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Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Layland Construction LLC Estimate 35217 Kinsman RD E Roy,WA 98580 US +13605089569 tzlayland@yahoo.com laylandconstruction.com I SHIP TO Brian Hauschel Brian Hauschel City of Bremerton City of Bremerton ESTIMATE# DATE 1428 08/28/2024 F.O. NUMBER SALES REP DES#06419 Todd Layland I DATE I DESCRIPTION QTY RATE AMOUNT 08/28/2024 Clean up and Clean abandoned encampment 56 87.39 4,893.84T restoration -retail located under the Warren Ave. bridge in Bremerton 7 workers for 8 hours Estimated Dump Fee Estimated Dump fee 1 400.00 400.00T Thank you for your business! SUBTOTAL 5,293.84 TAX 487.03 TOTAL $5,780.87 Accepted By Accepted Date ,-Signed by: bvittaiu tkitiA.Saul8/30/2024 Bri arFt'allica6M- Interim Parks Di rector Date LSigned by: UNAM L1 9/3/2024 46 BYA4Y1S313 r413u... Date Tom Knuckey, Public Works Director Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Washington State Department of Enterprise Services MASTER CONTRACT No.06419 ENCAMPMENT CLEANUP SERVICES For Use by Eligible Purchasers By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and LAYLAND CONSTRUCTION,LLC in WESTERN REGION,CATEGORY 1 AND 2 CENTRAL REGION,CATEGORY 1 AND 2 Dated January 18,2021 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E This Master Contract ("Master Contract") is made and entered into by and between the State of Washington acting by and through the Department of Enterprise Services, a Washington State governmental agency("Enterprise Services")and Layland Construction,LLC,a Washington limited liability company("Contractor"),and is dated and effective as of January 18,2022. RECITALS A. Pursuant to Legislative direction codified in RCW chapter 39.26, Enterprise Services, on behalf of the State of Washington, is authorized to develop,solicit, and establish master contracts for services for general use by Washington state agencies and certain other entities(eligible purchasers). B. Washington state agencies and other eligible purchasers that own or manage governmental properties impacted by homeless encampments desire to have a Master Contract that provides an efficient and cost-effective procurement solution to obtain innovative and professional contracted services to scope, plan, collect, remove, and properly dispose, recycle or segregate for storage identified trash,debris, and structures (collectively "Encampment Cleanup Services"). This Master Contract is designed to provide a competitively solicited and awarded procurement solution for such agencies and other eligible purchasers to efficiently and cost-effectively purchase Encampment Cleanup Services. C. On behalf of the State of Washington, Enterprise Services, as part of a competitive governmental procurement, issued Competitive Solicitation No.06419 dated June 29, 2021.The Competitive Solicitation was structured to meet purchaser needs and designed to result in an award of a Master Contract, by geographic area, in which the State of Washington was divided into the Western,Central,and Eastern Regions.The Competitive Solicitation provided an opportunity for bidders to compete for regional Master Contracts in two categories of Encampment Cleanup Services differentiated primarily by size and complexity. D. Enterprise Services evaluated all responses to the Competitive Solicitation and identified Contractor as an apparent successful bidder for the Region(s)and Category(ies)set forth above. E. Enterprise Services has determined that entering into this Master Contract will meet the identified needs and be in the best interest of the State of Washington. F. The purpose of this Master Contract is to enable eligible purchasers to purchase Encampment Cleanup Services as set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual promises, covenants,and conditions set forth herein, the parties hereto hereby agree as follows: 1. TERM.The term of this Master Contract is sixty(60)months,commencingJanuary 17,2022,and ending January 16, 2027. 2. ELIGIBLE PURCHASERS. This Master Contract may be utilized by any of the following types of entities ("Purchaser"): CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 2.1. WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards,and commissions. 2.2. WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any the following institutions of higher education in Washington: • State universities—i.e., University of Washington&Washington State University; • Regional universities— i.e., Central Washington University, Eastern Washington University,&Western Washington University • Evergreen State College; • Community colleges;and • Technical colleges. 2.3. MCUA PARTIES. Any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: • Political subdivisions(e.g.,counties,cities,school districts, public utility districts) in the State of Washington; • Federal governmental agencies or entities; • Public-benefit nonprofit corporations (i.e., §501(c)(3) nonprofit corporations that receive federal,state,or local funding);and • Federally-recognized Indian Tribes located in the State of Washington. 3. SCOPE—INCLUDED GOODS/SERVICES AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to provide only those services set forth in Exhibit A—Included Services for the prices set forth in Exhibit B— Prices. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell any goods and/or services beyond those set forth in Exhibit A—Included Services. 3.2. STATE'S ABI UTY TO MODIFY SCOPE OF MASTER CONTRACT.Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the goods and/or services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty(30)days advance written notice;and Provided further,that any such modification must be within the scope of this Master Contract. 3.3. PRICE CEILING. Although Contractor may offer lower prices to Purchasers, Contractor guarantees to provide Services during the term of this Master Contract at no greater than the rates and mark-up percentages set forth in Exhibit B—Prices. 3.4. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information regarding this Master Contract, including scope, pricing, and lowest responsive, responsible bidder designation,to eligible Purchasers. 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If,at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall,within three business days notify Enterprise Services,in writing,of such breach. CONTRACT NO.06419-ENCAMPMENT CLEANUP SERVICES 2 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 4.1. QUALIFIED TO DO BUSINESS. Contractor represents and warrants that it is in good standing and qualified to do business in the State of Washington,that it is registered with the Washington State Department of Revenue and the Washington Secretary of State, that it possesses and shall keep current all required licenses and/or approvals, and that it is current, in full compliance, and has paid all applicable taxes owed to the State of Washington. 