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HomeMy WebLinkAbout6003Page 1 of 2 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. #003 to CITY CONTRACT # 6003, BETWEEN THE CITY OF BREMERTON AND TSI- TRANSPORTATION SOLUTIONS, INC. PROJECT Bremerton Traffic Model and Signal Study CONSULTANT TSI – Transportation Solutions, Inc. DATE May 10, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and TSI- Transportation Solutions, Inc on July 12, 2019; modified on October 18, 2019 (CM #001), and again on February 26, 2020 (CM#002). All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I.Scope , is modified as follows: NO CHANGE Section II. Term , is modified as follows: The overall contract term shall be extended to June 30, 2022. Section III. Compensation , is modified as follows: NO CHANGE II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs DocuSign Envelope ID: 33A7FB8D-8D43-479C-8A85-7D13DAA157FF Page 2 of 2 Contract Modification Rev. 10/2019 and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name:Victor Salemann Print Name: Its:President Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Victor Salemann Shane Weber TSI- Transportation Solutions, Inc. City of Bremerton Engineering 8250 165th Avenue NE, Suite 100 345 6th Street, Suite 100 Redmond, WA 98052 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2021.05.28 15:27:03-07'00' DocuSign Envelope ID: 33A7FB8D-8D43-479C-8A85-7D13DAA157FF 6/8/2021 Greg Wheeler Mayor 6/11/2021 AGENDA BILL CITY OF BREMERTON 6CCITYCOUNCIL SUBJECT: Professional Services Study Session Date: June 26, 2019 Agreement with Transportation Solutions COUNCIL MEETING Date: July 3, 2019 Inc. (TSI) for City Traffic Operations Model Department: Engineering and Signal Study Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The Professional Services Agreement provides for creation of city-wide travel demand and signalized intersection operations models, two 6th Street and 11th Street Corridor Studies and draft code language to implement a concurrency management system. The first corridor study will toveevaluatea6 Street Road Diet configuration consistingof a three-lane roadway (two-way plus centerY turn lane) and bike lanes. The second corridor study will evaluate a one-way couplet conversion for 6th Street and 11th Street with three lane roadways on both streets. The concurrency management scope will allow the compound effects to traffic from multiple development projects to be evaluated in a streamlined manner. ATTACHMENTS: 1) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The study is budgeted in the Transportation Capital Fund and funded by the stormwater utility tax at $100,000. STUDY SESSION AGENDA: x Limited Presentation Full Presentation STUDY SESSION ACTION: x Consent Agenda ©General Business Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 TT • CONTRACT MODIFICATION # 2 AGREEMENT NO. # 6003 BETWEEN THE CITY OF BREMERTON AND TSI- TRANSPORTATION SOLUTIONS, INC. PROJECT Bremerton Traffic Model and Signal Study CONSULTANT TSI —Transportation Solutions, Inc. DATE 02/21/2020 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and TSI- Transportation Solutions,Inc on July 12, 2019, modified on Contract Modification #1 on 10/18/2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: A Management Reserve Fund (MRF) will be added and is to be used for unforeseen added work that is not included in this agreement. The consultant shall obtain written authorization from the City prior to do any work under the MRF. Consultant compensation for work done under the MRF must be approved by the City prior to doing the work. The amount for the Management Reserve Fund will not exceed $10,000.00. Section II. Term , is modified as follows: The overall contract term shall be extended to June 30, 2021.This does not modify or otherwise change the completion date specified for the work to be performed in Contract Modification #1. That date shall remain as December 31, 2020. Section III. Compensation , is modified as follows: The original contract amount was One Hundred Thousand Dollars ($ 100,000.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Ten Thousand Dollars ($ 10,000.00) for a total amended contract amount of One Hundred Ten Thousand Dollars ($ 110,000.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. Page 1 of 2 Contract Modification Rev. 10/2019 0 The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item,including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition,Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above.City Engineer/Public Works Director approved to process /( ' Zi// -((Z.ô (Initials and Date) CONSULTANT THE CITY OF BREMERTON 'By: f,c'_ By: PrintName: Victor L. Salemann Print Na : Greg Wheeler Its: President Its: Mayor Date: February 21, 2020 Date: 2., I Z 4 I Z02.0 APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Victor Salemann Shane Weber TSI- Transportation Solutions, Inc. City of Bremerton Engineering Dept. 8250 165th Avenue NE, Suite 100 345 6th Street Suite 100 Redmond, WA 98052 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx Page 2 of 2 Contract Modification Rev. 10/2019 AGENDA BILL CITY OF BREMERTON 6C CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 26, 2019 Agreement with Transportation Solutions COUNCIL MEETING Date: July 3, 2019 Inc. (TSI) for City Traffic Operations Model Department: Engineering and Signal Study Presenter: Shane Weber Phone: (360) 473-2354 SUMMARY: The Professional Services Agreement provides for creation of city-wide travel demand and signalized intersection operations models, two 6th Street and 11th Street Corridor Studies and draft code language to implement a concurrency management system. The first corridor study will to v - e evaluate a 6 Street Road Diet configuration consistingof a three-lane roadway (two-way plus center ( Y turn lane) and bike lanes. The second corridor study will evaluate a one-way couplet conversion for 6th Street and 11th Street with three lane roadways on both streets. The concurrency management scope will allow the compound effects to traffic from multiple development projects to be evaluated in a streamlined manner. ATTACHMENTS: 1) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): The study is budgeted in the Transportation Capital Fund and funded by the stormwater utility tax at $100,000. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ©General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Transportation Solutions Inc. (TSI) for City Traffic Operations Model and Signal Study; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 TT PROFESSIONAL SERVICES AGREEMENT Bremerton Traffic Model and Signal Study The City of Bremerton("City")and Transportation Solutions, Inc.("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 June 5, 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 $100,000. 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 labor rates and billing fees shall be as delineated 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 7 Bremerton/Transportation Solutions,Inc Bremerton Traffic Model and Signal Study Rev.07/2018 IV. Relationship of Parties: Consultant represents that it is skilled in 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 7 Bremerton/Transportation Solutions,Inc Bremerton Traffic Model and Signal Study 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. 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. 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. Page 3 of 7 Bremerton/Transportation Solutions,Inc Bremerton Traffic Model and Signal Study Rev.07/2018 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 under this Agreement are the property of the City. All written information submitted by the City to the Consultant 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 Redmond, 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. 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 Page 4 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev.07/2018 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 at its offices in Redmond, 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: Shane Weber Attn: Victor Salemann City of Bremerton Transportation Solutions, Inc. 345 6th Street, Suite 100 8250 165th Avenue NE, Suite 100 Bremerton, WA 98337-1891 Redmond, WA 98052 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 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. Page 5 of 7 Bremerton/Transportation Solutions, Inc Bremerton Traffic Model and Signal Study Rev.07/2018 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 according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 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 the 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 7 Bremerton/Transportation Solutions,Inc Bremerton Traffic Model and Signal Study 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 Transportation Solutions, Inc. By: By: ,/ Print Nam • re c)'W h eel ePrin ►ame: RZANget by, Its: Mcky 0, - — Date: r - V2-1-2.011, Date: �' l APPROVED AS TO FORM: ATTEST: By: 4010 By: • ref / "G '''' ,,((Roger A. Lubo :remerton City Attorney Angela Wo•4 City Clerk R:\LegatU.egal\FonnsIFORMS ON COB WEB1Frofessional Services Agreement Rev.07 2018,docx Page 7 of 7 Bremerton/Transportation Solutions,Inc Bremerton Traffic Model and Signal Study Rev.07/2018 TS! Scope and Fee Estimate Transportation Solutions,Inc. EXHIBIT"A" 8250-165th Avenue NE June 5, 2019 Suite 100 Redmond,WA 98052.6628 T 425-883-4134 F 425-867-0898 www.tsinw.com TO: Shane Weber Managing Engineer,Transportation City of Bremerton FROM: Andrew Bratlien, PE SUBJECT: Bremerton Traffic Modeling Scope and Fee Estimate OVERVIEW The City of Bremerton has requested that Transportation Solutions perform a series of traffic analysis tasks, including corridor analyses of 6th Street and 11th Street and development of citywide travel demand and intersection operations models.This document outlines the scope of work and estimated fees for the requested tasks. ANTICIPATED WORK TASKS This scope identifies four primary work tasks: 1. Project Administration 2. 6'Street and 11th Street Corridor Studies 3. Citywide Traffic Models 4. Concurrency Management System The anticipated work tasks and individual activities for each task are described below. Task 1: Project Administration 1.01 Project administration and quality control. Prepare regular status reports and project cost invoices and perform ongoing quality control. Task 2:6th Street and 11th Street Corridor Studies 2.01 Confirm project scope and understanding. Review analysis scope and objectives with City staff. Confirm analysis methods and assumptions, including study area,data collection requirements, and intersection Level of Service analysis methodology. Confirm scope, description, and limits of corridor alternatives: • 6th Street Road Diet: Narrow 6th Street to three-lane section with nonmotorized facilities • 6th Street/11th Street Couplet Conversion:Convert 6th Street and 11th Street to a one- way couplet, including nonmotorized facilities on both routes. TSIShane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5, 2019 Transportation Solutions,Inc. Page 2 of 5 2.02 Gather and review traffic data. Review intersection turning movement counts and signal timing plans provided by City and WSDOT staff. Identify additional count data required for model calibration. This scope includes budget for up to 25 PM peak hour intersection turning movement counts to be collected. 2.03 Develop 2019 PM intersection operations model. Develop an existing conditions intersection operations model in Synchro 9 software using turning movement count and signal timing plan data collected in activity 2.02. Intersection control type, channelization, and turn bay lengths will be confirmed through review of Google Earth and Bing Maps satellite imagery. Review intersection LOS results to identify existing intersection LOS deficiencies. 2.04 Review crash history. Obtain five-year crash history data from WSDOT for the 6th Street and 11th Street corridors. Analyze crash severity, causes, and trends to identify opportunities for safety improvements along each corridor. 2.05 Review land use assumptions. Review land use assumptions and Transportation Analysis Zone (TAZ) structure used in the WSDOT SR 16 Corridor Congestion Study. Confirm existing (2019) and future (2040) land use assumptions with City staff prior to travel demand model development. 2.06 Refine 2019 PM travel demand model street network. Refine and expand the 2019 PM peak hour travel demand model (Visum)street network used in the WSDOT SR 16 Corridor Congestion Study.The model network will be refined to include local cross-streets and intersection control in the 6th Street and 11th Street corridor study area. 2.07 Calibrate 2019 PM travel demand model. Refine the 2019 travel demand model trip generation, trip distribution, network inputs, and connector loadings as necessary to fit the most recent available intersection turning movement counts. 