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HomeMy WebLinkAbout6024 1 PROFESSIONAL SERVICES AGREEMENT Kitsap Lake IAVMP and Phosphorus Reduction Plan Update The City of Bremerton ("City") and AquaTechnex, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 21, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B;provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed $22,000, including applicable sales tax. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's lump sum charges are identified in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 IV. Relationship of Parties: Consultant represents that it is skilled irf< the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to,compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business&Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 2 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000: and 6. Pollution Liability Insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. Page 3 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed underjthis Agreement are the property of the City. All written information submitted by the City to the Cbnsultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it,or is rightfully obtained by the Consultant from third parties,Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bellingham, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. Page 4 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement on Kitsap Lake and at its offices in Bellingham, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices,or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Chance Berthiaume Attn: Terry McNabb City of Bremerton AquaTechnex, LLC 100 Oyster Bay Ave N. PO Box 30824 Bremerton, WA 98312 Bellingham, WA 98228 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred Page 5 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted accordingto the g � laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in thel Scope of Work current through the termination date. If the City receives reimbursement by any federal, state,or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting,or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten(10)calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. Page 6 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm,Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Aquatechnex, LLC. y: By: Print me: Thomas Knuckey Print Na -: _ N , _( Its: Public Works& Utilities Director Its: Date: ��Z /9 Date: NI 20( APPROVED AS TO FORM: ATTEST: By: By: .f Cb Roger A. Lubovich, Bremerton City Attorney Angela Wo s, City Clerk R:\Legal\Legal\Fors\FORMS ON COB WEB\Professional Services Agreement Rev.07 2018.docx Page 7 of 12 Bremerton/AnuaTechnex.LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 Kitsap Lake IAVMP and Phosphorus Reduction Plan Update BACKGROUND Kitsap Lake is an important freshwater resource for the City of Bremerton and Kitsap County. The lake, open for fishing year-round, offers largemouth bass and bluegill and is stocked with rainbow trout. Kitsap Lake Park has a boat ramp, and has been a popular spot for swimming, kayaking, and other types of contact recreation. Over the past five years(2014 - 2018), Kitsap Public Health closed the lake for 105 weeks (40% of 4 years)due to toxic algae blooms. Elevated E. coli caused closures at Kitsap Lake Park three times during the summer in 2018. Aquatic species have overgrown the swimming and boat launch areas at Kitsap Lake Park and along the shoreline and south end of the lake. The Kitsap Lake Phosphorus Reduction Plan, completed in 2011 by Kitsap Public Health District, identified excess nitrogen and phosphorus as contributors to blue-green algae blooms and water quality degradation. Lake bottom sediment was identified as a major contributor to elevated phosphorus levels. The 1999 Integrated Aquatic Plant Management Plan linked poor water quality and safety issues to aquatic vegetation. Aquatic vegetation exacerbates algae by retaining sediments and adding organic material through decomposition in the winter months. This is a planning effort with implementation to follow in a separate contract. PROJECT DESCRIPTION To address these problems, the City desires an updated Integrated Aquatic Vegetation Management Plan (IAVMP) and an updated Phosphorus Reduction Plan as a separate deliverables to define a program to restore and protect water quality, habitat, and recreational use for the benefit of people, wildlife, and fish. The updated IAVMP will: • Describe identification and extent of invasive aquatic species. • Evaluate treatment/management alternatives (i.e. prevention, mechanical, biological, habitat alteration,or chemical control). • Develop long range treatment/management recommendations with funding strategies. The updated Phosphorus Reduction (Algae Control) Plan will: • Collect and incorporate new water and sediment quality data and bathymetric survey results. • Develop long range treatment/management recommendations with funding strategies. • Develop alum treatment plan that includes frequency and quantity with current cost estimates. Page 8 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 Exhibit A August 21 ,2019 SCOPE OF WORK • Prepare and submit to Washington State Department of Ecology a "Notice of Intent"for the Aquatic Plant and Algae Management General Permit. Perform hydro-acoustic survey of Kitsap Lake and develop three high resolution maps: 1. Bathymetry map to calculate water volume in the lake to be used for sampling station selection and to understand the shape of the lake bottom. 2. Aquatic plant biovolume map that shows the shape and extent of all submerged aquatic plant communities and the percent of the water column they occupy. Calculate acres of plants present and map by species. 3. Bottom hardness map that shows composition of lake sediments throughout the lake. • IAVMP Update: Perform aquatic vegetation mapping and water quality sampling to obtain information necessary to develop a treatment plan for aquatic vegetation. 