4.2. SUSPENSION&DEBARMENT. Contractor represents and warrants that neither it nor its principals or affiliates presently are debarred,suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in any governmental contract by any governmental department or agency within the United States. 4.:3. QUALITY OF SERVICES. Contractor represents and warrants that in performing this Master Contract,Contractor shall: (a) Perform its obligations in a timely, professional, and workmanlike manner consistent with standards in the profession; (b) Meet or exceed the performance and operational standards and specifications in this Master Contract; (c) Provide all contractual requirements in good quality with no material defects; (d) Not interfere with the Purchaser's operations; (e) Obtain and maintain all necessary licenses, permits, or other authorizations necessary for the performance of the Master Contract; (f) Cooperate with the State and any third party to achieve the objectives of the Master Contract; (g) Return to Purchaser any Purchaser-furnished equipment or other resources in the same condition as when provided when no longer required for the Master Contract; (h) Comply with all State physical and IT security policies and standards which will be made available upon request; (i) Provide the State priority in performance of this Master Contract except as mandated by federal disaster response requirements. Notwithstanding any provision to the contrary, any breach under this paragraph is considered a material breach. 4.4. CERTIFICATION. Contractor in Category 1 represents and warrants and can provide documentation that its employees have received training by a recognized certifying body and been certified as listed below. (a) Hazardous waste handling and disposal; (b) Bloodborne pathogens; (c) Steep slopes—fall protection equipment. Contractor in Category 2 represents and warrants and can provide documentation that its employees have received training by a recognized certifying body and been certified as listed below. (a) Hazardous waste handling and disposal; (b) Bloodborne pathogens. CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES 3 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 4.5. WAGE VIOLATIONS. Contractor represents and warrants that, during the term of this Master Contract and the three-year period immediately preceding the award of the Master Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction,to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46,49.48,or 49.52. 4.6. PAY EQUALITY.Contractor represents and warrants that,among its workers,similarly employed individuals are compensated as equals.For purposes of this provision,employees are similarly employed if the individuals work for the same employer,the performance of the job requires comparable skill,effort,and responsibility,and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.A bona fide job-related factor or factors may include, but not be limited to, education,training,or experience that is:consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor's failure to provide satisfactory evidence of compliance within thirty (30) days, Enterprise Services may suspend or terminate this Master Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Master Contract and/or any agreement entered into pursuant to this Master Contract. 4.7. EXECUTIVE ORDER 18-03—WORKERS' RIGHTS. Contractor represents and warrants, as previously certified in Contractor's Bidder's Certification, that Contractor does NOT require its employees,as a condition of employment,to sign or agree to mandatory individual arbitration clauses or waivers of class or collective action. Contractor further represents and warrants that, during the term of this Contract, Contractor shall not, as a condition of employment, require its employees to sign or agree to mandatory individual arbitration clauses or class or collective action waivers. 4.8. WASHINGTON SMALL BUSINESS. Contractor is self-certified as a Washington Small Business (Micro-business) per RCW 39.26.010. 4.9. PROCUREMENT ETHICS AND PROHIBITION ON GIFTS. Contractor represents and warrants that it complies fully with all applicable procurement ethics restrictions including, but not limited to, restrictions against Contractor providing gifts or anything of economic value, directly or indirectly,to Purchasers'employees. 4.10. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS). Contractor represents and warrants that it is registered in Washington's Electronic Business Solution (WEBS), Washington's contract registration system and that all of its information therein is current and accurate and that throughout the term of this Master Contract,Contractor shall maintain an accurate profile in WEBS. 4.11. STATEWIDE PAYEE DESK. Contractor represents and warrants that it is registered with the Statewide Payee Desk,which registration is a condition to payment. CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES 4 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 4.12. MASTER CONTRACT PROMOTION, ADVERTISING AND ENDORSEMENT. Contractor represents and warrants that it shall use commercially reasonable efforts both to promote and market the use of this Master Contract with eligible Purchasers and to ensure that those entities that utilize this Master Contract are eligible Purchasers. Contractor understands and acknowledges that neither Enterprise Services nor Purchasers are endorsing Contractor's goods and/or services or suggesting that such goods and/or services are the best or only solution to their needs.Accordingly,Contractor represents and warrants that it shall make no reference to Enterprise Services, any Purchaser, or the State of Washington in any promotional material without the prior written consent of Enterprise Services. 4.13. MASTER CONTRACT TRANSITION. Contractor represents and warrants that, in the event this Master Contract or a similar contract is transitioned to another contractor (e.g., Master Contract expiration or termination), Contractor shall use commercially reasonable efforts to assist Enterprise Services for a period of sixty days to effectuate a smooth transition to another contractor to minimize disruption of service and/or costs to the State of Washington. 