2.08 Confirm 2040 PM Baseline transportation improvement assumptions. Review current transportation improvement program and confirm baseline improvement assumptions with City staff. 2.09 Refine 2040 PM Baseline travel demand model. Apply land use growth forecasts and transportation improvement project assumptions to travel demand model to calculate 2040 PM peak hour Baseline travel demand forecast. 2.10 Develop 2040 PM Baseline intersection operations model. Apply transportation improvement project assumptions to Synchro model. Import 2040 Baseline travel demand forecast from Visum model. Review model results to identify future intersection LOS deficiencies. 2.11 Identify improvement alternatives for 6th Street and 11th Street corridors with consideration for intersection operations analysis, safety analysis, right-of-way constraints, property access, vehicle mobility, and non-motorized safety. Identify up to three corridor improvement alternatives and discuss alternatives with City staff. 2.12 Develop 2040 PM alternative travel demand and intersection operations models based on improvement alternatives identified above. Review results with consideration for intersection LOS standards. 2.13 Discuss corridor analysis findings with City staff. Present preliminary findings with City staff, including strengths and weaknesses of each improvement alternative. Identify a preferred improvement alternative for each study corridor. TSIShane Weber Bremerton Traffic Modeling Scope and Fee Estimate June 5,2019 Transportation Solutions,Inc. Page 3 of 5 2.14 Summarize findings and recommendations in report. Report will include summaries of safety and operations for 2019, 2040 Baseline, and 2040 Alternative scenarios. Recommended improvements will be identified. Task 2 Deliverables:6th Street/11th Street Corridor Study Report, intersection LOS reports, crash history data, intersection operations(Synchro)model files, travel demand(Visum)model files Task 3:Citywide Traffic Models 3.01 Expand 2019 PM travel demand model. Expand 2019 Visum street network and TAZ structure to include incorporated areas which were not included in the SR 16 Corridor Congestion Study model. Confirm existing and anticipated land use for areas not included in SR 16 model. Recalibrate Visum model to ensure consistency with the most recent turning movement counts. 3.02 Expand 2019 PM intersection operations model. Expand Synchro network to include intersections not included in 6'Street& 11th Street corridor study area. Use intersection turning movement counts and signal timing plans gathered in activity 2.02. 3.03 Confirm citywide transportation improvement projects. Confirm any additional Baseline transportation improvement projects not included in 6th Street& 11`h Street study area. 3.04 Expand 2040 Baseline PM travel demand models. Expand 2040 Baseline Visum street network and TAZ structure to maintain consistency with 2019 citywide Visum model described above. Apply any transportation improvement projects identified in activity 3.03. 3.05 Expand 2040 Baseline PM intersection operations models. Expand 2040 Baseline Synchro model to maintain consistency with 2019 citywide model described in activity 3.02. Apply any transportation improvement projects identified in activity 3.03. 3.06 Summarize findings and recommendations in technical memo. Identify citywide intersection LOS deficiencies and transportation improvement program recommendations based on 2040 Baseline intersection LOS forecasts. Task 3 Deliverables:Citywide Traffic Model Summary Technical Memorandum, intersection LOS reports, citywide Synchro model files, citywide Visum model files Task 4(Optional): Concurrency Management System This optional task would provide a comprehensive transportation concurrency review system for use by City staff or consultants. 4.01 Review concurrency management process with City staff. Discuss City's current concurrency review process and identify current pipeline developments. 4.02 Develop concurrency management system. Develop concurrency management system, including data transfer macros customized to citywide Visum and Synchro networks identified above. 4.03 Demonstrate concurrency management system at in-person meeting with City staff. 4.04 Develop concurrency ordinance and fee schedule TSS Shane Weber EXHIBIT "C Bremerton Traffic Modeling Scope and Fee Estimate June 5,2019 Transportation Solutions,Inc. Page 4 of 5 COST ESTIMATE Based on the work tasks outlined above,we propose a budget not to exceed $100,000 for this work. Estimated budget by activity is summarized below.The estimated budget also includes direct costs of$3,150 for collection of up to 25 intersection turning movement counts,which would supplement intersection turning movement counts to be provided by City staff. Services will be billed on a time and materials basis. Additional work beyond the tasks identified above will be invoiced on a time and materials basis, unless otherwise agreed upon.Additional work cannot begin with written authorization. Work Task Estimated Budget($) Task 1:Project Administration 1.01 Project administration &quality control 3,200 Task 1 Subtotal 3,200 Task 2:6th Street& 11th Street Corridor Studies 2.01 Confirm project scope and assumptions 1,950 2.02 Gather and review traffic data 1,350 2.03 Develop 2019 intersection operations model 2,600 2.04 Review crash history 3,100 2.05 Review land use assumptions 6,050 2.06 Refine 2019 travel demand model street network 5,400 2.07 Calibrate travel demand model 4,050 2.08 Confirm 2040 Baseline transportation improvement assumptions 650 2.09 Refine 2040 Baseline travel demand model 4,050 2.10 Develop 2040 Baseline intersection operations model 4,050 2.11 Identify improvement alternatives for 6th St& 11th St corridors 3,650 2.12 Develop 2040 alternative travel demand and LOS models 6,350 2.13 Discuss corridor analysis findings with City staff 3,250 2.14 Summarize findings and recommendations in report 3,550 Task 2 Subtotal 50,050 Task 3:Citywide Traffic Models 3.01 Expand 2019 travel demand model 6,700 3.02 Expand 2019 intersection operations model 3,500 3.03 Confirm citywide transportation improvement projects 650 3.04 Expand 2040 travel demand models 6,050 3.05 Expand 2040 intersection operations models 4,050 3.06 Discuss citywide analysis findings with City staff 4,850 3.07 Summarize findings and recommendations in technical memorandum 4,050 Task 3 Subtotal 29,850 Task 4:Concurrency Management System 4.01 Review concurrency management process with City staff 800 4.02 Develop concurrency management system 5,450 4.03 Demonstrate concurrency management system 4,250 4.04 Develop concurrency ordinance and fee schedule 3,250 Task 4 Subtotal (Optional) 13,750 Direct Expense:Traffic Counts 3,150 Total 100,000 TSS Shane Weber Bremerton Traffic Modeling Scope and Fee Estimate Transportation Solutions,Inc. EXHIBIT"B" June 5,2019 P Page 5 of 5 SCHEDULE The anticipated date of completion for each work task is summarized below. We will begin work on the 6th Street and 11th Street corridor studies with your authorization. Based on existing workload and staff availability,we estimate completion of Task 2 in September 2019. Completion dates will be refined as necessary to satisfy City Council and Planning Commission deadlines. Task 3 will be completed in January 2020.The optional Task 4 will be completed in February 2020. Work Task Completion 1. Project Administration Ongoing 2. 6th Street& 11th Street Corridor Studies September 2019 3. Citywide Traffic Models January 2020 4. Concurrency Management System February 2020 If the above proposal appears to meet your needs, please initiate a task order that we may sign and formally begin work. Thank you and sincerely, Transportation Solutions, Inc. Andrew L. Bratlien, PE �....„411 TRANSOL-02 RI KJOHNSON ACORif) CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 411/1 06/17/2019 i 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 Kasai Johnson NAME: AssuredPartners of Washington,LLC PHONEFax P.O. Box 847 (A/C,No,Ext):(425)952-2661 I(NC,No): Redmond,WA 98073 noass,kassi.johnson@assuredpartners.com INSURERS)AFFORDING COVERAGE NAIC a ' INSURERA:Travelers Indemnity Company 06183 INSURED i INSURER B:Travelers Casualty Insurance Company of America 31194 Transportation Solutions,Inc. INSURER C:Travelers Casualty&Surety of America 31194 8250 165th Ave NE#100 INSURERD: Redmond,WA 98052 ^�} ^/� INSURER E: ��� / •'��1 o��1'INSURERF: COVERAGES CERTIFI E NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR YYPOUCY NUMBER POLICY EFF POLICY EXP LIMITS LTRINSD VD IMM/DD/YYYYI IMM/DD/YYYYI I/A X COMMERCIAL GENERALv LIABILITY / EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X x 6808894C1501842 12/31/2018 12/31/2019 PREMISES EirNTErDence) $ 300,000 X WA Stop Gap `' MED EXP(Any one person) $ 5,000 V® PERSONAL&ADV INJURY $ 1,000,000 GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jP8f LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT ✓ 1,000,000 (Ea accident) $ X ANY AUTO _ BA9K958883 03/23/2019 03/23/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSRE� ONLY AUTOSyyN BODILY INJURY(Per accident) $ X AUTOS ONLY X AUOTO ONLB (Per accident) $ $ A X UMBRELLA UAB X OCCUR 1,000,000 EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE CUP5C5105711842 12/31/2018 12/31/2019 AGGREGATE $ 1,000,000 DED X RETENTION$ 5,000 $ A WORKERS x gr- AND LIABILITY STATUTE Y/N '6808894C1501842 12/31/2018 12/31/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/ME NER EXCLUDED? N/A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liab 105932134 05/13/2019 05/13/2020 Per Claim: 3,000,000 C Professional Liab. 105932134 05/13/2019 05/13/2020 Aggregate: ✓4,000,000 1 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured.Coverage is primary and non-contributory.Waiver of Subrogation applies.See attached endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Bremerton,Attn: Risk Management THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 9 ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 100 Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ‘0 ,,,,•°°' °;-:,.:-E,- "y ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY Po l i cy#:6808894C 1501842 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION II) is amended in a written contract for this insurance to to include as an insured any person or organiza- apply on a primary or contributory basis. tion (called hereafter "additional insured") whom 3. This insurance does not apply: you have agreed in a written contract, executed prior to loss, to name as additional insured, but a. on any basis to any person or organization only with respect to liability arising out of "your for whom you have purchased an Owners work" or your ongoing operations for that addi and Contractors Protective policy. tional insured performed by you or for you. b. to "bodily injury," "property damage," "per- 2. With respect to the insurance afforded to Addi sonal injury," or "advertising injury" arising tional Insureds the following conditions apply: out of the rendering of or the failure to render any professional services by or for you, in- a. Limits of Insurance — The following limits of cluding: liability apply: 1. The limits which you agreed to provide; 1. The preparing, approving or failing to or prepare or approve maps, drawings, opinions, reports, surveys, change or- 2. The limits shown on the declarations, ders, designs or specifications; and whichever is less. 2. Supervisory, inspection or engineering b. This insurance is excess over any valid and services. collectible insurance unless you have agreed CG D1 05 04 94 Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. Policy#:6808894C1501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The"personal injury" or"advertising injury"for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con cess Insurance regarding any other primary in tract or written agreement that the insurance surance available to you is deleted. pro- vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a prirey and non-contributory basis, this insur- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs; and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 Policy#:6808894C1501842 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured I. Injury to Co-Employees and Co-Volunteer B. Damage To Premises Rented To You Extension Workers • Perils of fire, explosion, lightning, smoke, water J. Aircraft Chartered with Crew • Limit increased to $300,000 K. Non-Owned Watercraft— Increased C. Blanket Waiver of Subrogation from 25 feet to 50 feet D. Blanket Additional Insured— Managers or L. Increased Supplementary Payments Lessors of Premises • Cost for bail bonds increased to $2,500 E. Blanket Additional Insured— Lessor of • Loss of earnings increased to $500 per day leased Equipment M. Knowledge and Notice of Occurrence F. Incidental Medical Malpractice or Offense G. Personal Injury—Assumed by Contract N. Unintentional Omission H. Extension of Coverage— Bodily Injury O. Reasonable Force— Bodily Injury or Property Damage PROVISIONS B. DAMAGE TO PREMISES RENTED TO YOU A. BROADENED NAMED INSURED EXTENSION 1. The Named Insured in Item 1. of the Declara- 1. The last paragraph of COVERAGE A. BOD- tions is as follows: ILY INJURY AND PROPERTY DAMAGE LI- The person or organization named in Item 1. ABILITY (Section I — Coverages) is deleted of the Declarations and any organization, and replaced by the following: other than a partnership or joint venture, over Exclusions c. through n. do not apply to dam- which you maintain ownership or majority in- age to premises while rented to you, or tern- terest on the effective date of the policy. porarily occupied by you with permission of However, coverage for any such organization the owner, caused by: will cease as of the date during the policy pe- riod that you no longer maintain ownership of, a. Fire; or majority interest in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. c. Lightning; is deleted and replaced by the following: d. Smoke resulting from such fire, explosion, a. Coverage under this provision is afforded or lightning; or only until the 180th day after you acquire e. Water. or form the organization or the end of the policy period, whichever is earlier, unless A separate limit of insurance applies to this reported in writing to us within 180 days. coverage as described in LIMITS OF INSUR- ANCE (Section III). 