Andrew Pn-Factn Attorney -in -Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Address of Surety to which all notices shall be sent: North American Specialty Insurance Company Address of Surety for service of process: (must be a physical address) 1200 Main Street, Suite 800 Kansas City, MO 64105 Parker, Smith & Feek, Inc. 2233 112th Ave NE Bellevue, WA 98004 City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation I-44 February 2020 Contract Documents Performance Bond SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: SUSAN B. CARBON, SCOTT FISHER, MINDEE L. RANKIN, DEANNA M. FRENCH, RONALD J. LANGE, ELIZABETH R. HAHN, JANA M. ROY, ROGER R. KALTENBACH, GUY P. ARMFIELD, SCOTT McG[LVRAY, ANDREW P. LARSEN, NICHOLAS FREDRICKSON, JOHN R. CLAEYS, CARLY C. FEHRINGER, AND SCOTT GARCIA JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. ONE HUNDRED TWENTY FIVE MILLION ($125,000,000,00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President,. any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any Such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." iVLFit 11975 By �. Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By ��� Mihe A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 30TH day of MAY 120 19 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 30THday of MAY , 201.9 before me, a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OffICIAL SrAL r Notary Fuhlic-State of Illinois HoyCommission s"Fir`5 M. KennyNotary Public I, Jeffrey Goldberg ,the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15 day of April 20 20 Jeffrey Goldberg, Vice President &Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company &Vice President &Assistant Secretary of Westportlnsurance Corporation ACKNOWLEDGMENT State of Washington) County of King) On this i5 day of April 20 20 before me, Nicholas Fredrickson a notary public in and for the State of Washington, with principal office in the County of King, residing therein, duly commissioned and sworn, personally appeared Andrew P. Larsen , known to me to be the person whose name is subscribed to the within instrument as the attorney411 fact of North American Specialty Insurance Company as surety in said instrument, and acknowledged to me that he/,%h@ subscribed the name of said corporation thereto as surety, and his/Imi own name as attorney4n-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public State of Washington 41CHOLAS FREDRICKSON COMM, EXPIRES 04/20/2023 COMM, #205307 NOTARY PUBLIC Commission Expires: 04/20/2023 Bond No. 2299741 PAYMENT BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Sound Pacific Construction, LLC as CONTRACTOR, and North American Specialty Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER," in the sum of Nine Hundred Sixty -Seven Thousand Four Hundred Fifty -One and 30/100 ($967,451.30)--------- dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "Warren Avenue Playfield Renovation"; now, therefore, If said CONTRACTOR, or subcontractor, fails to pay for any materials, equipment, or other supplies, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, reasonable attorney's fees to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses, (including, but not limited to fee and charges of engineers, architects, attorneys, and other professionals, and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton 233-1896-161 Warren Avenue Playfield Renovation I-45 February 2020 Contract Documents Payment Bond PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this of April 2020. Sound Pacific Construction, LLC (CONTRACTOR) By: / (Sig a ure and SEAL) 15 day North American Specialty Insurance Compa,�y (Surety) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) (Signature and SEAL) Attorr yPn1rgctn Address of Surety to which all notices shall be sent: North American Specialty Insurance Company Address of Surety for service of process: (must be a physical address) City of Bremerton Warren Avenue Playfield Renovation Contract Documents 1200 Main Street, Suite 800 Kansas City, MO 64105 Parker, Smith & Feek, Inc. 2233 112th Ave NE Belleuve, WA 98004 233-1896-161 1-46 February 2020 Payment Bond 4. 5 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASfUNGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: SUSAN B. CARBON, SCOTT FISHER, MINDEE 1 DEANNA M. FRENCH, RONALD J. LANGE, ELIZABETH R. HAHN, JANA M. ROY, ROGER R. KALTENBACH, GUY P. ARMFIELD, SCOTT McGILVRAY, ANDREW P. LARSEN, NICHOLAS FREDRICKSON, JOHN R. CLAEYS, CARLY C. FEHRINGER, AND SCOTT GARCIA JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute,. seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of. ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held m Match 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate. relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be bindicag upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." SEAL ta73 By C Steven Senior eVice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By �� , Mihe A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,. and these presents to be signed by their authorized officers this this 30TH day of MAY State of Illinois County of Cook ss: 20 Iv North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation On this 30THday of MAY , 20 19, before me, a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFHCIAL SEAL M, tCENNY Notary Public -State of lllinnis 1.5y Commrssion Ispires 1210AMV M. Denny, Notary Public `* z I, Jeffrey Goldberg ,the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is atrne and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15 day of April , 20 20 Jeffrey Goldberg, Vice President &Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company &Vice President &Assistant Secretary of Weslportlnsurance Corporation ACKNOWLEDGMENT State of Washington) County of King) On this is day of April 20 20 before me, Nicholas Fredrickson a notary public in and for the State of Washington, with principal office in the County of King, residing therein, duly commissioned and sworn, personally appeared Andrew P. Larsen , known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of North American specialty Insurance Companv as suretv in said instrument, and acknowledged to me that he/ �ln� subscribed the name of said corporation thereto as surety, and his/lwx own name as attorney4n4act. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. 