4.14. CovID-19 VACCINATION VERIFICATION.Contractor represents and warrants,as previously certified in Contractor's Bidder's Certification, that, Contractor has a current COVID-19 Contractor Vaccination Verification Plan to ensure that Contractor's personnel(including subcontractors) who perform this Master Contract on-site at Washington state agency premises or at the premises of any Purchaser who so requests, unless properly excepted or exempted by the Proclamation, are fully vaccinated for COVID-19 as of October 18, 2021 as set forth in the Governor's Proclamation, Proclamation 21-14 — COVID-19 Vaccination Requirement (dated August 9, 2021) as amended by Proclamation 21-14.1 —COVID-19 Vaccination Requirement (dated August 20,2021). Contractor further represents and warrants that Contractor: (a) Has reviewed and understands Contractor's obligations as set forth in Proclamation 21-14—COVID-19 Vaccination Requirement(dated August 9, 2021), as amended by Proclamation 21-14.1 — COVID-19 Vaccination Requirement(dated August 20,2021); (b) Has developed a COVID-19 Vaccination Verification Plan for Contractor's personnel (including subcontractors) that complies with the above- referenced Proclamation; (c) Has obtained a copy or visually observed proof of full vaccination against COVID-19 for Contractor personnel (including subcontractors) who are subject to the vaccination requirement in the above-referenced Proclamation; (d) Complies with the requirements for granting disability and religious accommodations for Contractor personnel (including subcontractors) who are subject to the vaccination requirement in the above-referenced Proclamation; (e) Has operational procedures in place to ensure that any contract activities that occur on-site at Washington state agency premises or at the premises of any Purchaser who so requests(other than only for a short period of time during a given day and where any moments of close proximity to others on- site will be fleeting—e.g.,a few minutes for deliveries)that are performed by Contractor personnel (including subcontractors) will be performed by CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 5 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E personnel who are fully vaccinated or properly excepted or exempted as required by the above-referenced Proclamation; (f) Has operational procedures in place to enable Contractor personnel (including subcontractors) who perform contract activities on-site at Washington state agency premises or at the premises of any Purchaser who so requests to provide compliance documentation that such personnel are in compliance with the above-referenced Proclamation;and (g) Will provide to Enterprise Services or Purchaser,upon request,Contractor's COVID-19 Vaccination Verification Plan and related records, except as prohibited by law, and will cooperate with any investigation or inquiry pertaining to the same. 5. USING THE MASTER CONTRACT—PURCHASES. 5.1. ORDERING REQUIREMENTS. Eligible Purchasers shall order services from this Master Contract, consistent with the terms hereof and by using any ordering mechanism agreeable both to Contractor and Purchaser but, at a minimum, including the use of a purchase order. When practicable, Contractor and Purchaser also shall use telephone orders, email orders, web- based orders, and similar procurement methods (collectively "Purchase Order"). All order documents must reference the Master Contract number.The terms of this Master Contract shall apply to any Purchase Order and, in the event of any conflict,the terms of this Master Contract shall prevail. Notwithstanding any provision to the contrary, in no event shall any 'click-agreement,' software or web-based application terms and conditions, or other agreement modify the terms and conditions of this Master Contract. 5.2. SERVICE REQUIREMENTS. Contractor must ensure that its Encampment Cleanup Services (i.e., its services to scope,plan,collect,remove,and properly dispose,recycle or segregate for storage identified trash, debris, and structures) are performed as required by this Master Contract, the Purchase Order used by Purchaser, or as otherwise mutually agreed in writing between the Purchaser and Contractor. 5.3. RECEIPT AND ACCEPTANCE OF SERVICES.Services purchased under this Master Contract are subject to Purchaser's reasonable inspection and approval. Purchaser reserves the right to reject and refuse acceptance of services that are not in accordance with this Master Contract and Purchaser's purchase order. Purchaser may charge Contractor for the cost of inspecting rejected services. If there are any apparent defects in the services at the time of delivery, Purchaser promptly will notify Contractor. At Purchaser's option, and without limiting any other rights, Purchaser may require Contractor to re-perform, at Contractor's expense, any or all of the services or,at Purchaser's option,Purchaser may note any issues with the services on the receiving report, decline acceptance, and deduct the cost of rejected services from final payment. Payment for any services under such Purchase Order shall not be deemed acceptance of the services. 5.4. ON-SITE REQUIREMENTS. While on Purchaser's premises or on the worksite for contracted cleanup services, Contractor, its agents, employees, or subcontractors shall comply, in all respects,with Purchaser's physical,fire,access,safety,and other security requirements. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 6 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 5.5. CONTRACTOR RESPONSIBILITIES. Consistent with the applicable Purchaser Purchase Order, Contractor must perform, as applicable, each and all of the following project-coordination and cleanup services: (a) Project-coordination requirements. Contractor shall: 1. Coordinate the date(s) and times for the performance of the contracted Encampment Cleanup Services with Purchaser's project coordinator. 2. Ensure that no Encampment Cleanup Services are performed prior to execution of the applicable Purchase Order with Purchaser and Purchaser's authorization to commence such services as set forth in Purchaser's Purchase Order. 3. Notify Purchaser's project coordinator upon each arrival and departure of Contractor's crews to/from the work site. 4. Provide an on-site supervisor responsible for the supervision of Contractor's crew and ensure all necessary safety procedures are followed in compliance with applicable law and Purchaser's written requirements, if any, set forth in the applicable Work Order.This individual also shall serve as Contractor's contact for the project with Purchaser. 