3. This Provision A. does not apply to any per- son or organization for which coverage is ex 2. This insurance does not apply to damage to cluded by endorsement. premises while rented to you, or temporarily CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 COMMERCIAL GENERAL LIABILITY occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I— a. Rupture, bursting, or operation of pres— sure relief devices; C. BLANKET WAIVER OFSUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Part 6. of LIMITS OF INSURANCE (Section "your products". We waive this right where you III) is deleted and replaced by the following: have agreed to do so as part of a written contract, Subject to 5. above, the Damage To Prem- executed by you prior to loss. ises Rented To You Limit is the most we will D. BLANKET ADDITIONAL INSURED — MANAG- pay under COVERAGE A. for damages be- ERS OR LESSORS OF PREMISES cause of "property damage" to any one prem- WHO IS AN INSURED (Section II) is amended to ises while rented to you, or temporarily occu- pied by you with permission of the owner, include as an insured any person or organization caused by fire, explosion, lightning, smoke (referred to below as "additional insured") with resulting from such fire, explosion, or light- whom you have agreed in a written contract, exe- ning, or water. The Damage To Premises cuted prior to loss, to name as an additional in- Rented To You Limit will apply to all damage sured, but only with respect to liability arising out proximately caused by the same "occur of the ownership, maintenance or use of that part rence", whether such damage results from of any premises leased to you, subject to the fol- fire, explosion, lightning, smoke resulting from lowing provisions: such fire, explosion, or lightning, or water, or 1. Limits of Insurance. The limits of insurance any combination of any of these. afforded to the additional insured shall be the The Damage To Premises Rented To You limits which you agreed to provide, or the lim Limit will be the higher of: its shown on the Declarations, whichever is less. a. $300,000; or 2. The insurance afforded to the additional in- b. The amount shown on the Declarations sured does not apply to: for Damage To Premises Rented To You Limit. a. Any "occurrence" that takes place after you cease to be a tenant in that premises; 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is b. Any premises for which coverage is ex- amended so that it does not include that por- cluded by endorsement; or tion of the contract for a lease of premises c. Structural alterations, new construction or that indemnifies any person or organization demolition operations performed by or on for damage to premises while rented to you, behalf of such additional insured. or temporarily occupied by you with permis- 3. The insurance afforded to the additional in- sion of the owner, caused by: sured is excess over any valid and collectible a. Fire; insurance available to such additional in- b. Explosion; sured, unless you have agreed in a written c. Lightning; contract for this insurance to apply on a pri- mary or contributory basis. d. Smoke resulting from such fire, explosion, E. BLANKET ADDITIONAL INSURED — LESSOR or lightning; or OF LEASED EQUIPMENT e. Water. WHO IS AN INSURED (Section II) is amended to 5. This Provision B. does not apply if coverage include as an insured any person or organization for Damage To Premises Rented To You of (referred to below as "additional insured") with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- for which no remuneration is demanded cuted prior to loss, to name as an additional in- or received. sured, but only with respect to their liability arising 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- out of the maintenance, operation or use by you SURED (Section II) does not apply to any of equipment leased to you by such additional in- registered nurse, licensed practical nurse, sured, subject to the following provisions: emergency medical technician or paramedic 1. Limits of Insurance. The limits of insurance employed by you, but only while performing afforded to the additional insured shall be the the services described in paragraph 2. above limits which you agreed to provide, or the lim- and while acting within the scope of their em- its shown on the Declarations, whichever is ployment by you. Any "employees" rendering less. "Good Samaritan services" will be deemed to 2. The insurance afforded to the additional in- be acting within the scope of their employ- sured does not apply to: ment by you. a. Any "occurrence" that takes place after 4. The following exclusion is added to paragraph the equipment lease expires; or 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- b. "Bodily injury" or "property damage" aris- ITY(Section I—Coverages): ing out of the sole negligence of such ad (This insurance does not apply to:) Liability ditional insured. arising out of the willful violation of a penal 3. The insurance afforded to the additional in- statute or ordinance relating to the sale of sured is excess over any valid and collectible pharmaceuticals by or with the knowledge or insurance available to such additional in- consent of the insured. sured, unless you have agreed in a written 5. For the purposes of determining the applica- contract for this insurance to apply on a pri ble limits of insurance, any act or omission, mary or contributory basis. together with all related acts or omissions in F. INCIDENTAL MEDICAL MALPRACTICE the furnishing of the services described in 1. The definition of "bodily injury" in DEFINI- paragraph 2. above to any one person, will be TIONS (Section V) is amended to include "In- considered one "occurrence". cidental Medical Malpractice Injury". 6. This Provision F. does not apply if you are in 2. The following definition is added to DEFINI- the business or occupation of providing any of TIONS (Section V): the services described in paragraph 2. above. "Incidental medical malpractice injury" means 7. The insurance provided by this Provision F. bodily injury, mental anguish, sickness or dis shall be excess over any other valid and col ease sustained by a person, including death lectible insurance available to the insured, resulting from any of these at any time, aris- whether primary, excess, contingent or on ing out of the rendering of, or failure to ren- any other basis, except for insurance pur- der, the following services: chased specifically by you to be excess of a. Medical, surgical, dental, laboratory, x-ray this policy. or nursing service or treatment, advice or G. PERSONAL INJURY — ASSUMED BY CON- instruction, or the related furnishing of TRACT food or beverages; 1. The Contractual Liability Exclusion in Part b. The furnishing or dispensing of drugs or 2., Exclusions of COVERAGE B. PER- medical, dental, or surgical supplies or SONAL AND ADVERTISING INJURY LIABIL- appliances; or ITY (Section I — Coverages) is deleted and replaced by the following: c. First aid. (This insurance does not apply to:) d. "Good Samaritan services". As used in Contractual Liability this Provision F., "Good Samaritan ser- vices" are those medical services ren- "Advertising injury" for which the insured has dered or provided in an emergency and assumed liability in a contract or agreement. This exclusion does not apply to liability for CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 COMMERCIAL GENERAL LIABILITY damages that the insured would have in the 3. Subparagraphs 2.a.(1)(a), (b) and (c) and absence of the contract of agreement. 3.a. of WHO IS AN INSURED (Section II) do 2. Subparagraph f. of the definition of "insured not apply to "bodily injury"for which insurance contract" (DEFINITIONS — Section V) is de- is provided by paragraph 1. or 2. above. leted and replaced by the following: J. AIRCRAFT CHARTERED WITH CREW f. That part of any other contract or agree- 1. The following is added to the exceptions con- ment pertaining to your business (includ- tained in the Aircraft, Auto Or Watercraft ing an indemnification of a municipality in Exclusion in Part 2., Exclusions of COVER- connection with work performed for a AGE A. BODILY INJURY AND PROPERTY municipality) under which you assume the DAMAGE LIABILITY (Section I—Coverages): tort liability of another party to pay for (This exclusion does not apply to:) Aircraft "bodily injury," "property damage" or "per- chartered with crew to any insured. sonal injury" to a third party or organiza- tion. Tort liability means a liability that 2. This Provision J. does not apply if the char- would be imposed by law in the absence tered aircraft is owned by any insured. of any contract or agreement. 3. The insurance provided by this Provision J. 3. This Provision G. does not apply if COVER shall be excess over any other valid and col AGE B. PERSONAL AND ADVERTISING IN- lectible insurance available to the insured, JURY LIABILITY is excluded by endorse- whether primary, excess, contingent or on ment. any other basis, except for insurance pur- chased specifically by you to be excess of H. EXTENSION OF COVERAGE — BODILY IN- this policy. JURY K. NON-OWNED WATERCRAFT The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow 1. The exception contained in Subparagraph (2) ing: of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. "Bodily injury" means bodily injury, mental an- BODILY INJURY AND PROPERTY DAMAGE guish, mental injury, shock, fright, disability, hu- LIABILITY (Section I — Coverages) is deleted miliation, sickness or disease sustained by a per- and replaced by the following: son, including death resulting from any of these at any time. (2) A watercraft you do not own that is: I. INJURY TO CO-EMPLOYEES AND CO- (a) Fifty feet long or less; and VOLUNTEER WORKERS (b) Not being used to carry persons or 1. Your "employees" are insureds with respect property for a charge; to "bodily injury" to a co-"employee" in the 2. This Provision K. applies to any person who, course of the co-"employee's" employment by with your expressed or implied consent, either you, or to your "volunteer workers" while per- uses or is responsible for the use of a water- forming duties related to the conduct of your craft. business, provided that this coverage for your 3. The insurance provided by this Provision K. "employees" does not apply to acts outside shall be excess over any other valid and col- the scope of their employment by you or while lectible insurance available to the insured, performing duties unrelated to the conduct of whether primary, excess, contingent or on your business. any other basis, except for insurance pur- 2. Your "volunteer workers" are insureds with chased specifically by you to be excess of respect to "bodily injury" to a co-"volunteer this policy. worker" while performing duties related to the L. INCREASED SUPPLEMENTARY PAYMENTS conduct of your business, or to your "employ- ees" in the course of the "employee's" em- ployment by you, provided