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HomeMy WebLinkAbout56036tAQ C� 9,43 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Northwest Corrosion Engineering ("Contractor"), whose mailing address is 10995 Warfield Road, Sedro-Wooley, WA 98284. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the services described in the proposal from Northwest Corrosion Engineering dated July 11, 2016, which is Attachment B. 2. TIME OF COMPLETION. Contractor shall complete the work within 420 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The total contract amount is $16,460. The City shall pay the Contractor $13,460, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. An additional $3000 has been designated as contingency, which shall be used only upon written authorization by the City. The City shall pay the Contractor fifty percent (50%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract, including applicable sales tax, is less than $25,000, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the owner retain the final fifty percent (50%) of the Contract amount for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. Retainage will not be held. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its Public Works Agreement July 2016 City of Bremerton/Northwest Corrosion Engineering Page 1 of 7 expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub -contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any fitrther monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached as Attachment A. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. if the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: Public Works Agreement July 2016 City of Bremerton/Northwest Corrosion Engineering Page 2 of 7 A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and detennination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and detennination). Public Works Agreemcnt July 2016 City of Bremerton/Northwest Corrosion Engineering Page 3 of 7 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indenmify and hold the City, its officer, 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 injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. Public Works Agrccment July 2016 City of Bremerton/Northwest Corrosion Engineering Page 4 of 7 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: 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 $2,000,000 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); and employer's liability. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 affinnative 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 6`h Street, Suite 600, 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 reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person Public Works Agreement July 2016 City of Bremerton/Northwest Corrosion Engineering Page 5 of 7 acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor 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. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing_ Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. Public Works Agreement July 2016 City of Bremerton/Northwest Corrosion Enginecring Page 6 of 7 K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR ' D�gOally signed by Vanessa Hailey Vanessa HaileyD. on V1nessattH,mq. ou Northwest C—..... on..... nnq,o matl=vanessa( nwcorrosion com, r -US Date 016027145526-07'00' (Signature) Vanessa Hailey THE CITY OF B MERTON ( ignature) Chal Martin (Printed Name) (Printed Name) Co -Owner Director, Public Works and Utilities (Title) (Title) 7/26/16 % - S- ILP (Date) Notices to be sent to: NORTHWEST CORROSION ENGINEERING: 10995 Wartield Road Sedro-Wooley, WA 98284 (360) 826-6321 (facsimile) APPROVED AS TO FORM: c(Z"." City Attorne 0 Public Works Agreement City of Bremerton/Northwest Corrosion Engineering (Date) Notices to be sent to: CITY OF BREMERTON: 345 Sixth Street Bremerton, WA 98310 (360) 473-5161 (facsimile) ATTEST: City Clerk July 2016 Page 7 of 7 THIS PAGE INTENTIONALLY LEFT BLANK PREVAILING WAGES (ATTACHMENT A) NORTHWEST CORROSION ENGINEERING FOR RESERVOIR 16 CATHODIC PROTECTION 7/14/2016 aboAblank ATTACHMENT A State of Washington Department of Labor & Industries Prevailing Wage Section - Telephone 360-902-5335 PO Box 44540, Olympia, WA 98504-4540 Washington State Prevailing Wage The PREVAILING WAGES listed here include both the hourly wage rate and the hourly rate of fringe benefits. On public works projects, worker's wage and benefit rates