5. Follow Purchaser's written policies as set forth in the Purchase Order for limiting or restricting personal engagement with encampment residents or other individuals. Contractor shall not perform any services under this Master Contract if any encampment residents or other individuals are present, unless mutually agreed to in writing with the Purchaser. Contractor shall not attempt to displace any encampment resident or other individual from the job site. 6. Survey the identified cleanup site and prepare a detailed scope of work/workplan to effectuate the cleanup. 7. Document the cleanup site photographically both before beginning the Encampment Cleanup Services and after completing the contracted job. 8. Ensure Contractor's work crew are wearing appropriate personal protective equipment (PPE) and follow appropriate safety protocols while on site at all times. (b) Cleanup and environmental-mitigation requirements.Contractor shall: 1. Resources.Supply all labor, materials,tools,equipment,vehicles, personal protective equipment, portable bathroom facilities, dumpsters and other supplies that may be required to perform the Encampment Cleanup Services. 2. Collection and removal.Collect, dismantle, and remove all identified trash, debris,and structures as set forth in the Purchase Order. 3. Disposal. Properly dispose of identified materials as set forth in the scope of work/work plan pursuant to Purchaser's Purchase Order. Materials designated for disposal shall be properly and safely handled, transported, and disposed of consistent with all applicable law (e.g., hazardous waste, universal waste, medical waste, and other regulated materials) at a site permitted to accept such materials. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 7 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 4. Hazardous materials.Follow local,state,federal and/or tribal requirements to safely manage any hazardous materials that may be found on the job site,including urine,feces,soiled personal hygiene items,syringes and drug residue,and other materials which could pose a health threat. 5. Firearms, explosives and contraband. Contact the Purchaser and/or Purchaser's law enforcement in the event that weapons,explosives and/or illegal contraband are found at the encampment.Contractor will stop work immediately, notify the Purchaser's project coordinator,and wait for word from the Purchaser when work may re-commence. 6. Methamphetamine or fentanyl labs. Stop work immediately, vacate all workers from the site, and contact Purchaser's project coordinator for further guidance upon discovery of potential evidence of methamphetamine or fentanyl labs on the site or other structures, materials or chemicals for suspected manufacture of illegal drugs. Contractor, as part of Contract 06419, may not perform and shall not be required to perform cleanup of suspected meth or fentanyl labs or other drug-manufacture facilities or materials. 7. Recycling.Properly recycle applicable identified materials as set forth in the scope of work/work plan pursuant to Purchaser's Purchase Order. Materials designated for recycling shall be properly handled, transported, and recycled at an authorized recycling center, consistent with all applicable law. 8. Segregated personal property items. Properly identify and segregate for Purchaser's storage such personal items as identified by Purchaser in Purchaser's Purchase Order. Contractor's obligation is to provide bags, identify, tag and retain "personal property" items (e.g., identification documents or records, prescription medicines, photographs, cell phones, money/jewelry,etc.)as identified during its Encampment Cleanup Services. Contractor shall coordinate delivery of such personal property items to Purchaser's designated storage location as set forth in Purchaser's Purchase Order. 6. INVOICING AND PAYMENT. 6.1. CONTRACTOR INVOICE. Contractor shall submit to Purchaser's designated invoicing contact properly itemized invoices.Such invoices shall itemize the following: (a) Master Contract No.06419. (b) Contractor name,address,telephone number,and email address for billing issues (i.e.,Contractor customer service representative). (c) Contractor's Federal Tax Identification Number (d) Date(s)of delivery of services (e) Invoice amount; and (f) Payment terms, including any available prompt payment discounts. Contractor's invoices for payment shall reflect accurate Master Contract prices. Invoices will not be processed for payment until receipt of a complete invoice as specified herein. Contractor shall provide Purchaser with the estimates and invoices for the services that CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 8 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E breakdown the total cost into the number of hours required to complete the services, and pricing for materials and permit charges in accordance with the rates and mark-ups as set forth in Exhibit B—Prices. Upon Purchaser's request Contractor has to provide its supplier invoices to verify cost paid for materials. 6.2. PAYMENT. Payment is the sole responsibility of, and will be made by,the Purchaser. Payment is due within thirty days of invoice. If Purchaser fails to make timely payment(s), Contractor may invoice Purchaser in the amount of one percent(1%) per month on the amount overdue or a minimum of$1.Payment will not be considered late if a check or warrant is mailed within the time specified. 6.3. OVERPAYMENTS. Contractor promptly shall refund to Purchaser the full amount of any erroneous payment or overpayment. Such refunds shall occur within thirty days of written notice to Contractor; Provided, however,that Purchaser shall have the right to elect to have either direct payments or written credit memos issued. If Contractor fails to make timely payment(s) or issuance of such credit memos, Purchaser may impose one percent (1%) per month on the amount overdue thirty days after notice to the Contractor. 6.4. No ADVANCE PAYMENT. No advance payments shall be made for any products or services furnished by Contractor pursuant to this Master Contract. 6.5. No ADDITIONAL CHARGES. Unless otherwise specified herein, Contractor shall not include or impose any additional charges including, but not limited to,charges for shipping, handling,or payment processing. 6.6. TAXES/FEES. Contractor promptly shall pay all applicable taxes on its operations and activities pertaining to this Master Contract. Failure to do so shall constitute breach of this Master Contract. Unless otherwise agreed, Purchaser shall pay applicable sales tax imposed by the State of Washington on purchased goods and/or services. Contractor, however, shall not make any charge for federal excise taxes and Purchaser agrees to furnish Contractor with an exemption certificate where appropriate. 7. CONTRACT MANAGEMENT. 