that this coverage MENTS — COVERAGES A AND B (Section I — for your "volunteer workers" does not apply Coverages)are amended as follows: while performing duties unrelated to the con- 1. In Part b. the amount we will pay for the cost duct of your business. of bail bonds is increased to $2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 COMMERCIAL GENERAL LIABILITY 2. In Part d. the amount we will pay for loss of which you are required to notify us in writing earnings is increased to $500 a day. of the abrupt commencement of a discharge, M. KNOWLEDGE AND NOTICE OF OCCUR- release or escape of "pollutants" which RENCE OR OFFENSE causes "bodily injury" or "property damage" which may otherwise be covered under this 1. The following is added to COMMERCIAL policy. GENERAL LIABILITY CONDITIONS (Section N. UNINTENTIONAL OMISSION IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): The following is added to COMMERCIAL GEN- Notice of an "occurrence" or of an offense ERAL LIABILITY CONDITIONS (Section IV), which may result in a claim under this insur paragraph 6. (Representations): ance shall be given as soon as practicable af- The unintentional omission of, or unintentional ter knowledge of the "occurrence" or offense error in, any information provided by you shall not has been reported to any insured listed under prejudice your rights under this insurance. How- Paragraph 1. of Section II — Who Is An In- ever, this Provision N. does not affect our right to sured or an "employee" (such as an insur- collect additional premium or to exercise our right ance, loss control or risk manager or adminis- of cancellation or nonrenewal in accordance with trator) designated by you to give such notice. applicable state insurance laws, codes or regula- Knowledge by other "employee(s)" of an "oc- tions. currence" or of an offense does not imply that O. REASONABLE FORCE — BODILY INJURY OR you also have such knowledge. PROPERTY DAMAGE 2. Notice shall be deemed prompt if given in The Expected Or Intended Injury Exclusion in good faith as soon as practicable to your Part 2., Exclusions of COVERAGE A. BODILY workers' compensation insurer. This applies INJURY AND PROPERTY DAMAGE LIABILITY only if you subsequently give notice to us as (Section I — Coverages) is deleted and replaced soon as practicable after any insured listed by the following: under Paragraph 1. of Section II—Who Is An (This insurance does not apply to:) Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis— trator) designated by you to give such notice "Bodily injury" or "property damage" expected or discovers that the "occurrence", offense or intended from the standpoint of the insured. This claim may involve this policy. exclusion does not apply to "bodily injury" or "property damage" resulting from the use of rea- 3. However, this Provision M. does not apply as respects the specific number of days within sonable force to protect persons or property. CG D1 86 11 03 Copyright, The Travelers Indemnity Company, 2003 Page 5 of 5 CONTRACT MODIFICATION #1 AGREEMENT NO. 6003 BETWEEN THE CITY OF BREMERTON AND TSI- TRANSPORTATION SOLUTIONS, INC. PROJECT Bremerton Traffic Model and Signal Study CONSULTANT TSI-Transportation Solutions, Inc. DATE 10/18/19 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and TSI- Transportation Solutions Inc., on July 12, 2019 All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: NO CHANGE Section II.Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by December 31,2020. Section III. Compensation , is modified as follows: NO CHANGE II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification Rev.07/18 TRANSOL-02R1KJOHNSON DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 12/9/2019 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). CONTACT Kassi Johnson PRODUCER NAME: PHONEFAX AssuredPartners of Washington, LLC (425) 952-2661 (A/C, No, Ext):(A/C, No): P.O. Box 847 E-MAIL kassi.johnson@assuredpartners.com Redmond, WA 98073 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Charter Oak Fire Insurance Company25615 INSURER A : INSURED Travelers Casualty Insurance Company of Americ 31194 INSURER B : Travelers Property & Casualty Co. of America 36161 INSURER C : Transportation Solutions, Inc. 8250 165th Ave NE #100 Travelers Casualty & Surety of America31194 INSURER D : Redmond, WA 98052 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 300,000 CLAIMS-MADEOCCUR X 6808894C150194212/31/201912/31/2020 $ PREMISES (Ea occurrence) XX WA Stop Gap5,000 X MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ COMBINED SINGLE LIMIT 1,000,000 B AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO BA9K9588833/23/20193/23/2020 BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 1,000,000 C XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ CUP5C510571194212/31/201912/31/2020 1,000,000 EXCESS LIABCLAIMS-MADE AGGREGATE$ 5,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION A X STATUTEER AND EMPLOYERS' LIABILITY Y / N 6808894C150194212/31/201912/31/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ Professional Liab1059321345/13/20195/13/2020 Per Claim:3,000,000 D Professional Liab.1059321345/13/20195/13/2020 Aggregate:4,000,000 D DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured. Coverage is primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bremerton, Attn: Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street, Suite 100 Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. 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F/CMBOLFU!XBJWFS!PG!TVCSPHBUJPO ps!#wpmvouffs!xpslfst#!qspwjejoh!ps!gbjmjoh! up!qspwjef!gjstu!bje!ps!#Hppe!Tbnbsjubo!Uif!gpmmpxjoh!jt!beefe!up!Qbsbhsbqi!9/-!Usbotgfs! tfswjdft#!evsjoh!uifjs!xpsl!ipvst!gps!zpv!Pg!Sjhiut!Pg!Sfdpwfsz!Bhbjotu!Puifst!Up!Vt- xjmm!cf!effnfe!up!cf!bdujoh!xjuijo!uif! © 2018 The Travelers Indemnity Company. All rights reserved. DH!E9!53!13!2: Qbhf!3!pg!4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. DPNNFSDJBM!HFOFSBM!MJBCJMJUZ pg!TFDUJPO!JW!—!DPNNFSDJBM!HFOFSBM!b/#Cpejmz!jokvsz#!ps!#qspqfsuz!ebnbhf#!uibu! MJBCJMJUZ!DPOEJUJPOT;pddvst<!ps Jg!uif!jotvsfe!ibt!bhsffe!jo!b!dpousbdu!ps!c/#Qfstpobm!boe!bewfsujtjoh!jokvsz#!dbvtfe!cz! bhsffnfou!up!xbjwf!uibu!jotvsfe(t!sjhiu!pg!bo!pggfotf!uibu!jt!dpnnjuufe<! sfdpwfsz!bhbjotu!boz!qfstpo!ps!pshboj{bujpo-!xf! tvctfrvfou!up!uif!fyfdvujpo!pg!uif!dpousbdu!ps! xbjwf!pvs!sjhiu!pg!sfdpwfsz!bhbjotu!tvdi!qfstpo! bhsffnfou/ ps!pshboj{bujpo-!cvu!pomz!gps!qbznfout!xf!nblf! cfdbvtf!pg;! Qbhf!4!pg!4 © 2018 The Travelers Indemnity Company. All rights reserved. DH!E9!53!13!2: Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition,Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF,the parties have executed this Contract Modification on the day and year first written above. City Engineer/Public Works Director approved to process PL. /o 4—* ( Initials and Date) CONSULTANT THE CITY OF BREMERTON By: - By: Print Name:1/l&fv7- $Q i - ii-i Print Name eg Wheeler Its: P✓.e S c/ Its: Mayor Date: k)(22..//? Date: 1 o \3o 12011 APPROVED AS TO FORM: ATTEST: By: ✓1/1 By: ,I O'I ���,v�'� ROGER A. LUBOVICH, Bremerton City Attorney ANGELA '�i i i , City Clerk F+D NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Victor Salemann Shane Weber TSI-Transportation Solutions, Inc City of Bremerton Engineering Dept. 8250 165th Avenue NE, Suite 100 345 6th Street, Suite 100 Redmond, WA 98052 Bremerton, WA 98337 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev.07 2018.docx Page 2 of 2 Contract Modification Rev, 07/18 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/25/2020 (425) 952-2661 20478 Transportation Solutions, Inc. 8250 165th Ave NE #100 Redmond, WA 98052 31194 A 1,000,000 X X 6025562530 3/23/2020 3/23/2021 300,000 WA STOP GAP 10,000 1,000,000 2,000,000 2,000,000 1,000,000A BUA6080744318 3/23/2020 3/23/2021 1,000,000B 6074646796 3/23/2020 3/23/2021 1,000,000 10,000 A 6025562530 3/23/2020 3/23/2021 1,000,000 1,000,000 1,000,000 C Professional Liab 105932134 5/13/2019 Per Claim:3,000,000 C Professional Liab.105932134 5/13/2019 5/13/2020 Aggregate:4,000,000 RE: Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured. Coverage is primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Bremerton, Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 TRANSOL-02 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com National Fire Insurance Co. Of Hartford Continental Insurance Company Travelers Casualty & Surety of America X 5/13/2020 X X X X X X X X X X SB146932F (Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I.Blanket Additional Insured Provisions A.Additional Insured –Blanket Vendors B.Miscellaneous Additional Insureds C.Additional Provisions Pertinent to Additional Insured Coverage 1.Primary –Noncontributory provision 2.Definition of "written contract." II.Liability Extension Coverages A.Bodily Injury –Expanded Definition B.Broad Knowledge of Occurrence C.Estates,Legal Representatives and Spouses D.Legal Liability –Damage to Premises E.Personal and Advertising Injury –Discrimination or Humiliation F.Personal and Advertising Injury –Broadened Eviction G.Waiver of Subrogation -Blanket I.BLANKET ADDITIONAL INSURED PROVISIONS A.ADDITIONAL INSURED –BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a "written contract"to provide insurance,but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1.The insurance afforded the vendor does not apply to: a."Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; SB146932F (6-16) Page 1 of 7 Copyright,CNA All Rights Reserved.10020003060255625301885 SB146932F (Ed.6-16) e.Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f.Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; g.Products which,after distribution or sale by you,have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h."Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d.or f.;or (2)Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 3.This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4.This provision 2.does not apply if "bodily injury"or "property damage"included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B.MISCELLANEOUS ADDITIONAL INSUREDS 1.Who Is An Insured is amended to include as an insured any person or organization (called additional insured)described in paragraphs 3.a.through 3.j.below whom you are required to add as an additional insured on this policy under a "written contract.": 2.However,subject always to the terms and conditions of this policy,including the limits of insurance,we will not provide the additional insured with: a.A higher limit of insurance than required by such "written contract"; b.Coverage broader than required by such "written contract"and in no event greater than that described by the applicable paragraph a.through k.below;or c.Coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard."But this paragraph c.does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3.Only the following persons or organizations can qualify as additional insureds under this endorsement: a.Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1)such person or organization's financial control of you;or (2)Premises such person or organization owns,maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) b.Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury","property damage"or "personal and advertising injury"as co-owner of such premises. c.Grantor of Franchise Any person or organization that has granted a franchise to you,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"as grantor of a franchise to you. d.Lessor of Equipment Any person or organization from whom you lease equipment,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by your maintenance,operation or use of such equipment,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e.Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of that specific part of the land leased to you,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. f.Lessor of Premises An owner or lessor of premises leased to you,or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of such part of the premises leased to you,and provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. g.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee,or receiver's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. h.State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of: (1)The following hazards in connection with premises you own,rent,or control and to which this insurance applies: (a)The existence,maintenance,repair,construction,erection,or removal of advertising signs, awnings,canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b)The construction,erection,or removal of elevators;or (c)The ownership,maintenance or use of any elevators covered by this insurance;or SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved.10020003060255625301886 SB146932F (Ed.6-16) (2)The permitted or authorized operations performed by you or on your behalf.But the coverage granted by this paragraph does not apply to: (a)"Bodily injury","property damage"or "personal and advertising injury"arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b)"Bodily injury"or "property damage"included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract",we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. i.Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor,presenter or displayer,any person or organization .whom you are required to include as an additional insured,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"cause by: a.Your acts or omissions;or b.Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j.Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above.Such additional insured is an insured solely for "bodily injury","property damage"or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1)For "bodily injury,""property damage,"or "personal and advertising injury"arising out of the rendering or failure to render any professional services; (2)For "bodily injury"or "property damage"included in the "products-completed operations hazard."But this provision (2)does not apply to such "bodily injury"or "property damage"if: (a)It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract";and (b)The "written contract"requires you to make the person or organization an additional insured for such "bodily injury"or "property damage";or (3)Who is afforded additional insured coverage under another endorsement attached to this policy. C.ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B.above: 1.The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary,excess, contingent or on any other basis.However,if a "written contract"requires that this insurance be either primary or primary and noncontributing,then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2.Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: a.Is currently in effect or becomes effective during the term of this policy;and b.Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (1)The "bodily injury"or "property damage";or (2)The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II.LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form.If any other endorsement attached to this policy amends any provision also amended by this endorsement,then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A.Bodily Injury –Expanded Definition Under Liability and Medical Expenses Definitions,the definition of "Bodily injury"is deleted and replaced by the following: "Bodily injury"means physical injury,sickness or disease sustained by a person,including death,humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B.Broad Knowledge of Occurrence Under Businessowners Liability Conditions,the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such "occurrence,"offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or an additional insured is a partnership; (3)Any manager,if you or an additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or an additional insured is a corporation; (5)Any trustee,if you or an additional insured is a trust;or (6)Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C.Estates,Legal Representatives and Spouses The estates,heirs,legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and,in the case of a spouse,where such claim seeks damages from marital common property,jointly held property,or property transferred from such natural person insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative or spouse outside the scope of such person's capacity as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D.Legal Liability –Damage To Premises 1.Under B.Exclusions,1.Applicable to Business Liability Coverage,Exclusion k.Damage To Property,is replaced by the following: k.Damage To Property "Property damage"to: 1.Property you own,rent or occupy,including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of SB146932F (6-16) Page 5 of 7 Copyright,CNA All Rights Reserved.10020003060255625301887 SB146932F (Ed.6-16) such property for any reason,including prevention of injury to a person or damage to another's property; 2.Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; 3.Property loaned to you; 4.Personal property in the care,custody or control of the insured; 5.That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations,if the "property damage"arises out of those operations;or 6.That particular part of any property that must be restored,repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4,of this exclusion do not apply to "property damage"(other than damage by fire or explosion)to premises: (1)rented to you: (2)temporarily occupied by you with the permission of the owner,or (3)to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D – Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage"included in the "products-completed operations hazard." 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added,and replaces the similar paragraph,if any,beneath paragraph (14)of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h,i,k,l,m,n,and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the 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 D.Liability And Medical Expenses Limits Of Insurance. 3.The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage"to any one premises,while rented to you or temporarily occupied by you with the permission of the owner,including contents of such premises rented to you for a period of 7 or fewer consecutive days,is the Damage to Premises Rented to You limit shown in the Declaration. E.Personal and Advertising Injury –Discrimination or Humiliation 1.Under Liability and Medical Expenses Definitions,the definition of "personal and advertising injury"is amended to add the following: h.Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)The insured;or SB146932F (6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (b)Any "executive officer,"director,stockholder,partner,member or manager (if you are a limited liability company)of the insured;and (2)Not directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person or person by any insured. 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3.This provision (Personal and Advertising Injury –Discrimination or Humiliation)does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F.Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions,the definition of "Personal and advertising injury"is amended to delete Paragraph c.and replace it with the following: c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner,landlord or lessor. G.Waiver of Subrogation –Blanket We waive any right of recovery we may have against: a.Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.10020003060255625301888 CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H.Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1.The additional insured is a Named Insured under such other insurance;and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured 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 b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.10020003060255625301889 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. SB-300001-C (Ed.06/11) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AMENDMENT –AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Declarations,such limits will be subject to theA.For all sums which the insured becomes legally applicable "Project"General Aggregate limit.obligated to pay as damages caused by "occurrences" under COVERAGE A.1.,and for all medical expenses B.For all sums which the insured becomes legally caused by accidents under COVERAGE A.2.,which obligated to pay as damages caused by can be attributed only to ongoing operations at a single "occurrences,"and for all medical expenses caused by "project":accidents,which cannot be attributed only to ongoing operations at a single "project":1.A separate "Project"General Aggregate limit applies to each "project."The "Project"General 1.Any payments made under COVERAGE A.1.for Aggregate limit is equal to the amount of the damages or under COVERAGE A.2.for medical General Aggregate limit shown in the expenses shall reduce the amount available under Declarations.the General Aggregate limit or the Products/Completed Operations Aggregate limit,2.The "Project"General Aggregate limit is the most whichever is applicable;andwewillpayforthesumofalldamagespayable under COVERAGE A.1.,except damages 2.Such payments shall not reduce any "Project" because of "bodily injury"or "property damage"General Aggregate limit. included in the "products-completed operations C.When coverage for liability arising out of the "products-hazard,"and for medical expenses payable under completed operations hazard"is provided,anyCOVERAGEA.2.regardless of the number of: payments for damages because of "bodily injury"or a.Insureds;"property damage"included in the "products- completed operations hazard"will reduce theb.Claims made or "suits"brought;or Products/Completed Operations Aggregate limit,and c.Persons or organizations making claims or not reduce the General Aggregate limit nor any bringing "suits.""Project"General Aggregate limit. 3.Any payments made under COVERAGE A.1.for D.If a "project"has been abandoned,delayed,or damages or under COVERAGE A.2.for medical abandoned and then restarted,or if the authorized expenses shall reduce the "Project"General contracting parties deviate from plans,blueprints, Aggregate limit for the applicable "project."Such designs,specifications or timetables,the "project"will payments shall not reduce the General Aggregate still be deemed to be the same "project." limit shown in the Declarations nor shall they E.The provisions of the Limits Of Insurance section notreduceany"Project"General Aggregate limit otherwise modified by this endorsement shall continueapplicabletoother"projects." to apply as stipulated. 4.The limits shown in the Declarations for Liability F.The following definition is added to Section F.LiabilityandMedicalExpenses,Damage to Premises and Medical Expenses Definitions:Rented to You,and Medical Expenses continue to apply.However,instead of being subject to the "Project"means "your work"at location(s)away from General Aggregate limit shown in the premises owned or rented to you. SB-300001-C Page 1 of 1IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. (Ed.06/11)Copyright,Insurance Services Office,Inc.,2002 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/18/2020 (425) 952-2661 20478 Transportation Solutions, Inc. 8250 165th Ave NE #100 Redmond, WA 98052 20443 31194 A 1,000,000 X X 6025562530 3/23/2020 3/23/2021 300,000 WA STOP GAP 10,000 1,000,000 2,000,000 2,000,000 1,000,000A 6080744318 3/23/2020 3/23/2021 1,000,000B 6074646796 3/23/2020 3/23/2021 1,000,000 10,000 A 6025562530 3/23/2020 3/23/2021 1,000,000 1,000,000 1,000,000 C Professional Liab.105932134 5/13/2020 Per Claim:3,000,000 C 105932134 5/13/2020 5/13/2021 Aggregate 4,000,000 RE: Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured. Coverage is primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Bremerton, Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 TRANSOL-02 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com National Fire Insurance Co. Of Hartford Continental Casualty Company Travelers Casualty & Surety of America X 5/13/2021 X X X X X X X X X X ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 3/10/2021 (425) 952-2661 20478 Transportation Solutions, Inc. 16932 Woodinville Redmond Rd NE, #A-206 Woodinville, WA 98072 20443 31194 A 1,000,000 X X 6025562530 3/23/2021 3/23/2022 300,000 WA Stop gap 10,000 1,000,000 2,000,000 2,000,000 WA STOP GAP 1,000,000 1,000,000A 6080744318 3/23/2021 3/23/2022 1,000,000B 6074646796 3/23/2021 3/23/2022 1,000,000 10,000 A 6025562530 3/23/2021 3/23/2022 1,000,000 1,000,000 1,000,000 C Professional Liab.105932134 5/13/2020 Per Claim:3,000,000 C 105932134 5/13/2020 5/13/2021 Aggregate 4,000,000 RE: Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured. Coverage is primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Bremerton, Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 TRANSOL-02 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com National Fire Insurance Co. Of Hartford Continental Casualty Company Travelers Casualty & Surety of America X 5/13/2021 X X X X X X X X SB146932F (Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I.Blanket Additional Insured Provisions A.Additional Insured –Blanket Vendors B.Miscellaneous Additional Insureds C.Additional Provisions Pertinent to Additional Insured Coverage 1.Primary –Noncontributory provision 2.Definition of "written contract." II.Liability Extension Coverages A.Bodily Injury –Expanded Definition B.Broad Knowledge of Occurrence C.Estates,Legal Representatives and Spouses D.Legal Liability –Damage to Premises E.Personal and Advertising Injury –Discrimination or Humiliation F.Personal and Advertising Injury –Broadened Eviction G.Waiver of Subrogation -Blanket I.BLANKET ADDITIONAL INSURED PROVISIONS A.ADDITIONAL INSURED –BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a "written contract"to provide insurance,but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1.The insurance afforded the vendor does not apply to: a."Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; SB146932F (6-16) Page 1 of 7 Copyright,CNA All Rights Reserved.10020003060255625301885 SB146932F (Ed.6-16) e.Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f.Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; g.Products which,after distribution or sale by you,have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h."Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d.or f.;or (2)Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 3.This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4.This provision 2.does not apply if "bodily injury"or "property damage"included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B.MISCELLANEOUS ADDITIONAL INSUREDS 1.Who Is An Insured is amended to include as an insured any person or organization (called additional insured)described in paragraphs 3.a.through 3.j.below whom you are required to add as an additional insured on this policy under a "written contract.": 2.However,subject always to the terms and conditions of this policy,including the limits of insurance,we will not provide the additional insured with: a.A higher limit of insurance than required by such "written contract"; b.Coverage broader than required by such "written contract"and in no event greater than that described by the applicable paragraph a.through k.below;or c.Coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard."But this paragraph c.does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3.Only the following persons or organizations can qualify as additional insureds under this endorsement: a.Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1)such person or organization's financial control of you;or (2)Premises such person or organization owns,maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) b.Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury","property damage"or "personal and advertising injury"as co-owner of such premises. c.Grantor of Franchise Any person or organization that has granted a franchise to you,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"as grantor of a franchise to you. d.Lessor of Equipment Any person or organization from whom you lease equipment,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by your maintenance,operation or use of such equipment,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e.Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of that specific part of the land leased to you,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. f.Lessor of Premises An owner or lessor of premises leased to you,or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of such part of the premises leased to you,and provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. g.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee,or receiver's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. h.State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of: (1)The following hazards in connection with premises you own,rent,or control and to which this insurance applies: (a)The existence,maintenance,repair,construction,erection,or removal of advertising signs, awnings,canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b)The construction,erection,or removal of elevators;or (c)The ownership,maintenance or use of any elevators covered by this insurance;or SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved.10020003060255625301886 SB146932F (Ed.6-16) (2)The permitted or authorized operations performed by you or on your behalf.But the coverage granted by this paragraph does not apply to: (a)"Bodily injury","property damage"or "personal and advertising injury"arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b)"Bodily injury"or "property damage"included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract",we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. i.Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor,presenter or displayer,any person or organization .whom you are required to include as an additional insured,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"cause by: a.Your acts or omissions;or b.Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j.Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above.Such additional insured is an insured solely for "bodily injury","property damage"or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1)For "bodily injury,""property damage,"or "personal and advertising injury"arising out of the rendering or failure to render any professional services; (2)For "bodily injury"or "property damage"included in the "products-completed operations hazard."But this provision (2)does not apply to such "bodily injury"or "property damage"if: (a)It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract";and (b)The "written contract"requires you to make the person or organization an additional insured for such "bodily injury"or "property damage";or (3)Who is afforded additional insured coverage under another endorsement attached to this policy. C.ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B.above: 1.The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary,excess, contingent or on any other basis.However,if a "written contract"requires that this insurance be either primary or primary and noncontributing,then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2.Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: a.Is currently in effect or becomes effective during the term of this policy;and b.Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (1)The "bodily injury"or "property damage";or (2)The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II.LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form.If any other endorsement attached to this policy amends any provision also amended by this endorsement,then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A.Bodily Injury –Expanded Definition Under Liability and Medical Expenses Definitions,the definition of "Bodily injury"is deleted and replaced by the following: "Bodily injury"means physical injury,sickness or disease sustained by a person,including death,humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B.Broad Knowledge of Occurrence Under Businessowners Liability Conditions,the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such "occurrence,"offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or an additional insured is a partnership; (3)Any manager,if you or an additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or an additional insured is a corporation; (5)Any trustee,if you or an additional insured is a trust;or (6)Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C.Estates,Legal Representatives and Spouses The estates,heirs,legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and,in the case of a spouse,where such claim seeks damages from marital common property,jointly held property,or property transferred from such natural person insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative or spouse outside the scope of such person's capacity as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D.Legal Liability –Damage To Premises 1.Under B.Exclusions,1.Applicable to Business Liability Coverage,Exclusion k.Damage To Property,is replaced by the following: k.Damage To Property "Property damage"to: 1.Property you own,rent or occupy,including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of SB146932F (6-16) Page 5 of 7 Copyright,CNA All Rights Reserved.10020003060255625301887 SB146932F (Ed.6-16) such property for any reason,including prevention of injury to a person or damage to another's property; 2.Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; 3.Property loaned to you; 4.Personal property in the care,custody or control of the insured; 5.That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations,if the "property damage"arises out of those operations;or 6.That particular part of any property that must be restored,repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4,of this exclusion do not apply to "property damage"(other than damage by fire or explosion)to premises: (1)rented to you: (2)temporarily occupied by you with the permission of the owner,or (3)to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D – Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage"included in the "products-completed operations hazard." 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added,and replaces the similar paragraph,if any,beneath paragraph (14)of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h,i,k,l,m,n,and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the 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 D.Liability And Medical Expenses Limits Of Insurance. 3.The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage"to any one premises,while rented to you or temporarily occupied by you with the permission of the owner,including contents of such premises rented to you for a period of 7 or fewer consecutive days,is the Damage to Premises Rented to You limit shown in the Declaration. E.Personal and Advertising Injury –Discrimination or Humiliation 1.Under Liability and Medical Expenses Definitions,the definition of "personal and advertising injury"is amended to add the following: h.Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)The insured;or SB146932F (6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (b)Any "executive officer,"director,stockholder,partner,member or manager (if you are a limited liability company)of the insured;and (2)Not directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person or person by any insured. 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3.This provision (Personal and Advertising Injury –Discrimination or Humiliation)does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F.Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions,the definition of "Personal and advertising injury"is amended to delete Paragraph c.and replace it with the following: c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner,landlord or lessor. G.Waiver of Subrogation –Blanket We waive any right of recovery we may have against: a.Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.10020003060255625301888 CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H.Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1.The additional insured is a Named Insured under such other insurance;and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured 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 b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.10020003060255625301889 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. SB-300001-C (Ed.06/11) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AMENDMENT –AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Declarations,such limits will be subject to theA.For all sums which the insured becomes legally applicable "Project"General Aggregate limit.obligated to pay as damages caused by "occurrences" under COVERAGE A.1.,and for all medical expenses B.For all sums which the insured becomes legally caused by accidents under COVERAGE A.2.,which obligated to pay as damages caused by can be attributed only to ongoing operations at a single "occurrences,"and for all medical expenses caused by "project":accidents,which cannot be attributed only to ongoing operations at a single "project":1.A separate "Project"General Aggregate limit applies to each "project."The "Project"General 1.Any payments made under COVERAGE A.1.for Aggregate limit is equal to the amount of the damages or under COVERAGE A.2.for medical General Aggregate limit shown in the expenses shall reduce the amount available under Declarations.the General Aggregate limit or the Products/Completed Operations Aggregate limit,2.The "Project"General Aggregate limit is the most whichever is applicable;andwewillpayforthesumofalldamagespayable under COVERAGE A.1.,except damages 2.Such payments shall not reduce any "Project" because of "bodily injury"or "property damage"General Aggregate limit. included in the "products-completed operations C.When coverage for liability arising out of the "products-hazard,"and for medical expenses payable under completed operations hazard"is provided,anyCOVERAGEA.2.regardless of the number of: payments for damages because of "bodily injury"or a.Insureds;"property damage"included in the "products- completed operations hazard"will reduce theb.Claims made or "suits"brought;or Products/Completed Operations Aggregate limit,and c.Persons or organizations making claims or not reduce the General Aggregate limit nor any bringing "suits.""Project"General Aggregate limit. 