must add to not less than this total. A brief description of overtime calculation requirements are provided on the Benefit Code Key. Journey Level Prevailing Wage Rates for the Effective Date: 7/14/2016 County Trade Job Classification Wage Holiday Overtime Note Kitsap Laborers Air, Gas Or Electric Vibrating $43.95 7A 31 Screed Kitsap Laborers Airtrac Drill Operator $45.32 7A 31 Kitsap Laborers Ballast Regular Machine $43.95 7A 31 Kitsap Laborers Batch Weighman $37.26 7A 31 Kitsap Laborers Brick Pavers $43.95 7A 31 Kitsap Laborers Brush Cutter $43.95 7A 31 Kitsap Laborers Brush Hog Feeder $43.95 7A 31 Kitsap Laborers Burner $43.95 7A 31 Kitsap Laborers Caisson Worker $45.32 7A 31 Kitsap Laborers Carpenter Tender $43.95 7A 31 Kitsap Laborers Caulker $43.95 7A 31 Kitsap Laborers Cement Dumper -paving $44.76 7A 31 Kitsap Laborers Cement Finisher Tender $43.95 7A 31 Kitsap Laborers Change House Or Dry Shack $43.95 7A 31 Kitsap Laborers Chipping Gun (under 30 Lbs.) $43.95 7A 31 Kitsap Laborers Chipping Gun(30 Lbs. And Over) $44.76 7A 31 Kitsap Laborers Choker Setter $43.95 7A 31 Kitsap Laborers Chuck Tender $43.95 7A 31 Kitsap Laborers Clary Power Spreader $44.76 7A 31 Kitsap Laborers Clean-up Laborer $43.95 7A 31 Kitsap Laborers Concrete Dumper/chute Operator $44.76 7A 31 Kitsap Laborers Concrete Form Stripper $43.95 7A 31 Kitsap Laborers Concrete Placement Crew $44.76 7A 31 Kitsap Laborers Concrete Saw Operator/core $44.76 7A 31 Driller Kitsap Laborers Crusher Feeder $37.26 7A 31 Kitsap Laborers Curing Laborer $43.95 7A 31 Kitsap Laborers Demolition: Wrecking Et Moving $43.95 7A 31 (incl. Charred Material) Kitsap Laborers Ditch Digger $43.95 7A 31 about:blank 1/4 7/14/2016 abo&blank Kitsap Laborers Diver $45.32 7A 31 Kitsap Laborers Drill Operator (hydraulic, diamond) $44.76 7A 31 Kitsap Laborers Dry Stack Walls $43.95 7A 31 Kitsap Laborers Dump Person $43.95 7A 31 Kitsap Laborers Epoxy Technician $43.95 7A 31 Kitsap Laborers Erosion Control Worker $43.95 7A 31 Kitsap Laborers Faller Et Bucker Chain Saw $44.76 7A 31 Kitsap Laborers Fine Graders $43.95 7A 31 Kitsap Laborers Firewatch $37.26 7A 31 Kitsap Laborers Form Setter $43.95 7A 31 Kitsap Laborers Gabian Basket Builders $43.95 7A 31 Kitsap Laborers General Laborer $43.95 7A 31 Kitsap Laborers Grade Checker It Transit Person $45.32 7A 31 Kitsap Laborers Grinders $43.95 7A 31 Kitsap Laborers Grout Machine Tender $43.95 7A 31 Kitsap Laborers Groutmen (pressure)including Post $44.76 7A 31 Tension Beams Kitsap Laborers Guardrail Erector $43.95 7A 31 Kitsap Laborers Hazardous Waste Worker (level A) $45.32 7A 31 Kitsap Laborers Hazardous Waste Worker (level B) $44.76 7A 31 Kitsap Laborers Hazardous Waste Worker (level C) $43.95 7A 31 Kitsap Laborers High Scaler $45.32 7A 31 Kitsap Laborers Jackhammer $44.76 7A 31 Kitsap Laborers Laserbeam Operator $44.76 7A 31 Kitsap Laborers Maintenance Person $43.95 7A 31 Kitsap Laborers Manhole Builder-mudman $44.76 7A 31 Kitsap Laborers Material Yard Person $43.95 7A 31 Kitsap Laborers Motorman -dinky Locomotive $44.76 7A 31 Kitsap Laborers Nozzleman (concrete Pump, Green $44.76 7A 31 Cutter When Using Combination Of High Pressure Air Et Water On Concrete ft Rock, Sandblast, Gunite, Shotcrete, Water Bla Kitsap Laborers Pavement Breaker $44.76 7A 31 Kitsap Laborers Pilot Car $37.26 7A 31 Kitsap Laborers Pipe Layer Lead $45.32 7A 31 Kitsap Laborers Pipe Layer/tailor $44.76 7A 31 Kitsap Laborers Pipe Pot Tender $44.76 7A 31 Kitsap Laborers Pipe Reliner $44.76 7A 31 Kitsap Laborers Pipe Wrapper $44.76 7A 31 Kitsap Laborers Pot Tender $43.95 7A 31 Kitsap Laborers Powderman $45.32 7A 31 Kitsap Laborers Powderman's Helper $43.95 7A 31 Kitsap Laborers Power Jacks $44.76 7A 31 Kitsap Laborers Railroad Spike Puller - Power $44.76 7A 31 Kitsap Laborers Raker - Asphalt $45.32 7A 31 Kitsap Laborers Re-timberman $45.32 7A 31 about:blank 214 7/14/2016 about:blank Kitsap Laborers Remote Equipment Operator $44.76 7A 31 Kitsap Laborers Rigger/signal Person $44.76 7A 31 Kitsap Laborers Rip Rap Person $43.95 7A 31 Kitsap Laborers Rivet Buster $44.76 7A 31 Kitsap Laborers Rodder $44.76 7A 31 Kitsap Laborers Scaffold Erector $43.95 7A 31 Kitsap Laborers Scale Person $43.95 7A 31 Kitsap Laborers Sloper (over 20") $44.76 7A 31 Kitsap Laborers Sloper Sprayer $43.95 7A 31 Kitsap Laborers Spreader (concrete) $44.76 7A 31 Kitsap Laborers Stake Hopper $43.95 7A 31 Kitsap Laborers Stock Piler $43.95 7A 31 Kitsap Laborers Tamper Et Similar Electric, Air