1 1' Yl / 1 ' NOTARY PUBLIC Commission Expires: 04/20/2023 RETAINAGE BOND Bond No. 2299742 KNOW ALL MEN BY THESE PRESENTS, that Sound Pacific Construction, LLC as Principal authorized to do business in the State of Washington and North American Specialty Insurance Company as Surety, a corporation organized and existing under the laws of the State of New Hampshire and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto City of Bremerton as Obligee in the penal sum of Forty-eight Thousand Three Hundred Seventy-two And 57/100THS Dollars ($ $489372.57 ), which is 5% of the Principal's bid. WHEREAS, on the day of the said Principal, herein, executed a contract with the Obligee, for Warren Avenue Plavfield Renovation WHEREAS, said contract and RCW 60.28 require the Obligee to withhold from the Principal the sum of 5% from monies earned on estimates during the progress of the construction, hereinafter referred to as earned retained funds. AND NOW WHEREAS, Principal has requested that the Obligee not retain any earned retained funds as allowed under RCW 60.28, NOW, THEREFORE, the condition of this obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by RCW 60.28 in the penal sum of 5°/0 of the final contract cost which shall include any increases due to change orders, increases in quantities of work or the addition of any new item of work. If the Principal shall use the earned retained funds, which will not be retained, for the trust fund purposes of RCW 60.28, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. This bond and any proceeds therefrom shall be made subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28. PROVIDED HOWEVER, that: 1. The liability of the Surety under this bond shall not exceed 5% of the total amount earned by the Principal if no monies are retained by the Obligee on estimates during the progress of construction. 2. Any suit under this bond must be instituted within the time period provided by applicable law. WITNESS our hands this 15th day of April JU 2020 Noah American Specialty Insurance Company Surety %,1 0 . By: Atiorney-gin-Fact Andrew P. Larsen Parker, Smith & Feek, Inc. 2233 112`h Ave NE, Bellevue, WA 98004 Sound Pacific Construction, LLC Name and Address of Local Agent Principal SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of Kansas City, Missouri does hereby make, constitute and appoint: SUSAN B. CARBON, SCOTT FISHER, MINDEE L. RANKIN, DEANNA M. FRENCH, RONALD J. LANGE, ELIZABETH R. HAHN, JANA M. ROY, ROGER R. KALTENBACH, GUY P. ARMFIELD, SCOTT McGILVRAY, ANDREW P. LARSEN, NICHOLAS FREDRICKSON, JOHN R. CLAEYS, CARLY C. FEHRINGER, AND SCOTT GARCIA JOINTLY OR SEVERALLY Its true and lawful Attorneys) -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION ($125,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held m March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011. "RESOLVED, that any two of the President, any Senior Vice President, any Vice President,. any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding ,upcasttbe Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." By (�- Steven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation By `/-/ Mike A. Ito, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company & Senior Vice President of Westport Insurance Corporation IN VJ'iT7�ESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this this 30TH day of MAY , 20 19 North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 30THday of MAY , 201.9 before me, a Notary Public personally appeared Steven P. Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M. KL-AINY Notary Public - State of Illinois My Commission Expires 17JO412021 M. Kenny, Notary Public sistant Secretary of North Am I, Jeffrey Goldberg ,the duly elected Vice President and Aserican Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance Corporation which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 15 day of April 20 20 Jeffrey Goldberg, Vice President &Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company &Vice President &Assistant Secretary of Westport Insurance Corporation 7 ® DATE (MMIDDIYYYY) ORD CERTIFICATE OF LIABILITY INSURANCE 04/07/2020 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 endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Rice Insurance LLC 1400 Broadway P.O. Box 639 Bellingham INSURED Sound Pacific Construction LLC 3902 157th Street Ct NW WA 98227 Rita Larsen (360) 734-1161 rita@ ricei nsurance. com INSURERS) AFFORDING COVERAGE INSURERA: BITCO Insurance Companies INSURER B : Ironshore Specialty Insurance Company INSURER C INSURER D INSURER E (360) 734-1173 Gig Harbor WA 98332 I INSURER F : I COVERAGES CERTIFICATE NUMBER: CL1972465463 REVISION NUMBER: NAIC # 20095 25445 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AIJUL INSD ZSU13K WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ;�/ DAMAGE TRENTED 17000,000 CLAIMS-MADEorNI OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ 101000 A Y Y CLP3684467 07/25/2019 07/25/2020 PERSONAL& ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: I GENERAL AGGREGATE S 200001000 POLICY JECT PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 21000,000 Employee Benefits $ 11000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,0001000 BODILY INJURY (Per person) $ X ANYAUTO A OWNED SCHEDULED Y Y CAP3684468 07/25/2019 07/25/2020 BODILY INJURY (Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE $ X HIRED NON -OWNED H AUTOS ONLY AUTOS ONLY Per accident Medical payments $ 51000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,0001000 AGGREGATE $ 5,0001000 A EXCESS LIAB CLAIMS -MADE Y Y CUP2817421 07/25/2019 07/25/2020 DED X RETENTION $ 102000 $ WORKERS COMPENSATION IPER OTH- AND EMPLOYERS' LIABILITY YIN STATUTE ER A ANY PROPRIR/PARTNER/EXECUTIVE ❑ NIA CLP3684467(WA Stop Gap) 07/25/2019 07/25/2020 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 14000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under 110001000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ Aggregate Limit 1,000,000 Pollution Liability B 002860403 07/25/2019 07/25/2020 Each Occurrence 17000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Warren Avenue Playfield Renovation City of Bremerton, Engineer, their consultants, subconsultants, and the officers, directors, employees, and agents are Additional Insured on the General Liability coverage. Coverage is primary and non-contributory, Waiver of Subrogation, Ongoing Operations and Completed Operation for the General Liability. Per GL3085 & GL2784 attached. Auto Liability -Additional Insured, Waiver of Subrogation and Primary Non Contributory perAP04011017. Umbrella follows form for General Liability, Employers Liability and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS, 