7.1. CONTRACT ADMINISTRATION AND NOTICES. Except for legal notices, the parties hereby designate the following contract administrators as the respective single points of contact for purposes of this Master Contract. Enterprise Services' contract administrator shall provide Master Contract oversight.Contractor's contract administrator shall be Contractor's principal contact for business activities under this Master Contract. The parties may change contractor administrators by written notice as set forth below. Any notices required or desired shall be in writing and sent by U.S. mail, postage prepaid, or sent via email,and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor Attn: Bart Potter Attn: 0#l1. LA• '/A," Washington Dept.of Enterprise Services 444ty/j .yii rotas tivoneiciat PO Box 41411 352_I 7 IC:Atsavoi Ri C. AW7_f/4. Olympia,WA 98504-1411 9 r5to CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 9 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Tel: (360)407-9431 Tel:(, Q)36D&Dpa��`,,� Email: bart.potter@des.wa.gov Email��opCW'K. Notices shall be deemed effective upon the earlier of receipt, if mailed, or, if emailed, upon transmission to the designated email address of said addressee. 7.2. CONTRACTOR CUSTOMER SERVICE REPRESENTATIVE. Contractor shall designate a customer service representative (and inform Enterprise Services of the same) who shall be responsible for addressing Purchaser issues pertaining to this Master Contract. 7.3. LEGAL NOTICES. Any legal notices required or desired shall be in writing and delivered by U.S. certified mail, return receipt requested, postage prepaid, or sent via email, and shall be sent to the respective addressee at the respective address or email address set forth below or to such other address or email address as the parties may specify in writing: Enterprise Services Contractor Attn: Legal Services Manager Attn: '1 bi Lay 4,-0i Washington Dept.of Enterprise Services 'Ay/iwv CoNsrtarbosi PO Box 41411 352/ 7 'iivsinitl✓/2 Olympia,WA 98504-1411 Per V kVA- 9 k5 0-O Email:greg.tolbert@des.wa.gov Email: 311-Al hibv/4 / /m/a.C. onL Notices shall be deemed effective upon the earlier of receipt when delivered, or, if mailed, upon return receipt,or,if emailed,upon transmission to the designated email address of said addressee. 8. CONTRACTOR SALES REPORTING;VENDOR MANAGEMENT FEE;AND CONTRACTOR REPORTS. 8.1. MASTER CONTRACT SALES REPORTING. Contractor shall report total Master Contract sales quarterly to Enterprise Services, as set forth below. (a) Master Contract Sales Reporting System.Contractor shall report quarterly Master Contract sales in Enterprise Services' Master Contract Sales Reporting System. Enterprise Services will provide Contractor with a login password and a vendor number. The password and vendor number will be provided to the Sales Reporting Representative(s) listed on Contractor's Bidder Profile. (b) Data. Each sales report must identify every authorized Purchaser by name as it is known to Enterprise Services and its total combined sales amount invoiced during the reporting period (i.e.,sales of an entire agency or political subdivision, not its individual subsections).The "Miscellaneous" option may be used only with prior approval by Enterprise Services. Upon request, Contractor shall provide contact information for all authorized Purchasers specified herein during the term of the Master Contract. If there are no Master Contract sales during the reporting period, Contractor must report zero sales. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 10 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (c) Due dates for Master Contract Sales Reporting. Quarterly Master Contract Sales Reports must be submitted electronically by the following deadlines for all sales invoiced during the applicable calendar quarter: FOR CALENDAR QUARTER MASTER CONTRACT ENDING SALES REPORT DUE March 31: April 30 June 30: July 31 September 30: October 31 December 31: January 31 8.2. VENDOR MANAGEMENT FEE. Contractor shall pay to Enterprise Services a vendor management fee ("VMF") of 1.5 percent on the purchase price for all Master Contract sales (the purchase price is the total invoice price less applicable sales tax). (a) The sum owed by Contractor to Enterprise Services as a result of the VMF is calculated as follows: Amount owed to Enterprise Services = Total Master Contract sales invoiced (not including sales tax)x.015. (b) The VMF must be rolled into Contractor's current pricing.The VMF must not be shown as a separate line item on any invoice unless specifically requested and approved by Enterprise Services. (c) Enterprise Services will invoice Contractor quarterly based on Master Contract sales reported by Contractor. Contractors are not to remit payment until they receive an invoice from Enterprise Services. Contractor's VMF payment to Enterprise Services must reference this Master Contract number, work request number(if applicable),the year and quarter for which the VMF is being remitted, and the Contractor's name as set forth in this Master Contract, if not already included on the face of the check. (d) Failure to accurately report total net sales, to submit a timely usage report, or remit timely payment of the VMF, may be cause for Master Contract suspension or termination or the exercise of other remedies provided by law. Without limiting any other available remedies,the Parties agree that Contractor's failure to remit to Enterprise Services timely payment of the VMF shall obligate Contractor to pay to Enterprise Services, to offset the administrative and transaction costs incurred by the State to identify,process,and collect such sums, the sum of $200.00 or twenty-five percent (25%) of the outstanding amount, whichever is greater,or the maximum allowed by law, if less. (e) Enterprise Services reserves the right, upon thirty (30) days advance written notice,to increase, reduce, or eliminate the VMF for subsequent purchases, and reserves the right to renegotiate Master Contract pricing with Contractor when any subsequent adjustment of the VMF might justify a change in pricing. 8.3. ANNUAL MASTER CONTRACT SALES REPORT. Contractor shall provide to Enterprise Services a detailed annual Master Contract sales report. Such report shall include, at a minimum: Product description, part number or other Product identifier, per unit quantities sold, and CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES 11 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Master Contract price.This report must be provided in an electronic format that can be read by Microsoft(MS) Excel. 