Et $44.76 7A 31 Gas Operated Tools Kitsap Laborers Tamper (multiple Et Self- $44.76 7A 31 propelled) Kitsap Laborers Timber Person - Sewer (tagger, $44.76 7A 31 Shorer Et Cribber) Kitsap Laborers Toolroom Person (at Jobsite) $43.95 7A 31 Kitsap Laborers Topper $43.95 7A 31 Kitsap Laborers Track Laborer $43.95 7A 31 Kitsap Laborers Track Liner (power) $44.76 7A 31 Kitsap Laborers Traffic Control Laborer $39.84 7A 31 Kitsap Laborers Traffic Control Supervisor $39.84 7A 31 Kitsap Laborers Truck Spotter $43.95 7A 31 Kitsap Laborers Tugger Operator $44.76 7A 31 Kitsap Laborers Tunnel Work -Compressed Air $74.29 7A 31 Worker 0-30 psi Kitsap Laborers Tunnel Work -Compressed Air $79.32 7A 31 Worker 30.01-44.00 psi Kitsap Laborers Tunnel Work -Compressed Air $83.00 7A 31 Worker 44.01-54.00 psi Kitsap Laborers Tunnel Work -Compressed Air $88.70 7A 31 Worker 54.01-60.00 psi Kitsap Laborers Tunnel Work -Compressed Air $90.82 7A 31 Worker 60.01-64.00 psi Kitsap Laborers Tunnel Work -Compressed Air $95.92 7A 31 Worker 64.01-68.00 psi Kitsap Laborers Tunnel Work -Compressed Air $97.82 7A 31 Worker 68.01-70.00 psi Kitsap Laborers Tunnel Work -Compressed Air $99.82 7A 31 Worker 70.01-72.00 psi Kitsap Laborers Tunnel Work -Compressed Air $101.82 7A 31 Worker 72.01-74.00 psi Kitsap Laborers Tunnel Work-Guage and Lock $45.42 7A 31 Tender Kitsap Laborers Tunnel Work -Miner $45.42 7A 31 Kitsap Laborers Vibrator $44.76 7A 31 Kitsap Laborers Vinyl Seamer $43.95 7A 31 about:blank 8R 8R 89. Q 80 Q 02 Q ME 7/14/2016 about:blank Kitsap Laborers Watchman $33.86 7A 31 4 Kitsap Laborers Welder $44.76 7A 31 Kitsap ..........._... Laborers ........ _...... ....... .............. .......... Well Point Laborer _............ _...... $44.76 7A 31 'Kitsap Laborers Window Washer/cleaner _............. $33.86 . 7A 31 Kitsap :Laborers - Underground Sewer Et General Laborer Et Topman $43.95 7A 31 Water Kitsap Laborers - Underground Sewer Et Pipe Layer $44.76 7A 31 =Water Kitsap Landscape Construction Irrigation Or Lawn Sprinkler $9.47 1 Installers Kitsap Landscape Construction Landscape Equipment Operators Or $10.05 1 Truck Drivers Kitsap Landscape Construction Landscaping Or Planting Laborers $12.92 1 Kitsap Plumbers Et Pipefitters Journey Level $65.52 5A JG J. Kitsap Sheet Metal Workers Journey Level (Field or Shop) $72.83 7F JE ` about.blank 4/4 THIS PAGE INTENTIONALLY LEFT BLANK ATTACHMENT B July 11, 2016 orthwest Corrosion Engineering Mr. William Davis, P.E. 10995 Warfield Road, Sedro-Woolley, WA 98284 City of Bremerton Phone: (360) 826-4570 Fax: (360) 826-6321 3027 Olympus Drive Bremerton, WA 98310 SUBJECT: Reservoirs 16 — Cathodic Protection Design/Build Proposal Mr. Davis, Northwest Corrosion Engineering appreciates the opportunity to provide you with this design/build proposal for an interior galvanic anode cathodic protection system for Reservoir 16. Specific tasks associated with this proposal include: SCOPE Provide drawings and specifications for a galvanic anode cathodic protection system. The design shall provide corrosion control to the internal submerged surfaces Reservoir 16 for a minimum of 15 years. The design will include catalog cuts of materials that will be used for the installation. All cathodic protection materials in contact with the reservoir water will be NSF -61 rated. Supply labor, equipment, materials, and installation of the designed cathodic protection system. NOTE: The anode handholes will be drilled during the coating application work. Once all coating work is completed, an additional site visit will be made to install remaining system components. 3. After the reservoir has been filled, complete a system checkout and provide a commission report to the City. The report will include all commissioning data, data analysis, installation photographs, conclusions, and recommendations for continued proper operation. 4. Complete a one-year inspection of the cathodic protection equipment. BUDGET 1. Design, installation, and testing: $8,800 2. Materials: $4,660, not including WSST 3. Contingency: $3,000 4. Estimated Total: $16,460 All work associated with this proposal will be completed by Registered Professional Engineer (WA) and NACE Certified Cathodic Protection Specialist. Sincerely, Northwest Corrosion Engineering Jeremy A. Hailey, P.E. ��a- .mos A4E�?!CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 8/11/2016 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 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 Wycoff Insurance Agency Inc. 501 South 2nd Street CONTACT ll NAME: Molly Saben AH�NE o,pxt (360) 336-2112 No): (360) 336-5291 E-MAIL S Moll ADDRESS: y [JwyCOff].nSuranCe.COm P. 0. BOX 1010 Mount Vernon WA 96273 INSURER(S) AFFORDING COVERAGE NAIC k INSURERA:Ohio Security Insurance Co. 24082 INSURED Northwest Corrosion Engineering LLC INSURER B :Ohio Casualty Insurance Co. -2-4 74 INSURERC:Houston Casualty Co__ 10995 Warfield Road INSURER D: INSURER E: EACH OCCURRENCE $ 1,000,000 A Sedro-Woolley WA 98264 1 INSURER F: ° l�lltl CRNIf LJ GCK 1 cru ]d F rur rnauer.w• n— i All 11.r. nr••nn.r.., . 