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE - AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 2 - Automatic Waiver of Subrogation 3 - Automatic Additional Insured 4 - Primary and Noncontributory -Other Insurance Condition 5 - Unintentional Failure to Disclose Hazards 6 - Extended Notice of Cancellation, Non -Renewal 7 - When We Do Not Renew 8 - Notice of Knowledge of Accident or Loss 9 - Employees as Insured 10 - Employee Hired Autos 1. BROAD FORM NAMED INSURED 11 -Bodily Injury Extension 12 -Hired Auto Physical Damage 13 -Enhanced Supplementary Payments 14 -Fellow Employee Coverage for Designated Positions 15 - Physical Damage —Transportation Expenses 16 - Rental Reimbursement Coverage 17 -Loan/Lease Gap Coverage 18 -Accidental Air Bag Discharge Coverage 19 -Glass Repair —Waiver of Deductible SECTION II. A. 1. -WHO IS AN INSURED -Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51 % or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date, whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV —Business Auto Conditions, Paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0401 (10/17) -1- 3. AUTOMATIC ADDITIONAL INSURED SECTION II — WHO IS AN INSURED, Paragraph A.1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY -OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have 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 such "insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION, NON -RENEWAL The COMMON POLICY CONDITIONS, Item A.2.b. is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV —BUSINESS AUTO CONDITIONS, is amended to add Item B.9.: a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. 8. NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, Item A.2.a. is deleted and replaced with the following: 2. Duties in the Event of Accident, Claim Suit or Loss: a. You must see to it that we are notified of an "accident"claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: AP-0401 (10/17) -2- (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names Cl"d addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II -Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJURY EXTENSION SECTION V -DEFINITIONS, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A.4. - Coverage Extensions -Paragraph c. is added: c. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Hired Auto Physical Damage is provided for that coverage part subject to the following: AP-0401 (10/17) -3- (1) The most we will pay for any one "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (a) The anyone "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEMENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman, supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES SECTION III.A.4.a. Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one "accident" or "loss" under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or AP-0401 (10/17) -4- (c) Cost of repair. Our obligation to pay for a loss in a.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph I we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REIMBURSEMENT COVERAGE SECTION III.A.4. -Coverage Extensions -Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; orI (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAN/LEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the loan/lease, not to exceed $2,500 for any one vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the loan or lease, and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION 111.6.3.a -Exclusions. This exclusion does not apply to the accidental discharge of an air bag. AP-0401 (10/17) -5- 19. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION HI.D - Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. The deductible does not apply to glass damage if the glass is repaired rather than replaced. AP-0401 (10/17) -6- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement moes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an in the box next to the caption of such provision. A. Partnership and Joint Venture Extension B. � Contractors Automatic Additional Insured Coverage — Ongoing Operations C. � Automatic Waiver of Subrogation D. � Extended Notice of Cancellation, Nonrenewal E. � Unintentional Failure to Disclose Hazards F. � Broadened Mobile Equipment G. F-v-1 Personal and Advertising Injury -Contractual Coverage H. � Nonemployment Discrimination I. � Liquor Liability J. x❑ Broadened Conditions K. M Automatic Additional Insureds —Equipment Leases L. ❑x Suits Against Dredges and Barges M. � Insured Contract Extension -Railroad Property and Construction Contracts N. Construction Project General Aggregate Limits O. � Fellow Employee Coverage P. � Property Damage Liability -Elevators Q. � Property Damage to the Named Insured's Work R � Care, Custody or Control S � Electronic Data Liability Coverage T. � Consolidated Insurance Program Residual Liability Coverage U. � Automatic Additional Insureds —Managers or Lessors of Premises V. � Automatic Additional Insureds —State or Governmental Agency or Political Subdivisions — Permits or Authorizations W � Contractors Automatic Additional Insured Coverage —Completed Operations X. � Additional Insured —Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II -WHO IS AN INSURED: The last full paragraph which reads as follows: 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 iri the Declarations. is deleted and replaced with the following: GL-3086 (09/11) -1- With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE —ONGOING OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds) at the projects) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL-3086 (09/11) -2- D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.Z.O. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V -DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V -DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V -DEFINITIONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3086 (09/11) -3- Item 2. Exclusions of SECTION I, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3086 (09/11) -4- K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. "Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L. SUITS AGAINST DREDGES AND BARGES We agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. M. INSURED CONTRACT EXTENSION -RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V -DEFINITIONS, is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; GL-3086 (09/11) -5- f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (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. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III -LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3086 (09/11) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I -COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. 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, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or 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. E. The provisions of SECTION III -LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury" to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. GL-3086 (09/11) -7- Item 2.a. (1)(a) of SECTION II - WHO IS AN INSURED, is deleted and replaced with the following: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY -ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2.j.(3) and 2.j.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. Q. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I, COVERAGE A. is deleted and replaced with the following: Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III -LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. GL-3086 (09/11) -8- (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of 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. 2. The following definition is added to SECTION V —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. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — 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. T. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to "bodily injury", "property damage", or `personal and advertising injury" arising out of your ongoing operations; or operations included within the "products -completed operations hazard", the policy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. GL-3086 (09/11) -9- The following is added to Section V — Definitions "Residential project" means any project where 30°/o or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project" does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. U. AUTOMATIC ADDITIONAL INSUREDS -MANAGERS OR LESSORS OR PREMISES SECTION II —WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any "occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. V. AUTOMATIC ADDITIONAL INSUREDS —STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS —PERMITS OR AUTHORIZATIONS SECTION II —WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury" or "property damage" included within the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primaryI In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution GL-3086 (09/11) -10- from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE —COMPLETED OPERATIONS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X. ADDITIONAL INSURED —ENGINEERS, ARCHITECTS OR SURVEYORS SECTION II —WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3086 (09/11) -11- !•'♦ • ` '• ` ' `0 N EAW:�RU-0�00M This endorsement modifies insurance provided under the following: It is agreed that the provisions listed below apply only upon the entry of an 0 in the box next to the caption of such provision. A. � Broad Form Named Insured B. FX Bodily Injury Extension C. ❑X Employee As Insureds - Health Care Services D. ❑X Non-Omed Watercraft Liability E F Liberalization F. U Chartered Aircraft G. F'X] Coverage Territory Broadened H. F7] Medical Payments - Increased Limits I. FX Expanded Expected or Intended Exception J. OX Property Perils Legal Liability K 1 Broadened Supplementary Payments SEC110N II - WHO IS AN INSURED ,Paragraph 3 is deleted and replaced by the following: 3. Any organization you newly acquire or form, except for a partnership, joint venture or lirrYted liability company, and over which you maintain majority ownership or interest (51% or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a Coverage under this provision is afforded only until the end of the policy period or the 12- month anniversary of the policy inception date, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. kw 0 SECTION V - DEFINITIONS ,Paragraph 3, is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. SECTION II - WHO IS AN INSURED ,Item 2.a(1)(d) is deleted. GL-2784 (09/11) -1- • 1 • 9 1 a ! no 4!' SECTION I - OOVERAGES, COVERAGE A, 2 EXCLUSIONS ,Item g.(2) is replaced with: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons or property for a charge. SECTION IV -CONDITIONS , is amended to include: 10. Liberalization If we adopt a change in our forms or rules which vu�uld broaden the coverage of this policy without an additional premium charge, the broader coverage will apply. This extension is effective upon the approval of such broader coverage in your state of domicile. SECTION I -COVERAGES , Coverage A, Exclusions, Item 2.g.(6) is added: (6) An aircraft in which you have no ownership interest and that you have chartered with crew. G. COVERAGE TERPoTORY BROADENED SECTION V - DERNITTONS , Item 4.a is replaced with: a The United States of America (including its territories and possessions), Canada, Bermuda, the Bahamas, the Cayman Islands, British Urgin Islands and Puerto Rico. H. MEDICAL PAYNE TS - INCREASED LJMTS Unless COVERAGE C. - MEDICAL PAYMENTS is excluded from this policy: SECTION I - COVERAGES , Coverage C , Insuring Agreement , Item c. is added: c. The medical expense limit provided by this policy shall be the greater of: (1) $10,000; or (2) The amount shown in the declarations. I. EXPANDED EXPECTED or INTENDED EXCEPTION SECTION I -COVERAGES , 2. Exclusions Item a is amended as follows: a Expected or Intended Injury - "bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injur�l' or "property daI age" resulting from the use of reasonable force to protect persons or property. GL-2784 (09/11) -2- A SECTION I -COVERAGES, COVERAGE A, 2 Exclusions , the last paragraph following exclusion q. is replaced with: Exclusion c. through n., do not apply to damage by fire, explosion, smoke, water damage, sprinkler leakage, or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III ON LINTS OF INSURANCE . B SECTION III - LIMTS OF INSURANCE ,Item 6. is replaced with: 6. Subject to 5. above, the Damage to Premises Rented to You Lirrtit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damages by fire, explosion, smoke, water damage, sprinkler leakage or lightning, while rented to you or temporarily occupied by you with the permission of the owner, arising out of any one fire, explosion, smoke, water damage, sprinkler leakage or lightning incident. The Damage to Prer>�ses Rented to You Limit provided by this policy shall be the greater of: 2. The amount shown in the declarations. C. SC-C110N IV - CONNERCIAL GENERAL IJABILIIY CONDITIONS , Item 4.b.