9. RECORDS RETENTION AND AUDITS 9.1. RECORDS RETENTION.Contractor shall maintain books, records, documents,and other evidence pertaining to this Master Contract and orders placed by Purchasers under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall retain such records for a period of six (6)years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period, such period shall extend until all such litigation,claims,or audits have been resolved. 9.2. AUDIT. Enterprise Services reserves the right to audit,or have a designated third party audit, applicable records to ensure that Contractor has properly invoiced Purchasers and that Contractor has paid all applicable vendor management fees. Accordingly, Contractor shall permit Enterprise Services, any Purchaser, and any other duly authorized agent of a governmental agency,to audit, inspect,examine,copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Contract or orders placed by a Purchaser under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of six (6) years following expiration or termination of this Master Contract or final payment for any order placed by a Purchaser against this Master Contract, whichever is later; Provided, however, that if any litigation, claim, or audit is commenced prior to the expiration of this period,such period shall extend until all such litigation,claims,or audits have been resolved. 9.3. OVERPAYMENT OF PURCHASES OR UNDERPAYMENT OF FEES. Without limiting any other remedy available to any Purchaser, Contractor shall (a) reimburse Purchasers for any overpayments inconsistent with the terms of this Master Contract or orders, at a rate of 125% of such overpayments, found as a result of the examination of the Contractor's records; and (b) reimburse Enterprise Services for any underpayment of fees,at a rate of 125%of such fees found as a result of the examination of the Contractor's records(e.g.,if Contractor underpays the Vendor Management Fee by $500, Contractor would be required to pay to Enterprise Services$500 x 1.25=$625). 10. INSURANCE. 10.1. REQUIRED INSURANCE.During the Term of this Master Contract,Contractor,at its expense, shall maintain in full force and effect the insurance coverages set forth in Exhibit C— Insurance Requirements.All costs for insurance,including any payments of deductible amounts,shall be considered incidental to and included in the prices for goods/services and no additional payment shall be made. 10.2. WORKERS COMPENSATION. Contractor shall comply with applicable workers compensation statutes and regulations(e.g.,RCW Title 51,Industrial Insurance).If Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Enterprise Services may terminate this Master Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I)rights to collect from Contractor.In addition,Contractor waives its immunity under RCW CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 12 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Title 51 to the extent it is required to indemnify, defend, and hold harmless the State of Washington and its agencies,officials,agents,or employees. 11. CLAIMS. 11.1. ASSUMPTION OF RISKS;CLAIMS BETWEEN THE PARTIES.Contractor assumes sole responsibility and all risks of personal injury or property damage to itself and its employees and agents in connection with its operations under this Master Contract. Enterprise Services has made no representations regarding any factor affecting Contractor's risks. Contractor shall pay for all damage to any Purchaser's property resulting directly or indirectly from its acts or omissions under this Master Contract,even if not attributable to negligence by Contractor or its agents. 11.2. THIRD-PARTY CLAIMS;INDEMNITY.To the fullest extent permitted by law,Contractor shall defend, indemnify,and hold harmless Enterprise Services and any Purchaser and their employees and agents from and against all claims, demands,judgments, assessments, damages, penalties, fines,costs,liabilities or losses including,without limitation,sums paid in settlement of claims, attorneys'fees,consultant fees,and expert fees(collectively"claims")arising from any act or omission of Contractor or its successors, agents, and subcontractors under this Master Contract, except claims caused solely by Enterprise Services or any Purchasers' negligence. Contractor shall take all steps needed to keep Purchaser's property free of liens arising from Contractor's activities,and promptly obtain or bond the release of any such liens that may be filed. 12. DISPUTE RESOLUTION. The parties shall cooperate to resolve any dispute pertaining to this Master Contract efficiently,as timely as practicable,and at the lowest possible level with authority to resolve such dispute. If, however, a dispute persists and cannot be resolved, it may be escalated within each organization. In such situation, upon notice by either party, each party, within five (5) business days shall reduce its description of the dispute to writing and deliver it to the other party. The receiving party then shall have three (3) business days to review and respond in writing. In the event that the parties cannot then agree on a resolution of the dispute, the parties shall schedule a conference between the respective senior managers of each organization to attempt to resolve the dispute. In the event the parties cannot agree, either party may resort to court to resolve the dispute. 13. SUSPENSION AND TERIVIINATION;REMEDIES. 13.1. SUSPENSION AND TERMINATION FOR DEFAULT. Enterprise Services may suspend Contractor's operations under this Master Contract immediately by written cure notice of any default. Suspension shall continue until the default is remedied to Enterprise Services' reasonable satisfaction; Provided, however,that, if after thirty(30) days from such a suspension notice, Contractor remains in default, Enterprise Services may terminate Contractor's rights under this Master Contract. All of Contractor's obligations to Enterprise Services and Purchasers survive termination of Contractor's rights under this Master Contract, until such obligations have been fulfilled. 13.2. DEFAULT. Each of the following events shall constitute default of this Master Contract by Contractor: (a) Contractor fails to perform or comply with any of the terms or conditions of this Master Contract including, but not limited to, Contractor's obligation to pay vendor management fees when due; (b) Contractor breaches any representation or warranty provided herein; or CONTRACT No.06419-ENCAMPMENT CLEANUP SERVICES 13 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (c) Contractor enters into proceedings relating to bankruptcy, whether voluntary or involuntary. 