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 LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/D/YLICY EF Y POLICY EXP (YY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS -MADE a OCCUR OA AGTO RENTED _ PREMISES Eaoccurrence $ 11 000 , 000 MED EXP (Any one person) $ 15,000 BKS57099885 1/21/2016 1/21/2017 _ PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO [7I LOC JECT PRODUCTS -COMPlOPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY LIMIT $ 11000,000 _EUEa aBINE5ISINGLE BODILY INJURY (Per person) S A ANY AUTO ALL OS SCHEDULEDBAS57099885 AUTOS AUTOS 1 21/2016 / 1/21/2017 BODILY INJURY (Per accident $ )X HIREDAUTOS NON -OWNED AUTOS IX PROPERTY DAMAGE $ {Per oxidant $ X UMBRELLA L.IAB X OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESS UAB CLAIMS MADE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000 $ US057099885 1/21/2016 1/21/2017 WORKERS COMPENSATION PER 0 - AND EMPLOYERS' LIABILITY YIN I STATUTE ER E.L. EACH ACCIDENT Is ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICERNEMBER EXCLUDED? ElNIA E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If es, describe under E.L. DISEASE - POLICY LIMIT I $ DESCRIPTION OF OPERATIONS below C PROFESSIONAL LIABILITY BCC15218412 12/15/2015 12/15/2016 EACH CLAIM $2,000,000 CLAIMS MADE AGGREGATE $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF BREMERTON, ITS OFFICIALS, EMLOYEES, AGENTS AND VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS PER ATTACHED FORM CGO810 04/13 AND CA8810 01/10. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY AND A WAIVER OF SUBROGATION EXISTS IN FAVOR OF CERTIFICATE PER SAME FORMS ATTACHED. �� � 1rN17lrCt_LH �IVIY CITY OF BREMERTON 3027 OLYMPUS DR BREMERTON, WA 98310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION All rinhfe wenrvnd ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025 (201401) 2 r 1, Document editions: 04101/13110/01/09 1 12/01/03 RCG I Commercial General Liability Forms 104/01/13 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under'the following: . COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT NON -OWNED AIRCRAFT NON -OWNED WATERCRAFT PROPERTY DAMAGE LIABILITY — ELEVATORS EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) MEDICAL PAYMENTS EXTENSION EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B ADDITIONAL INSUREDS — BY -CONTRACT, AGREEMENT OR PERMIT PRIMARY AND NON-CONTRIBUTORY— ADDITIONAL INSURED EXTENSION ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED — FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES FAILURE TO'DISCLOSE HAZARDS AND PRIOR OCCURRENCES i KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT LIBERALIZATION CLAUSE BODILY INJURY REDEFINED EXTENDED PROPERTY DAMAGE WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance services Office, Inc., with its permission. PAGE 2 2 2 2 3 3 3 5 6 6 7 7 7 7 7 8 8 Page i of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property' Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: C A This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts' Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; .or (11) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section IIII — Limits of Insurance. CG 8810 0413 Includes c © 2013 Liberty Mutual Insurance copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 l' b. The last paragraph of subsection 2. Exclusions is replaced by the following.- Exclusions ollowing:Exclusions c. through n. do not'apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance, is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you.; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B ' 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. i. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under'Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is. committed, subsequent to the signing of such written contract or written agreement; or 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by.you or used by you; or' c: The maintenance; operation or use by you of equipment rented or leased to you by such person or organization; or d. "Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This' insurance does not -apply to. "bodily injury", °property=damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard": (3) Insurance applies to: premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away.openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: . 1. The insurance afforded to such additional insured only applies toJhe extent permitted by law; and 2. If coverage provided to the additional insured is required by a. contract or agreement, the insurance afforded to such additional insured will not be broader than that which.you are required by. -the contract or agreement to provide for such additional, insured. With respect to. Paragraph 1.a: above; a person's or organization's status as an. additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service,, maintenance or repairs) to be -performed by or on behalf of the additional insured(s) at the'location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization.other than another_contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as anadditional insured under this endorsernerit ends when their written contract or written, agreement with you for such premises or facilities ends. With respects to.Paragraph 1.c. above, this -insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the.written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after:. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS. endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: if an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance services office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b, Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess; contingent or on any other basis for which. the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence"'or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and ` C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit' by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not, in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11- WIPo Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury".- (a) njury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance. Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section 11- Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial Generai Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "ocicurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. 0. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. ® 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a..of-COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following-- a. ollowing:a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED INA CONTRACT OR AGREEMENT WITH YOU Under Section -IV — Commercial General Liability Conditions, the following is added to 1Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs -subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 Of 8 ©Regional Companies Group ACCAR&CERTIFICATE OF LIABILITY INSURANCE DATE(MMDDNYYY) ­ ­­ ­ _- TYPE OF INSURANCE 1/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 Molly Saben NAMEWycoff Insurance Agency Inc. PHONE E. (360) 336-2112 FAX N0: (360)336-5241 503. South 2nd Street EMAIL Molly S coffinsurance.com ADDRESS: @wY P. 0. BOX 1010 INSURERS AFFORDING COVERAGE NAIC p INSURERA:Ohio Security Insurance CO. 24082 Mount Vernon WA 98273 INSURED INSURERB:Ohio Casualty Insurance Co. 24074 Northwest Corrosion Engineering, LLC INSURER C:Houston Casualty Co 10995 Warfield Rd INSURER D: _MED PERSONAL BADV INJURY $ 1,000,000 INSURER E EMU 4 Sedro Woolley WA 98284 INSURER F: GUvil-- LS all l i ah THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOV 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 LTR ­ ­­ ­ _- TYPE OF INSURANCE ADDL SUBRI POLICY NUMBER MMDDY EFF MM DDI POLEXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (E 1,000,000 a occurrence) $ E_XP(Any one person) 15,000 BKS57099885 1/21/2017 1/21/2016 _MED PERSONAL BADV INJURY $ 1,000,000 GEMLAGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS- COMP/OP AGG $ 2,000,000 LE'XE $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ A ___....... ANY AUTO ALLOWNED'1X SCHEDULED AUTOS AUTOS BA557099885 1/21/2017 1/21/2018 BODILY INJURY (Per accident) $ . X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 B EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ 10,000 $ US057099885 1/21/2017 1/21/2018 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERlEXECUTIVE OFFICERIMEMBER EXCLUDED? ❑ NIA I OTH- STATUTEI ER ......... E.L. EACH ACCIDENT $ _ E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below C PROFESSIONAL LIABILITY HCC1622325 12/15/2016 12/15/2017 EACH CLAIM $2,000,000 CLAIMS'MADE - AGGREGATE - $2,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) -CITY OF BREMERTON, ITS OFFIC ALS, EMLOYEES, AGENTS ;NF VOLUNTEERS ARE ADDED AS ADDITIONAL INSUREDS PER ATTACHED FORM CG8810 04/13 AND CA8810 01/10. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY AND A WAIVER OF SUBROGATION EXISTS IN FAVOR OF CERTIFICATE PER SAME FORMS ATTACHED. / CITY OF BREMERTON 3027 OLYMPUS DR BREMERTON, WA 98310 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE 1988-2014 ACORD C[1RP(1PATInKI All .Ink►. ­e., -A ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) b. The last paragraph of subsection'2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following.- 6. ollowing:6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's, Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows.- Under ollows: Under Paragraph 1. Insuring Agreement of Section I — Coverage,C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3;000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury;Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is1replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim .or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily, injury", "property damage" or "personal and advertising injury" caused in whole-orin part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent.to the signing of such written contract or written agreement; or Q 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the " following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; osures• or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to suchr additional insured will not be broader than that which you are. required by the contract or agreement to 'provide for such additional insured. With respect to Paragraph 1.a. above, a person's. or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by o� on behalf of the additional insured(s) at the location of the covered operations has been completed; or - (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from.the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. C. "Bodily, injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: {1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required 'by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION /This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the, additional insured's policy for damages we cover. CG 88 10 04 13 © 2413 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary, or primary and non-contributory, this insurance is excess over any other'insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO 1S AN INSURED -'INCIDENTAL MEDICAL ERRORS i' MALPRACTICE WHO IS AN INSURED -; FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section Il - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": I (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or.repay someone else whc-must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph (d)) does not apply. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes' copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A / CONTRACT OR AGREEMENT WITH YOU Under Seaton IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. © 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 ©Regional Companies Group (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 11 - LIABILITY COVERAGE, paragraph AA. - 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 endorse- ment 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 re- lated 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 Hermit 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, para- graphs (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 earn- ings 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 D1 10 Includes copyrighted material of Insurance Services,office Inc., with its Permission. Page 2 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 followings 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. 02010 Liberty Mutual Insurance Company. All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 6 of 7