1. Travel to all aquatic plant beds identified through hydro-acoustic mapping via boat with DGPS data loggers and map species present. Add data to project GIS maps for analysis and recommendations for treatment. • Phosphorus reduction plan update: 2. Use bathymetry map to select at least 10 sampling stations in the deepest parts of the lake for dissolved oxygen/temperature profiling, and collect data using a multi parameter probe and data logger. Collect data for each foot of depth from surface to lake bottom at these locations. Use data points to develop a profile that shows where lake stratification is occurring. Adjust the bathymetric map to show the location of thermocline and determine the water volume above and below. 3. Collect two water samples from five stations for total and free reactive phosphorus- one sample above the thermocline and one below at each location. These data will be used to calculate the phosphorus sequestering dose necessary for the water column. 4. Collect five level-one lake sediment samples for phosphorus analysis and fractioning. This will help determine the dose necessary to deal with long term sediment capping with phosphorus sequestering dose. • Assemble and analyze data and generate a treatment plan and recommendation for aquatic plant management focused on invasive aquatic weeds and a plan to dose the lake with a phosphorus sequestering technology to mitigate hazardous algae blooms. Provide options for management based on findings of the work, budgets for management efforts, and recommended steps to move forward. SERVICES PROVIDED BY CONSULTANT • Provide City Project Manager with a compiled data request to support project development. • Provide new data and reports as requested by the City Project Manager. • Complete the scope of work described above and invoice for associated tasks. Page 9 of 12 Bremerton/ AquaTechnex, LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 • Provide copies of all data collected and GIS layers (compatible with ESRI AcrMap) in digital format by March 31, 2020. • Meet with City staff to review data, maps, and planned update of the IAVMP and the Phosphorus Reduction Plan. • Present the update and conclusions to City staff and Kitsap Lake property owners • Submit final Updated IAVMP for review and acceptance. • Submit final Updated Phosphorus Reduction Plan for review and acceptance. SERVICES PROVIDED BY THE CITY OF BREMERTON The services provided by the City of Bremerton include, but are not necessarily limited to, the following: • Furnish all reasonably available records, drawings, and information in a timely manner. • Provide a copy of pertinent planning documents. • Provide staff support and assistance as required and agreed to in advance of award. EXHIBIT B - Work Schedule Mobilize, perform hydro-acoustic bathymetry map, aquatic plant September biovolume map, and bottom hardness map: 2019 Create maps and GIS layers: September 2019 Mobilize to perform DO/Temp profile, collect P and sediment September sampling with core 2019 Laboratory cost for phosphorus samples (free, reactive, and total) Sept-Dec 2019 Laboratory cost Level 1 sediment sampling Sept-Dec 2019 Assemble data, present preliminary information to the City and Sept-Dec develop final IAVMP update and final Phosphorus Mitigation 2019 Plan Page 10 of 12 Bremerton/ AquaTechnex, LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 Exhibit C - Fee Schedule Lump Sum Meet with City to review project goals, expectations, and data $250 transfer. Mobilize, perform hydro-acoustic bathymetry map, aquatic plant $1,750 biovolume map, and bottom hardness map: Create maps and GIS layers: $750 Mobilize to perform DO/Temp profile, collect P and sediment $2,750 sampling with core Laboratory cost for phosphorus samples (free, reactive, and total) $1,500 Laboratory cost Level 1 sediment sampling $3,000 Assemble data, present preliminary information to the City and $5,000 develop final IAVMP update and final Phosphorus Mitigation Plan Present project summaries with City project manager to lake $250 property owners at public meeting Contingency 20% $3,050 Washington State Sales Tax 9% $1,373 Total Cost $19,673 Page 11 of 12 Bremerton/ AquaTechnex, LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 This page was intentionally left blank Page 12 of 12 Bremerton/AquaTechnex,LLC Kitsap Lake IAVMP and Phosphorus Reduction Plan Update Rev.07/2018 DATE(MM/DD/YYYY) AC D CERTIFICATE OF LIABILITY INSURANCE 8/27/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Hub International Northwest LLC PHONE FAX 110 Unity St. (AIC.No.Ext):360-647-9000 (A/C,No):360-734-8496 Bellingham WA 98225 ADDRESS: now.bellinghaminfo@hubintemational.com INSURER(S)AFFORDING COVERAGE NAM* INSURER A:Admiral Insurance Company 24856 INSURED AQUALLC-03 INSURER B:Ohio Security Insurance Company 24082, AquaTechnex LLC DBA H2O Technex INSURER C: PO Box 30824 INSURER D: Bellingham WA 98228 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1572619159 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD,WVD POLICY NUMBER (MDDIYYYY) (MMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY Y V FEIECC1651206 7/15/2019 7/15/2020 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) $50,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X_ JE C LOC PRODUCTS-COMP/OP AGG' $4,000,000 _ ' OTHER: Deductible $5,000 B 'AUTOMOBILE LIABILITY V V BAS57913454 3/22/2019 3/22/2020 COMBINEDcident)SINGLE LIMIT $1,000,000 (Ea ac X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED UTOBODILY INJURY(Per accident) $ A HIREDS ONLY AUTOS NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ _ DED I RETENTIONS $ A WORKERS COMPENSATION V I FEIECC1651206 ' 7/15/2019 7/15/2020 PER X OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER WA Stop Gap ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under I DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional FEIECC1651206 7/15/2019 7/15/2020 Aggregate 5,000,000 Pollution 1 Each Claim 1,000,000 Deductible 5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Per policy forms and conditions.Automatic Additional Insured Owners Lessees,or Contractors form ECC-319-0712;Automatic Waiver of Subrogation form ECC-320-0712;Blanket Primary and Non-Contributory Endorsement form ECC-548-0712;Blanket Additional Insured Owners Lessees or Contractors form CG 20 37 07 04;Designated Construction Project General Aggregate Limit form CG 25 03 03 97;Business Auto Coverage Enhancement Endorsement form CA 88 10 01 10. RE:Kitsap Lake IAVMP and Phosphorus Reduction Plan Update. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton Public Works&Utilities 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 O ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD /Ai; H2O Technex; quatechnex LLC dba: t I, E dorsement Number: 5 ADMIRAL =.. Automatic Additional Insured — Owners, Lessees or Contractors This endorsement,effective 7/15/2018 attaches to and forms a part of Polly Number FEI-ECC-16512-05.This endorsement changes the Policy. Please read it arefully. � IIS In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Nam Insured agrees,in a written contract,to name as an additional insured However, this status exists only for the project specified in that contrast. The person or organization shown in this Schedule is incl i ded as an insured,but only with respect to that person's or organization's vicaris us liability arising out of your ongoing operations performed for that insured. ECC-319-0712 H2O Technex;Aquatechnex LLC dba: 4� Endorsement Number: 6 Automatic Waiver of Subrogation Endorsement This endorsement,effective 7/15/2018 attaches to and forms a part of Policy Number FEI-ECC-16512-05.This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person(s)or organization(s)to whom the Named Insured agrees,in a written contract,to provide a waiver of subrogation. However,this status exists only for the project specified in that contract. The Company waives any right of recovery it may have against the person or organization shown in the above Schedule because of payments the Company makes for injury or damage arising out of the insured's work done under a contract with that person or organization. The waiver applies only to the person or organization in the above Schedule. Under no circumstances shall this endorsement act to extend the policy period, change the scope of coverage or increase the Aggregate Limits of Insurance shown in the Declarations. ECC-320-0712 /''• H2O Technex; quatechnex LLC dba: � En orsement Number: 19 Automatic Primary and Non-Contributo Insurance Endorsement Designated Work Or Project(s) This endorsement,effective 7/15/2018 attaches to and forms a part of Policy Number FEI-ECC-16512-05.This endorsement changes the Policy. Please read it carefully. This endorsement modifies insurance provided under the Coverage Part(s) indicated below: COMMERCIAL GENERAL LIABILITY COVERAGE CONTRACTORS POLLUTION LIABILITY COVERAGE PROFESSIONAL LIABILITY COVERAGE SCHEDULE Name of Person or Organization: Any person(s)or organization(s)whom the Named Insured agrees,in a written contract, to provide Primary and/or Non-contributory status of this insurance. However,this status exists only for the project specified jin that contract. In consideration of an additional premium of SApplied and notwithstanding anything contained in this policy to the contrary,it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party. It is further agreed that any other insurance which the person(s)or organization(s)named in the schedule may have is excess and non- contributory to this insurance. ECC-548-0317 /F;1 H2O Technex;Aquatechnex LLC dba: � Endorsement Number: 28 mat Additional Insured — Owners, Lessees or Contractors — Completed Operations This endorsement,effective 7/15/2018 attaches to and forms a part of Policy Number FEI-ECC-16512-05.This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied, this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person(s)or organization(s)whom the Named Insured Those project locations where this agrees,in a written contract,to name as an additional insured. endorsement is required by contract. However,this status exists only for the project specified in that contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section II—Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the Schedule,but only with respect to liability for"bodily injury"or"property damage" caused,in whole or in part,by "your work"at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the"products- completed operations hazard". CO 20 37 07 04 © ISO Properties, Inc., 2004 H2O Technex; quatechnex LLC dba: En orsement Number: 29 ewMu Designated Construction Project(s) General Aggregate Limit This endorsement,effective 7/15/2018 attaches to and forms a part of Policy Number FEI-ECC-16512-05.This endorsement changes the Policy. Please read it carefully. In consideration of an additional premium of$Applied,this endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: Those construction projects of the Named Insured wh•n agreed to and required under written contract. However,this cover.ge only applies for the project specified in that contract. (If no entry appears above, information required to co iplete this endorsement will be shown in the Declarations as applicable to this eneorsement.) A. For all sums which the insured becomes legally oblig.ted to pay as damages caused by"occurrences"under COVERAGE A(SEC ION 1),and for all medical expenses caused by accidents under COVE' GE C(SECTION 1), which can be attributed only to operations at a single i esignated"location" shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated 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". CG 25 03 03 97 Copyright,Insurance Services Office,Inc.,1996 H2O Technex;Aquatechnex LLC dba: 11 i Endorsement Number: 29 AW MAW 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 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 Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by`occurrences"under