13.3. REMEDIES FOR DEFAULT. (a) Enterprise Services' rights to suspend and terminate Contractor's rights under this Master Contract are in addition to all other available remedies. (b) In the event of termination for default, Enterprise Services may exercise any remedy provided by law including,without limitation, the right to procure for all Purchasers replacement goods and/or services. In such event, Contractor shall be liable to Enterprise Services for damages as authorized by law including, but not limited to, any price difference between the Master Contract price and the replacement or cover price as well as any administrative and/or transaction costs directly related to such replacement procurement—e.g.,the cost of the competitive procurement. 13.4. LIMITATION ON DAMAGES. Notwithstanding any provision to the contrary,the parties agree that in no event shall any party or Purchaser be liable to the other for exemplary or punitive damages. 13.5. GOVERNMENTAL TERMINATION. (a) Termination for Withdrawal of Authority. Enterprise Services may suspend or terminate this Master Contract if, during the term hereof, Enterprise Services' procurement authority is withdrawn, reduced, or limited such that Enterprise Services, in its judgment, would lack authority to enter into this Master Contract; Provided, however,that such suspension or termination for withdrawal of authority shall only be effective upon twenty (20) days prior written notice; and Provided further, that such suspension or termination for withdrawal of authority shall not relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such suspension or termination for withdrawal of authority, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. (b) Termination for Public Convenience. Enterprise Services, for public convenience, may terminate this Master Contract; Provided, however, that such termination for public convenience must,in Enterprise Services'judgment, be in the best interest of the State of Washington; and Provided further, that such termination for public convenience shall only be effective upon sixty (60) days prior written notice; and Provided further,that such termination for public convenience shall not relieve any Purchaser from payment for goods and/or services already ordered as of the effective date of such notice. Except as stated in this provision, in the event of such termination for public convenience, neither Enterprise Services nor any Purchaser shall have any obligation or liability to Contractor. 13.6. TERMINATION PROCEDURE. Regardless of basis,in the event of suspension or termination (in full or in part), the parties shall cooperate to ensure an orderly and efficient suspension or termination.Accordingly,Contractor shall deliver to Purchasers all goods and/or services that are complete (or with approval from Enterprise Services, substantially complete) and Purchasers shall inspect,accept,and pay for the same in accordance with this Master Contract and the applicable Purchase Order. Unless directed by Enterprise Services to the contrary, Contractor shall not process any orders after notice of suspension or termination inconsistent therewith. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 14 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 14. GENERAL PROVISIONS. 14.1. TIME Is OF THE ESSENCE. Time is of the essence for each and every provision of this Master Contract. 14.2. COMPLIANCE WITH LAW.Contractor shall comply with all applicable law. 14.3. INTEGRATED AGREEMENT. This Master Contract constitutes the entire agreement and understanding of the parties with respect to the subject matter and supersedes all prior negotiations, representations, and understandings between them. There are no representations or understandings of any kind not set forth herein. 14.4. AMENDMENT OR MODIFICATION. Except as set forth herein, this Master Contract may not be amended or modified except in writing and signed by a duly authorized representative of each party. 14.5. AUTHORITY. Each party to this Master Contract, and each individual signing on behalf of each party, hereby represents and warrants to the other that it has full power and authority to enter into this Master Contract and that its execution, delivery, and performance of this Master Contract has been fully authorized and approved, and that no further approvals or consents are required to bind such party. 14.6. No AGENCY. The parties agree that no agency, partnership, or joint venture of any kind shall be or is intended to be created by or under this Master Contract. Neither party is an agent of the other party nor authorized to obligate it. 14.7. ASSIGNMENT. Contractor may not assign its rights under this Master Contract without Enterprise Services' prior written consent and Enterprise Services may consider any attempted assignment without such consent to be void;Provided,however,that,if Contractor provides written notice to Enterprise Services within thirty (30) days, Contractor may assign its rights under this Master Contract in full to any parent,subsidiary,or affiliate of Contractor that controls or is controlled by or under common control with Contractor, is merged or consolidated with Contractor,or purchases a majority or controlling interest in the ownership or assets of Contractor.Unless otherwise agreed,Contractor guarantees prompt performance of all obligations under this Master Contract notwithstanding any prior assignment of its rights. 14.8. BINDING EFFECT;SUCCESSORS AND ASSIGNS. This Master Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. 14.9. PUBLIC INFORMATION. This Master Contract and all related documents are subject to public disclosure as required by Washington's Public Records Act, RCW chapter 42.56. 14.10. ASSIGNMENT OF ANTITRUST RIGHTS REGARDING PURCHASED GOODS/SERVICES. Contractor irrevocably assigns to Enterprise Services, on behalf of the State of Washington, any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws in connection with any goods and/or services provided in Washington for the purpose of carrying out the Contractor's obligations under this Master Contract, including,at Enterprise Services'option, the right to control any such litigation on such claim for relief or cause of action. 14.11. FEDERAL FUNDS.To the extent that any Purchaser uses federal funds to purchase goods and/or services pursuant to this Master Contract, such Purchaser shall specify, with its order, any CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES 15 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E applicable requirement or certification that must be satisfied by Contractor at the time the order is placed or upon delivery. 