(1xa)(ii) is replaced with: (ii) That is fire, explosion, smoke, water damage, sprinker leakage or lightning insurance for premises while rented to you or temporarily occupied by you with the permssion of the owner. D SECTION V - DEFlNRIONS ,Item 9.a is replaced with: 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, explosion, smoke, water damage, sprinkler leakage or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." SECTION I -COVERAGES, SUPPLFIVVENTARY PAYMENTS -Coverages A and B, Item 1.b. and i.d. are replaced with: 1.b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to I urnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of tiI e off from wrork GL-2784 (09/11) -3- 09/22/2020 Rice Insurance LLC 1400 Broadway P.O. Box 639 Bellingham WA 98227 Rita Larsen (360) 734-1161 (360) 734-1173 rita@riceinsurance.com Sound Pacific Construction LLC 6708 144th St NW Suite A Gig Harbor WA 98332 BITCO Insurance Companies 20095 Ironshore Specialty Insurance Company 25445 CL2071574856 A Y Y CLP3696315 07/25/2020 07/25/2021 1,000,000 100,000 10,000 1,000,000 2,000,000 2,000,000 A Y Y CAP3696316 07/25/2020 07/25/2021 1,000,000 A 10,000 Y Y CUP2817421 07/25/2020 07/25/2021 5,000,000 A CLP3696315 (WA Stop Gap)07/25/2020 07/25/2021 1,000,000 1,000,000 1,000,000 B Pollution Liability 002860403 07/25/2020 07/25/2021 Aggregate 1,000,000 Each Occurrence 1,000,000 RE: Warren Avenue Playfield Renovation City of Bremerton, Engineer, their consultants, subconsultants, and the officers, directors, employees, and agents are Additional Insured on the General Liability coverage. Coverage is primary and non-contributory, Waiver of Subrogation, Ongoing Operations and Completed Operation for the General Liability. Per GL3085 & GL2784 attached. Auto Liability- Additional Insured, Waiver of Subrogation and Primary Non Contributory per AP04011017. Umbrella follows form for General Liability, Employers Liability and Auto Liability. City of Bremerton 345 6th Street, Suite 100 Bremerton WA 98337 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY AP-0401 (10/17) -1- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE - AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 11 - Bodily Injury Extension 2 - Automatic Waiver of Subrogation 12 - Hired Auto Physical Damage 3 - Automatic Additional Insured 13 - Enhanced Supplementary Payments 4 - Primary and Noncontributory - Other Insurance Condition 14 - Fellow Employee Coverage for Designated Positions 5 - Unintentional Failure to Disclose Hazards 15 - Physical Damage – Transportation Expenses 6 - Extended Notice of Cancellation, Non-Renewal 16 - Rental Reimbursement Coverage 7 - When We Do Not Renew 17 - Loan/Lease Gap Coverage 8 - Notice of Knowledge of Accident or Loss 18 - Accidental Air Bag Discharge Coverage 9 - Employees as Insured 19 - Glass Repair – Waiver of Deductible 10 - Employee Hired Autos 1. BROAD FORM NAMED INSURED SECTION II. A. 1. -WHO IS AN INSURED - Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51% or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date, whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV – Business Auto Conditions, Paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0401 (10/17) -2- 3. AUTOMATIC ADDITIONAL INSURED SECTION II – WHO IS AN INSURED, Paragraph A.1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have 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 such "insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION, NON-RENEWAL The COMMON POLICY CONDITIONS, Item A.2.b. is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV – BUSINESS AUTO CONDITIONS, is amended to add Item B.9.: a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in eff ect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. 8. NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Item A.2.a. is deleted and replaced with the following: 2. Duties in the Event of Accident, Claim Suit or Loss: a. You must see to it that we are notified of an "accident", "claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: AP-0401 (10/17) -3- (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II - Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJURY EXTENSION SECTION V - DEFINITIONS, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A.4. - Coverage Extensions - Paragraph c. is added: c. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Hired Auto Physical Damage is provided for that coverage part subject to the following: AP-0401 (10/17) -4- (1) The most we will pay for any one "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEMENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman, supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES SECTION III.A.4.a. Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one "accident" or "loss" under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or AP-0401 (10/17) -5- (c) Cost of repair. Our obligation to pay for a loss in a.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph a.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REIMBURSEMENT COVERAGE SECTION III.A.4. - Coverage Extensions - Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAN/LEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the loan/lease, not to exceed $2,500 for any one vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION III.B.3.a - Exclusions. This exclusion does not apply to the accidental discharge of an air bag. AP-0401 (10/17) -6- 19. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III.D - Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. The deductible does not apply to glass damage if the glass is repaired rather than replaced. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRANSPORTATION CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A. Partnership and Joint Venture Extension B. Contractors Automatic Additional Insured Coverage – Ongoing Operations C. Automatic Waiver of Subrogation D. Extended Notice of Cancellation, Nonrenewal E. Unintentional Failure to Disclose Hazards F. Broadened Mobile Equipment G. Personal and Advertising Injury - Contractual Coverage H. Nonemployment Discrimination I. Liquor Liability J. Broadened Conditions K. Automatic Additional Insureds – Equipment Leases L. Suits Against Dredges and Barges M. Insured Contract Extension - Railroad Property and Construction Contracts N. Construction Project General Aggregate Limits O. Fellow Employee Coverage P. Property Damage Liability - Elevators Q. Property Damage to the Named Insured's Work R Care, Custody or Control S Electronic Data Liability Coverage T. Consolidated Insurance Program Residual Liability Coverage U. Automatic Additional Insureds – Managers or Lessors of Premises V. Automatic Additional Insureds – State or Governmental Agency or Political Subdivisions – Permits or Authorizations W Contractors Automatic Additional Insured Coverage – Completed Operations X. Additional Insured – Engineers, Architects or Surveyors A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II - WHO IS AN INSURED: The last full paragraph which reads as follows: 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. is deleted and replaced with the following: GL-3086 (09/11) -1- x x x x x x x x x x x x x x x x x x x x x x x x With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE – ONGOING OPERATIONS SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL-3086 (09/11) -2- D. EXTENDED NOTICE OF CANCELLATION, NONRENEWAL Item A.2.b. of the COMMON POLICY CONDITIONS, is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b. of SECTION V - DEFINITIONS, is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I, COVERAGE B is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless "personal and advertising injury" is excluded from this policy: Item 14. of SECTION V - DEFINITIONS, is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITIONS, is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3086 (09/11) -3- Item 2. Exclusions of SECTION I, COVERAGE B, is amended to include: "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury" arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent; "Personal and advertising injury" arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. LIQUOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A, is deleted. J. BROADENED CONDITIONS Items 2.a. and 2.b. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3086 (09/11) -4- K. AUTOMATIC ADDITIONAL INSUREDS - EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury" or "property damage" occurring after you cease leasing the equipment. 2. "Bodily injury" or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L. SUITS AGAINST DREDGES AND BARGES We agree that any "suit" in rem against any dredge or barge owned, operated by or for you, and used in your operations, shall in all respects be treated in the same manner as though the "suit" were against you. This coverage is excess over and above any specific insurance on any dredge or barge owned, operated by or for you, and used in your operations. M. INSURED CONTRACT EXTENSION - RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9. of SECTION V - DEFINITIONS, is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; GL-3086 (09/11) -5- f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (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. N. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III - LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3086 (09/11) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. 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, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or 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. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exclusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury" to (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. GL-3086 (09/11) -7- Item 2.a. (1)(a) of SECTION II - WHO IS AN INSURED, is deleted and replaced with the following: 2.a. (1)(a) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY - ELEVATORS "Property damage" liability is changed as follows: 1. Exclusions 2.j.(3) and 2.j.(4) of SECTION I, COVERAGE A, do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. Q. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion l of SECTION I, COVERAGE A. is deleted and replaced with the following: l. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of $50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R. CARE, CUSTODY OR CONTROL Exclusion 2.j.4 of SECTION I, COVERAGE A. is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III - LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. GL-3086 (09/11) -8- (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.p. Damages arising out of 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. 2. The following definition is added to SECTION V – 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. 3. For the purposes of this coverage, the definition of “property damage” in SECTION V – 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. T. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to “bodily injury”, “property damage”, or ‘personal and advertising injury” arising out of your ongoing operations; or operations included within the “products-completed operations hazard”, the policy to which this coverage is attached shall apply as excess insurance over coverage available to “you” under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a “residential project” or any deductible or insured retention, specified in the Consolidated Insurance Program. GL-3086 (09/11) -9- The following is added to Section V – Definitions “Residential project” means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A “residential project” does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. U. AUTOMATIC ADDITIONAL INSUREDS - MANAGERS OR LESSORS OR PREMISES SECTION II – WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any “occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. V. AUTOMATIC ADDITIONAL INSUREDS – STATE OR GOVERNMENTAL AGENCY OR POLITICAL SUBDIVISIONS – PERMITS OR AUTHORIZATIONS SECTION II – WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. “Bodily injury”, “property damage” or “personal and advertising injury” arising out of operations performed for the federal government, state or municipality; or 2. “Bodily injury” or “property damage” included within the “products-completed operations hazard”. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution GL-3086 (09/11) -10- from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE – COMPLETED OPERATIONS SECTION II – WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the project designated in the contract, performed for that additional insured and included in the "products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. X. ADDITIONAL INSURED – ENGINEERS, ARCHITECTS OR SURVEYORS SECTION II – WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3086 (09/11) -11- GL-2784 (09/11) -1- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an X in the box next to the caption of such provision. A. Broad Form Named Insured F. Chartered Aircraft B. Bodily Injury Extension G. Coverage Territory Broadened C. Employee As Insureds - Health Care Services H. Medical Payments - Increased Limits D. Non-Owned Watercraft Liability I. Expanded Expected or Intended Exception E. Liberalization J. Property Perils Legal Liability K. Broadened Supplementary Payments A. BROAD FORM NAMED INSURED SECTION II - WHO IS AN INSURED , Paragraph 3 is deleted and replaced by the following: 3.Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51%or more) or for which you have assumed theactive management, will qualify as aNamed Insured if there is no other similar insurance available to that organization. However: a.Coverage under this provision is afforded only until theend of thepolicy period or the12- month anniversary of the policy inception date, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. B. BODILY INJURY EXTENSION SECTION V - DEFINITIONS , Paragraph 3, is deleted and replaced by the following: 3."Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting fromany of these, at any time. Mental anguish means any type of mental or emotional illness or disease. C. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES SECTION II - WHO IS AN INSURED , Item 2.a.(1)(d)is deleted. X X X X X X X X X X X GL-2784 (09/11) -2- D. NON-OWNED WATERCRAFT LIABILITY SECTION I - COVERAGES, COVERAGE A, 2. EXCLUSIONS , Item g.(2)is replaced with: (2)A watercraft you do not own that is: (a)Less than 51 feet long; and (b)Not being used to carry persons or property for a charge. E. LIBERALIZATION SECTION IV - CONDITIONS , is amended to include: 10.Liberalization If we adopt a change in our forms or rules which would broaden the coverage of this policy without an additional premium charge, the broader coverage will apply. This extension is effective upon the approval of such broader coverage in your state of domicile. F. CHARTERED AIRCRAFT SECTION I - COVERAGES , Coverage A , Exclusions , Item 2.g.(6)is added: (6)An aircraft in which you have no ownership interest and that you have chartered with crew. G. COVERAGE TERRITORY BROADENED SECTION V - DEFINITIONS , Item 4.a.is replaced with: a.The United States of America (including its territories and possessions), Canada, Bermuda, the Bahamas, the Cayman Islands, British Virgin Islands and Puerto Rico. H. MEDICAL PAYMENTS - INCREASED LIMITS Unless COVERAGE C. - MEDICAL PAYMENTS is excluded from this policy: SECTION I - COVERAGES , Coverage C , Insuring Agreement , Item c.is added: c.The medical expense limit provided by this policy shall be the greater of: (1)$10,000; or (2)The amount shown in the declarations. I. EXPANDED EXPECTED or INTENDED EXCEPTION SECTION I - COVERAGES , 2. Exclusions Item a. is amended as follows: a. Expected or Intended Injury - "bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. GL-2784 (09/11) -3- J. PROPERTY PERILS LEGAL LIABILITY A. SECTION I - COVERAGES, COVERAGE A,2. Exclusions , the last paragraph following exclusion q.is replaced with: Exclusion c.through n., do not apply to damage by fire, explosion, smoke, water damage, sprinkler leakage, or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE . B. SECTION III - LIMITS OF INSURANCE , Item 6.is replaced with: 6.Subject to 5.above, the Damage toPremises Rented toYou Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damages by fire, explosion, smoke, water damage, sprinkler leakage or lightning, while rentedtoyou or temporarily occupied by you with the permission of the owner, arising out of any one fire, explosion, smoke, water damage, sprinkler leakage or lightning incident. TheDamage toPremises Rented toYou Limit provided bythis policy shall bethegreater of: 1.$300,000 or 2.The amount shown in the declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS , Item 4.b.(1)(a)(ii)is replaced with: (ii)That is fire, explosion, smoke, water damage, sprinkler leakage or lightning insurance for premises while rented to you or temporarily occupied by you with the permission of the owner. D. SECTION V - DEFINITIONS , Item 9.a.is replaced with: 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, explosion, smoke, water damage, sprinkler leakage or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract." K. BROADENED SUPPLEMENTARY PAYMENTS SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS -Coverages A and B, Item 1.b. and 1.d.are replaced with: 1.b.The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to $500 a day because of time off from work. Certificate Of Completion Envelope Id: 777E2C6C41AE43F9868A0988FD350797Status: Completed Subject: Your Electronic Signature is Required Source Envelope: Document Pages: 4Signatures: 3Envelope Originator: Certificate Pages: 5Initials: 0Melinda Monroe AutoNav: Enabled345 6th Street EnvelopeId Stamping: EnabledSuite 100 Time Zone: (UTC-08:00) Pacific Time (US & Canada)Bremerton, WA 98337 Melinda.Monroe@ci.bremerton.wa.us IP Address: 64.146.143.78 Record Tracking Status: OriginalHolder: Melinda MonroeLocation: DocuSign 10/12/2020 11:46:39 AM Melinda.Monroe@ci.bremerton.wa.us Signer EventsSignatureTimestamp Mychael RayaSent: 10/12/2020 11:51:31 AM Mychael.Raya@ci.bremerton.wa.usViewed: 10/12/2020 12:26:51 PM Asst. City AttorneySigned: 10/12/2020 12:27:04 PM Bremerton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 64.146.143.78 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Greg WheelerSent: 10/12/2020 12:27:06 PM Greg.Wheeler@ci.bremerton.wa.usViewed: 10/12/2020 2:45:39 PM MayorSigned: 10/12/2020 2:46:08 PM City of Bremerton Signature Adoption: Pre-selected Style Security Level: Email, Account Authentication Using IP Address: 64.146.143.78 (None) Electronic Record and Signature Disclosure: Accepted: 10/12/2020 2:45:39 PM ID: f89b8f12-268b-458a-b124-fcc8a9f7ccfc Angela HooverSent: 10/12/2020 2:46:11 PM Angela.hoover@ci.bremerton.wa.usViewed: 10/12/2020 2:46:40 PM City ClerkSigned: 10/12/2020 2:47:16 PM Security Level: Email, Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 64.146.143.78 Electronic Record and Signature Disclosure: Accepted: 10/12/2020 2:46:40 PM ID: 9b129744-71c7-4d6f-9566-fcf536bb01a1 In Person Signer EventsSignatureTimestamp Editor Delivery EventsStatusTimestamp Agent Delivery EventsStatusTimestamp Intermediary Delivery EventsStatusTimestamp Certified Delivery EventsStatusTimestamp Carbon Copy EventsStatusTimestamp Tom AbplanalpSent: 10/12/2020 2:47:18 PM tom.soundpacific@gmail.com Managing Member Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff ElevadoSent: 10/12/2020 2:47:19 PM Jeff.Elevado@ci.bremerton.wa.us Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness EventsSignatureTimestamp Notary EventsSignatureTimestamp Envelope Summary EventsStatusTimestamps Envelope SentHashed/Encrypted10/12/2020 2:47:19 PM Certified DeliveredSecurity Checked10/12/2020 2:47:19 PM Signing CompleteSecurity Checked10/12/2020 2:47:19 PM CompletedSecurity Checked10/12/2020 2:47:19 PM Payment EventsStatusTimestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, 1000144867-1278204-City of Bremerton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DocuSign Envelope ID: 2688E1B3-9F4C-495A-8811-42636747CC89 Digitally signed by Jeff Elevado Date: 2020.10.06 08:04:00 -07'00' 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: 2020.10.12 14:22:13-07'00' Digitally signed by Thomas Knuckey Date: 2020.10.12 14:46:12 -07'00' DocuSign Envelope ID: 2688E1B3-9F4C-495A-8811-42636747CC89 10/13/2020 PROPOSAL FORM WARREN AVENUE PLAYFIELD RENOVATION Date: March 3, SCHEDULE A - BASE BID , 2020 Item No, to Description of Item Estimated Quantity Unit Unit Price Amount Ref Spec Al . 1-04 Minor Change 1 CALC $1 $1 A2. SP 1-05 Roadway Surveying 1 LS $ it, 000. o 0 $ Irb, 000. 0o A3. SP 1-07 Pot Hole Existing Utility 2 EACH $ 950.00 $ 140 00 A4, 1-07 SPCG Plan 1 LS $ 1,000400 $ 1,000, 90 A5. 1-09 Mobilization 1 LS $ 75,o00.0D $75, 000. 00 A6. SP 1-10 Project Control 1 LS $ 1,700, 00 $ 1,100. 00 Temporary Traffic A7. 2-01 Clearing and Grubbing 0.3 AC $ (00,000.00 $ It,000,00 A8. SP 2-02 Removal Obstructions of Structures and 1 LS $ 11,000, 00 $ 17, 000. 00 A9. SP 2-02 Remove Sawcutting Asphalt Pavement Incl. 56 SY $ 4.00 $ a, al.0, 00 A10. SP 2-02 Remove Pavement Cement Incl. Sawcutting Conc. 401 SY $ *a.00 $ IotV•I•a.Oo $ 7, 000. D0 Al 2-03 Roadway Excavation Incl. Haul 140 CY $ 500 0o Al2. 2-03 Gravel Borrow Incl. Haul 300 TON $ `l0l o U $ I a,000. 00 A13. 4-04 Crushed Surfacing Top Course 357 $ 50.00 $17, 050.00 TON A14. SP 5 04 Commercial HMA 120 TON $ a0 5. no $ 1914) (Do 0, 00 A15, SP 5-04 Stormwater Berm 24 LF $ 105.0o $ 9, 5 A 0.00 A16. SP 5-04 Commercial HMA Path 173 SY $ 99,00 $ Ita, f35.0© A17. SP 6-02 Cement Conc. Seatwall 12 LF $ `I , 0. 0o $ 5, Sao, oo A18. SP 6-20 Redi-Rock Wall 1 587 SF $ 4.5,00 $ ottv,*I5foD A19. SP 6-20 Redi Rock Wall 2 570 SF $ 4.5.00 $ 2.51 b.50. OD A20. SP 6-20 Redi-Rock Wall 3 70 SF $ 55,00 $ 3, eb50, o0 A21. SP 7-01 4 In. Subdrain 399 LF $ 17.00 $ $ 10,713 1,f50,00 00 A22. SP 7-01 Subdrain Cleanout 3 EACH $ 550, 00 A23. SP 7-04 Solid Pipe Wall 4 In PVC Diem. Storm Sewer 301 LF $ co .00 $ l5, 050. 00 City of Bremerton Warren Avenue Playfield Renovation Contract Documents - Addendum No. 1 1-21 233-1896-1611 February 2020 Proposal Form Item No. to Description of Item Estimated Quantity Unit Unit Price Amount Ref Spec A24. SP 7-05 Catch Basin 1 1 EACH $ Vi900,00 $ 1,ibo0.00 Type A25. SP 7-05 91n. Basin Drain 2 EACH $ oto0, 00 $ l,eao.00 $ st, 0 00 i 00 A26. SP 7-15 Service Diam. Incl. Connection RPBA 1-1/2 and PRV In. 1 EACH $ 4; 000. 00 A27. SP 7-18 PVC Diam. Sanitary Sewer Pipe 6 In. 272 LF $ 59.00 $ 1 % o4 Qj. O0 A28. SP 7-19 Sewer Cleanout 6 In. 3 EACH $ (000,00 $ $ it PIA00.00 000.00 PVC Diam. A29. SP 8-01 Control Erosion and 1 LS $ '',000.00 Temporary Sediment A30. SP 8-01 Silt Fence 187 LF $ 10.00 $1,b70,00 A31. SP 8-02 Type A 178 CY $ 70.00 $ l a, i460, D0 Topsoil A32, SP 8-03 Irrigation Sleeves 72 LF $ 2.3, 00 $ !, tn50. oa A33. SP 8-04 Playground Perimeter Curb 101 LF $ y-g, 00 $ 41240, 0O A34. SP 8-04 Cement C1 Conc. Traffic Curb 256 LF $ L}2„00 $ 10,75a.00 $ 1,105,00 Type A35. SP 8-04 Cement Gutter Type Conc. A Traffic Curb and 17 LF $ (.D 5, op A36. SP 8-04 Cement Gutter Conc. B Rolled Curb and 12 LF $ (o5.00 $ 19)0.00 Type A37. SP 8-04 Cement Conc. Pedestrian Curb 31 LF $ 47,00 $ I, 457.00 A38. SP 8-12 8 Fence Vinyl Coated Chain Link 131 LF $ 53.00 $ to,q,{3, 00 Ft. A39. SP 8-12 4 Fence Ft. Vinyl Coated Chain Link 314 LF $ 39.00 $ 1(1932,.0p A40. SP 8-14 Cement Conc. Path 275 SY $ 10 b , 0 0 $ 1 cb,15 0. 0 o A41. SP 8-14 Play Area Ramp 1 LS $ a000.00 $ 410006 000, nv 0o 00 A42. SP 8-14 Install Entry Pavers 1 LS $ 110p0, 00 $ 7, A43. SP 8-20 1 LS $ 6o,000.00 $ 60,000. Electrical A44. SP 8-20 Install Field Lighting System 1 LS $ $5, 000. 00 $'d5, 000, 00 A45, SP 8-21 Permanent Signing 1 LS $ 5400.00 $ 500. vo A46. SP 8-22 Pavement Markings 1 LS $ tp,000.00 $ ip, 000. oo A47. SP 8-30 Pre -Engineered Restroom 1 LS $ l95,000.00 $ IVS, 000.00 A48. SP 8-31 Pre -Engineered Picnic Shelter 1 LS $ 00,000.00 $ too, 400, 00 A49. SP 8-32 Bollard 8 EACH $ 1,500.00 $IA,000.00 City of Bremerton Warren Avenue Playfield Renovation Contract Documents- Addendum No. 1 1-22 233-1896-1611 February 2020 Proposal Form Estimated Quantity Unit Unit Price Amount Item No, Ref to Spec Description of Item A50, SP 8-33 Drinking Fountain Incl. Footing 1 LS $ 7, 000 * 0 0 $ 7, 000. 00 A51. SP 8-34 Wheel Stop 7 EACH $ a95.00 $1,515.0o Subtotal Schedule A (Bid Items Ai—A51): $ Q2,5v) 07 go pp Sales Tax (9%): $ 7 b, Sot,. 4 tb TOTAL SCHEDULE A (Bid Items Al A51): $ 9 2,(0, 57(b, 427 City of Bremerton Warren Avenue Playfield Renovation Contract Documents —Addendum No. 1 f-23 233-1896-1611 February 2020 Proposal Form SCHEDULE B — BID ALTERNATE 1 Item No. to Ref Spec Description of Item Unit Unit Price Amount Estimated Quantity B1. SP 8-14 173 SY $ I0.00 $ 1,730.00 Substitute Commercial HMA Path Conc (Bid Path Item (Bid A16) Item with A40) Cement Subtotal Schedule B (Bid Item B1): $ 11130, 00 Sales Tax (9%): $ 155.70 TOTAL SCHEDULE B (Bid Item B1)* $ t OS 5.10 , Schedule B Note: Unit pricing for this alternate shall be in addition to cost for Bid Item A16 including sales tax. SCHEDULE C — STORM SEWER INCLUDING BIOPOD Item No. to Ref Spec Description of Item Estimated Quantity Unit Unit Price Amount Cl. SP 2-02 Remove Cement Conc 78 SY $ $ Pavement Incl. Sawcutting 30. oo 2,340,00 C2. SP 5-05 Cement Conc. Pavement 78 SY $ 10.00 $ Sittaz.00 C3. SP 7-04 Solid Wall PVC Storm Sewer 30 LP $ $ Pipe 12 In. Diam. qo. oo a,1 Do, 00 C4. SP 7-05 Catch Basin Type 1 1 EACH $ 1,000,00 $ 1,000.0D C5. SP 8-35 Biopod 4' x 6' 1 EACH $ a3,000. oo $ a3,000, o0 Subtotal Schedule C (Bid Items Cl-05): $ 35)70cbs 0D Sales Tax (9%): $ 3, at 9 , la TOTAL SCHEDULE C (Bid Items Cl-05): $ 3$, 907, la BID SUMMARY BASE BID —TOTAL SCHEDULE A (Bid Items A1-A51): $ qa �i, 5 7 r LfQj TOTAL SCHEDULE B (Bid Item B1): $ 1, ve 5.70 TOTAL SCHEDULE C (Bid Items Cl-05): $ 3co, cm, I a. TOTAL BID: City of Bremerton Warren Avenue Playtield Renovation Contract Documents — Addendum No. 1 END OF PROPOSAL FORM 1-24 $ 9U7,-I-51,30 -4231HLI 8 233-1896-1611 February 2020 Proposal Form