COVERED A(SECTION I),and for all medical expenses caused by accidents under COVERAGE C(SECTION 1), which cannot be attributed only to operations at a single designated construction project shown in the Schedule above: 1. Any payments made under COVERAGE A for the 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 Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the`products-completed operations hazard"is provided,any payments for damages because of "bodily injury"or"property damage"included in the"products-completed operations hazard"will reduce the Products-Completed Operation Aggregate Limit,and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated 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 Limits Of Insurance(SECTION IIl)not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 03 03 97 Copyright,Insurance Services Office,Inc.,1996 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITICAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE — BROADENED COVERAGE 10 GLASS REPAIR—WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE—ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 19 SECTION II— LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION II — LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II—LIABILITY COVERAGE, paragraph A.1. —WHO IS AN INSURED is amended to include the following as an insured: f. Any"employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the"employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II—LIABILITY COVERAGE, paragraph A.1.—WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for"bodily injury" or"property damage" caused by an "accident"which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II — LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, paragraphs (2) and (4) are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic 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$500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II — LIABILITY, exclusion B.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto"you own or hire. SECTION III—PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any"auto"you own, then the Physical Damage coverages provided are extended to"autos": a. You hire, rent or borrow; or ©2010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 2 of 7 b. Your"employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for"loss"in any one "accident"or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the"loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto"you own. D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: (1) Any"auto"that is hired, rented or borrowed with a driver; or (2) Any"auto"that is hired, rented or borrowed from your"employee". For the purposes of this provision, SECTION V—DEFINITIONS is amended by adding the following: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION Ill —PHYSICAL DAMAGE COVERAGE, paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck"or"medium truck" is disabled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight(GVW)of 10,000 pounds or less. c. For"medium trucks" , we will pay up to$150 per disablement. "Medium trucks"are trucks that have a gross vehicle weight(GVW)of 10,001 —20,000 pounds. However, the labor must be performed at the place of disablement. 8. PHYSICAL DAMAGE-ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION Ill — PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of$50 per day and a maximum limit of$1,500 ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III —PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the"accident"or"loss"to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e. If"loss" results from the total theft of a covered "auto" of the private passenger type,we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects"as defined in provision 11. 10. EXTRA EXPENSE -BROADENED COVERAGE Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, we will pay for the expense of returning a stolen covered "auto"to you. The maximum amount we will pay is $1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III — PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for"personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V—DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects"does not include tools, equipment,jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III —PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill — PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclusions 4.c. and 4.d. is deleted and replaced with the following: ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 4 of 7 Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto"at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the"loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the date of the"loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a"Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the"loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto"that incurred the loss. C. SECTION V—DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A"balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III — PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the"auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The"loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV- BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV — BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of"accident", claim, "suit"or"loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (1) How, when and where the "accident"or"loss"took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV— BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV — BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V— DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V—DEFINTIONS, definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A.—CANCELLATION condition applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancellation. ©2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office,with its permission. Page 7 of 7