3.Any payments made under COVERAGE A.1.for D.If a "project"has been abandoned,delayed,or damages or under COVERAGE A.2.for medical abandoned and then restarted,or if the authorized expenses shall reduce the "Project"General contracting parties deviate from plans,blueprints, Aggregate limit for the applicable "project."Such designs,specifications or timetables,the "project"will payments shall not reduce the General Aggregate still be deemed to be the same "project." limit shown in the Declarations nor shall they E.The provisions of the Limits Of Insurance section notreduceany"Project"General Aggregate limit otherwise modified by this endorsement shall continueapplicabletoother"projects." to apply as stipulated. 4.The limits shown in the Declarations for Liability F.The following definition is added to Section F.LiabilityandMedicalExpenses,Damage to Premises and Medical Expenses Definitions:Rented to You,and Medical Expenses continue to apply.However,instead of being subject to the "Project"means "your work"at location(s)away from General Aggregate limit shown in the premises owned or rented to you. SB-300001-C Page 1 of 1IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. (Ed.06/11)Copyright,Insurance Services Office,Inc.,2002 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 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. 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/10/2021 (425) 952-2661 20478 Transportation Solutions, Inc. 16932 Woodinville Redmond Rd NE, #A-206 Woodinville, WA 98072 20443 31194 A 1,000,000 X X 6025562530 3/23/2021 3/23/2022 300,000 WA Stop gap 10,000 1,000,000 2,000,000 2,000,000 WA STOP GAP 1,000,000 1,000,000A 6080744318 3/23/2021 3/23/2022 1,000,000B 6074646796 3/23/2021 3/23/2022 1,000,000 10,000 A 6025562530 3/23/2021 3/23/2022 1,000,000 1,000,000 1,000,000 C Professional Liab.105932134 5/13/2021 Per Claim 3,000,000 C 105932134 5/13/2021 5/13/2022 Aggregate 4,000,000 RE: Bremerton Traffic Modeling Project It is agreed that the City of Bremerton is included as Additional Insured. Coverage is primary and non-contributory. Waiver of Subrogation applies. See attached endorsements. City of Bremerton, Attn: Risk Management 345 6th Street, Suite 100 Bremerton, WA 98337 TRANSOL-02 R1KJOHNSON AssuredPartners of Washington, LLC P.O. Box 847 Redmond, WA 98073 Kassi Johnson kassi.johnson@assuredpartners.com National Fire Insurance Co. Of Hartford Continental Casualty Company Travelers Casualty & Surety of America X 5/13/2022 X X X X X X X X SB146932F (Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I.Blanket Additional Insured Provisions A.Additional Insured –Blanket Vendors B.Miscellaneous Additional Insureds C.Additional Provisions Pertinent to Additional Insured Coverage 1.Primary –Noncontributory provision 2.Definition of "written contract." II.Liability Extension Coverages A.Bodily Injury –Expanded Definition B.Broad Knowledge of Occurrence C.Estates,Legal Representatives and Spouses D.Legal Liability –Damage to Premises E.Personal and Advertising Injury –Discrimination or Humiliation F.Personal and Advertising Injury –Broadened Eviction G.Waiver of Subrogation -Blanket I.BLANKET ADDITIONAL INSURED PROVISIONS A.ADDITIONAL INSURED –BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a "written contract"to provide insurance,but only with respect to "bodily injury"or "property damage"arising out of "your products"which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1.The insurance afforded the vendor does not apply to: a."Bodily injury"or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement.This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b.Any express warranty unauthorized by you; c.Any physical or chemical change in the product made intentionally by the vendor; d.Repackaging,except when unpacked solely for the purpose of inspection,demonstration,testing,or the substitution of parts under instructions from the manufacturer,and then repackaged in the original container; SB146932F (6-16) Page 1 of 7 Copyright,CNA All Rights Reserved.10020003060255625301885 SB146932F (Ed.6-16) e.Any failure to make such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products; f.Demonstration,installation,servicing or repair operations,except such operations performed at the vendor's premises in connection with the sale of the product; g.Products which,after distribution or sale by you,have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h."Bodily injury"or "property damage"arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (1)The exceptions contained in Subparagraphs d.or f.;or (2)Such inspections,adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business,in connection with the distribution or sale of the products. 2.This insurance does not apply to any insured person or organization,from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 3.This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4.This provision 2.does not apply if "bodily injury"or "property damage"included within the "products- completed operations hazard"is excluded either by the provisions of the Policy or by endorsement. B.MISCELLANEOUS ADDITIONAL INSUREDS 1.Who Is An Insured is amended to include as an insured any person or organization (called additional insured)described in paragraphs 3.a.through 3.j.below whom you are required to add as an additional insured on this policy under a "written contract.": 2.However,subject always to the terms and conditions of this policy,including the limits of insurance,we will not provide the additional insured with: a.A higher limit of insurance than required by such "written contract"; b.Coverage broader than required by such "written contract"and in no event greater than that described by the applicable paragraph a.through k.below;or c.Coverage for "bodily injury"or "property damage"included within the "products-completed operations hazard."But this paragraph c.does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3.Only the following persons or organizations can qualify as additional insureds under this endorsement: a.Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1)such person or organization's financial control of you;or (2)Premises such person or organization owns,maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F (6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) b.Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for "bodily injury","property damage"or "personal and advertising injury"as co-owner of such premises. c.Grantor of Franchise Any person or organization that has granted a franchise to you,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"as grantor of a franchise to you. d.Lessor of Equipment Any person or organization from whom you lease equipment,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"caused in whole or in part by your maintenance,operation or use of such equipment,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury" takes place prior to the termination of such lease. e.Lessor of Land Any person or organization from whom you lease land,but only with respect to liability for "bodily injury", "property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of that specific part of the land leased to you,provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. f.Lessor of Premises An owner or lessor of premises leased to you,or such owner or lessor's real estate manager,but only with respect to liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance or use of such part of the premises leased to you,and provided that the "occurrence"giving rise to such "bodily injury"or "property damage"or the offense giving rise to such "personal and advertising injury",takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. g.Mortgagee,Assignee or Receiver A mortgagee,assignee or receiver of premises but only with respect to such mortgagee,assignee,or receiver's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of the ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations,new construction or demolition operations performed by,on behalf of or for such additional insured. h.State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization,but only with respect to such government agency or subdivision or political subdivision's liability for "bodily injury","property damage"or "personal and advertising injury"arising out of: (1)The following hazards in connection with premises you own,rent,or control and to which this insurance applies: (a)The existence,maintenance,repair,construction,erection,or removal of advertising signs, awnings,canopies,cellar entrances,coal holes,driveways,manholes,marquees,hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b)The construction,erection,or removal of elevators;or (c)The ownership,maintenance or use of any elevators covered by this insurance;or SB146932F (6-16) Page 3 of 7 Copyright,CNA All Rights Reserved.10020003060255625301886 SB146932F (Ed.6-16) (2)The permitted or authorized operations performed by you or on your behalf.But the coverage granted by this paragraph does not apply to: (a)"Bodily injury","property damage"or "personal and advertising injury"arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b)"Bodily injury"or "property damage"included within the "products-completed operations hazard." With respect to this provision's requirement that additional insured status must be requested under a "written contract",we will treat as a "written contract"any governmental permit that requires you to add the governmental entity as an additional insured. i.Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor,presenter or displayer,any person or organization .whom you are required to include as an additional insured,but only with respect to such person or organization's liability for "bodily injury","property damage",or "personal and advertising injury"cause by: a.Your acts or omissions;or b.Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j.Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above.Such additional insured is an insured solely for "bodily injury","property damage"or "personal and advertising injury"for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1)For "bodily injury,""property damage,"or "personal and advertising injury"arising out of the rendering or failure to render any professional services; (2)For "bodily injury"or "property damage"included in the "products-completed operations hazard."But this provision (2)does not apply to such "bodily injury"or "property damage"if: (a)It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the "written contract";and (b)The "written contract"requires you to make the person or organization an additional insured for such "bodily injury"or "property damage";or (3)Who is afforded additional insured coverage under another endorsement attached to this policy. C.ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B.above: 1.The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary,excess, contingent or on any other basis.However,if a "written contract"requires that this insurance be either primary or primary and noncontributing,then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2.Under Liability and Medical Expense Definitions,the following definition is added: "Written contract"means a written contract or agreement that requires you to make a person or organization an additional insured on this policy,provided the contract or agreement: a.Is currently in effect or becomes effective during the term of this policy;and b.Was executed prior to: SB146932F (6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (1)The "bodily injury"or "property damage";or (2)The offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage. II.LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form.If any other endorsement attached to this policy amends any provision also amended by this endorsement,then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A.Bodily Injury –Expanded Definition Under Liability and Medical Expenses Definitions,the definition of "Bodily injury"is deleted and replaced by the following: "Bodily injury"means physical injury,sickness or disease sustained by a person,including death,humiliation, shock,mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B.Broad Knowledge of Occurrence Under Businessowners Liability Conditions,the Condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such "occurrence,"offense,claim or "suit"is known to: (1)You or any additional insured that is an individual; (2)Any partner,if you or an additional insured is a partnership; (3)Any manager,if you or an additional insured is a limited liability company; (4)Any "executive officer"or insurance manager,if you or an additional insured is a corporation; (5)Any trustee,if you or an additional insured is a trust;or (6)Any elected or appointed official,if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C.Estates,Legal Representatives and Spouses The estates,heirs,legal representatives and spouses of any natural person insured shall also be insured under this policy;provided,however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and,in the case of a spouse,where such claim seeks damages from marital common property,jointly held property,or property transferred from such natural person insured to such spouse.No coverage is provided for any act,error or omission of an estate,heir,legal representative or spouse outside the scope of such person's capacity as such,provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D.Legal Liability –Damage To Premises 1.Under B.Exclusions,1.Applicable to Business Liability Coverage,Exclusion k.Damage To Property,is replaced by the following: k.Damage To Property "Property damage"to: 1.Property you own,rent or occupy,including any costs or expenses incurred by you,or any other person,organization or entity,for repair,replacement,enhancement,restoration or maintenance of SB146932F (6-16) Page 5 of 7 Copyright,CNA All Rights Reserved.10020003060255625301887 SB146932F (Ed.6-16) such property for any reason,including prevention of injury to a person or damage to another's property; 2.Premises you sell,give away or abandon,if the "property damage"arises out of any part of those premises; 3.Property loaned to you; 4.Personal property in the care,custody or control of the insured; 5.That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations,if the "property damage"arises out of those operations;or 6.That particular part of any property that must be restored,repaired or replaced because "your work" was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are "your work"and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4,of this exclusion do not apply to "property damage"(other than damage by fire or explosion)to premises: (1)rented to you: (2)temporarily occupied by you with the permission of the owner,or (3)to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D – Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage"included in the "products-completed operations hazard." 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added,and replaces the similar paragraph,if any,beneath paragraph (14)of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h,i,k,l,m,n,and o,do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the 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 D.Liability And Medical Expenses Limits Of Insurance. 3.The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage"to any one premises,while rented to you or temporarily occupied by you with the permission of the owner,including contents of such premises rented to you for a period of 7 or fewer consecutive days,is the Damage to Premises Rented to You limit shown in the Declaration. E.Personal and Advertising Injury –Discrimination or Humiliation 1.Under Liability and Medical Expenses Definitions,the definition of "personal and advertising injury"is amended to add the following: h.Discrimination or humiliation that results in injury to the feelings or reputation of a natural person,but only if such discrimination or humiliation is: (1)Not done intentionally by or at the direction of: (a)The insured;or SB146932F (6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. SB146932F (Ed.6-16) (b)Any "executive officer,"director,stockholder,partner,member or manager (if you are a limited liability company)of the insured;and (2)Not directly or indirectly related to the employment,prospective employment,past employment or termination of employment of any person or person by any insured. 2.Under B.Exclusions,1.Applicable to Business Liability Coverage,the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale,rental,lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment,prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3.This provision (Personal and Advertising Injury –Discrimination or Humiliation)does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F.Personal and Advertising Injury -Broadened Eviction Under Liability and Medical Expenses Definitions,the definition of "Personal and advertising injury"is amended to delete Paragraph c.and replace it with the following: c.The wrongful eviction from,wrongful entry into,or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner,landlord or lessor. G.Waiver of Subrogation –Blanket We waive any right of recovery we may have against: a.Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F (6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.10020003060255625301888 CNA80103XX (09-14) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COMMON POLICY CONDITIONS The following is added to Paragraph H.Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: 1.The additional insured is a Named Insured under such other insurance;and 2.You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of the Policy remain unchanged. CNA80103XX (09-14) Page 1 of 1 Copyright,CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission SB146968B (Ed.6-16) IMPORTANT:THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE,OFFENSE,CLAIM OR SUIT.SEE PARAGRAPH C.,OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE & BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A.Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement;but the written contract or written agreement must be: 1.Currently in effect or becoming effective during the term of this policy;and 2.Executed prior to the: a."Bodily injury"or "property damage";or b.Offense that caused the "personal and advertising injury"; for which the additional insured seeks coverage B.The insurance provided to the additional insured is limited as follows: 1.The person or organization is an additional insured 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 b.The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c."Your work"that is specified in the written contract or written agreement,but only for "bodily injury"or "property damage"included in the "products-completed operations hazard",and only if: (1)The written contract or written agreement requires you to provide the additional insured such coverage; and (2)This Coverage Part provides such coverage. 2.The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy,whichever is less.These Limits of Insurance are inclusive of,and not in addition to,the Limits of Insurance shown in the Declarations. 3.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of an architect's,engineer's,or surveyor's rendering of or failure to render any professional services including: a.The preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications by any architect,engineer or surveyor performing services on a project of which you serve as construction manager;or b.Inspection,supervision,quality control,engineering or architectural services done by you on a project of which you serve as construction manager. SB146968B (6-16) Page 1 of 2 Copyright,CNA All Rights Reserved.10020003060255625301889 SB146968B (Ed.6-16) 4.The insurance provided to the additional insured does not apply to "bodily injury","property damage"or "personal and advertising injury"arising out of construction or demolition work while you are acting as a construction or demolition contractor. C.Under Businessowners Liability Conditions,the condition entitled Duties In The Event of Occurrence,Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1.Give written notice of an occurrence or an offense to us which may result in a claim or "suit"under this insurance; 2.Tender the defense and indemnity of any claim or "suit"to us for a loss we cover under this Coverage Part; 3.Except as provided for in paragraph D.2.below: a.Tender the defense and indemnity of any claim or "suit"to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b.Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"from the additional insured. D.With respect only to the insurance provided by this endorsement,the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2.This insurance is excess over any other insurance available to the additional insured,whether primary,excess, contingent or on any other basis,But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3.When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any "suit"if any other insurer has a duty to defend the additional insured against that "suit"If no other insurer defends,we will undertake to do so,but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance,we will pay only our share of the amount of the loss,if any, that exceeds the sum of: (a)The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b)The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss,if any,with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E.The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2.We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 within the "products-completed operations hazard." All other terms and conditions of the Policy remain unchanged. SB146968B (6-16) Page 2 of 2 Copyright,CNA All Rights Reserved. SB-300001-C (Ed.06/11) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. AMENDMENT –AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Declarations,such limits will be subject to theA.For all sums which the insured becomes legally applicable "Project"General Aggregate limit.obligated to pay as damages caused by "occurrences" under COVERAGE A.1.,and for all medical expenses B.For all sums which the insured becomes legally caused by accidents under COVERAGE A.2.,which obligated to pay as damages caused by can be attributed only to ongoing operations at a single "occurrences,"and for all medical expenses caused by "project":accidents,which cannot be attributed only to ongoing operations at a single "project":1.A separate "Project"General Aggregate limit applies to each "project."The "Project"General 1.Any payments made under COVERAGE A.1.for Aggregate limit is equal to the amount of the damages or under COVERAGE A.2.for medical General Aggregate limit shown in the expenses shall reduce the amount available under Declarations.the General Aggregate limit or the Products/Completed Operations Aggregate limit,2.The "Project"General Aggregate limit is the most whichever is applicable;andwewillpayforthesumofalldamagespayable under COVERAGE A.1.,except damages 2.Such payments shall not reduce any "Project" because of "bodily injury"or "property damage"General Aggregate limit. included in the "products-completed operations C.When coverage for liability arising out of the "products-hazard,"and for medical expenses payable under completed operations hazard"is provided,anyCOVERAGEA.2.regardless of the number of: payments for damages because of "bodily injury"or a.Insureds;"property damage"included in the "products- completed operations hazard"will reduce theb.Claims made or "suits"brought;or Products/Completed Operations Aggregate limit,and c.Persons or organizations making claims or not reduce the General Aggregate limit nor any bringing "suits.""Project"General Aggregate limit. 3.Any payments made under COVERAGE A.1.for D.If a "project"has been abandoned,delayed,or damages or under COVERAGE A.2.for medical abandoned and then restarted,or if the authorized expenses shall reduce the "Project"General contracting parties deviate from plans,blueprints, Aggregate limit for the applicable "project."Such designs,specifications or timetables,the "project"will payments shall not reduce the General Aggregate still be deemed to be the same "project." limit shown in the Declarations nor shall they E.The provisions of the Limits Of Insurance section notreduceany"Project"General Aggregate limit otherwise modified by this endorsement shall continueapplicabletoother"projects." to apply as stipulated. 4.The limits shown in the Declarations for Liability F.The following definition is added to Section F.LiabilityandMedicalExpenses,Damage to Premises and Medical Expenses Definitions:Rented to You,and Medical Expenses continue to apply.However,instead of being subject to the "Project"means "your work"at location(s)away from General Aggregate limit shown in the premises owned or rented to you. SB-300001-C Page 1 of 1IncludescopyrightedmaterialofInsuranceServicesOffice,Inc.,with its permission. (Ed.06/11)Copyright,Insurance Services Office,Inc.,2002