14.12. SEVERABILITY. If any provision of this Master Contract is held to be invalid or unenforceable, such provision shall not affect or invalidate the remainder of this Master Contract, and to this end the provisions of this Master Contract are declared to be severable. If such invalidity becomes known or apparent to the parties,the parties agree to negotiate promptly in good faith in an attempt to amend such provision as nearly as possible to be consistent with the intent of this Master Contract. 14.13. WAIVER. Failure of either party to insist upon the strict performance of any of the terms and conditions hereof,or failure to exercise any rights or remedies provided herein or by law, or to notify the other party in the event of breach,shall not release the other party of any of its obligations under this Master Contract,nor shall any purported oral modification or rescission of this Master Contract by either party operate as a waiver of any of the terms hereof. No waiver by either party of any breach, default, or violation of any term, warranty, representation, contract, covenant, right, condition, or provision hereof shall constitute waiver of any subsequent breach, default, or violation of the same or other term, warranty, representation,contract,covenant, right,condition,or provision. 14.14. SURVIVAL. All representations, warranties, covenants, agreements, and indemnities set forth in or otherwise made pursuant to this Master Contract shall survive and remain in effect following the expiration or termination of this Master Contract, Provided, however, that nothing herein is intended to extend the survival beyond any applicable statute of limitations periods. 14.15. GOVERNING LAW. The validity, construction, performance, and enforcement of this Master Contract shall be governed by and construed in accordance with the laws of the State of Washington,without regard to its choice of law rules. 14.16. JURISDICTION &VENUE. In the event that any action is brought to enforce any provision of this Master Contract,the parties agree to exclusive jurisdiction in Thurston County Superior Court for the State of Washington and agree that in any such action venue shall lie exclusively at Olympia,Washington. 14.17. ATTORNEYS'FEES.Should any legal action or proceeding be commenced by either party in order to enforce this Master Contract or any provision hereof, or in connection with any alleged dispute, breach, default, or misrepresentation in connection with any provision herein contained, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs incurred in connection with such action or proceeding, including costs of pursuing or defending any legal action,including,without limitation,any appeal,discovery,or negotiation and preparation of settlement arrangements, in addition to such other relief as may be granted. 14.18. FAIR CONSTRUCTION AND INTERPRETATION. The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract.Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 16 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 14.19. FURTHER ASSURANCES. In addition to the actions specifically mentioned in this Master Contract, the parties shall each do whatever may reasonably be necessary to accomplish the transactions contemplated in this Master Contract including, without limitation, executing any additional documents reasonably necessary to effectuate the provisions and purposes of this Master Contract. 14.20. EXHIBITS.All exhibits referred to herein are deemed to be incorporated in this Master Contract in their entirety. 14.21. CAPTIONS AND HEADINGS.The captions and headings in this Master Contract are for convenience only and are not intended to,and shall not be construed to,limit,enlarge,or affect the scope or intent of this Master Contract nor the meaning of any provisions hereof. 14.22. ELECTRONIC SIGNATURES.A signed copy of this Master Contract or any other ancillary agreement transmitted by facsimile,email,or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Master Contract or such other ancillary agreement for all purposes. 14.23. COUNTERPARTS.This Master Contract may be executed in any number of counterparts,each of which shall be deemed an original and all of which counterparts together shall constitute the same instrument which may be sufficiently evidenced by one counterpart. Execution of this Master Contract at different times and places by the parties shall not affect the validity thereof so long as all the parties hereto execute a counterpart of this Master Contract. EXECUTED as of the date and year first above written. STATE OF WASHINGTON LAYLAND CONSTRUCTION,LLC Department of Enterprise Services a Washington Limited Liability Company By: By: /07646,.c77,...e".90.0. Elena McGrew Todd Layland Its: Statewide Enterprise Procurement Mgr. Its: Owner CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES 17 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E EXHIBIT A INCLUDED SERVICES S P ndO ilt Skagit OkanoganStevens l Clatlam Snohomish Chelan Jefferson Douglas Kitsa, Lincoln Spokane Mason KiWlas Grant rays Harbor Pierce Whitman itia, PacificMil Franklin Yakima Urn Cowlitz ' alla Wall sotin ■ kamania Benton Western ® Central411 414,111° • Eastern REGIONS AND CATEGORIES. Contractor will work, as awarded, in one, two or three Washington regions: Western, Central and Eastern (see map above). Contractor will work, as awarded, in one or both of two categories: a. Category 1: High and medium-high complexity cleanups—This category is for large sites (1.5 acres or larger) for which cleanup might require heavy equipment and experience in navigating steep slopes, safely removing large amounts of medical, chemical, biological and/or solid waste, and addressing the potential for bloodborne pathogens onsite. Category 1 requires documentation of certification in steep slopes — fall protection equipment; hazardous waste handling and disposal; and bloodborne pathogens. b. Category 2: Moderate-and low-complexity cleanups—This category is for smaller sites(less than 1.5 acres)for which cleanup will not require heavy equipment and the site topography is flat or moderately flat. Category 2 requires documentation of certification in hazardous waste handling/disposal and bloodborne pathogens. c. Notes: 1) Purchasers may not hire contractors for a Category 1-designated cleanup site that did not bid and win award in that category. 2) Purchasers may not hire contractors for a Category 2-designated cleanup site that did not bid and win award in that category. CONTRACT NO.06419-ENCAMPMENT CLEANUP SERVICES PAGE 18 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 3) Purchasers may designate a cleanup site of 1,5 acres or less as Category 1 if the cleanup requires navigation of steep slopes(grades of 30 percent[16.7 degrees] or greater) and/or requires the use of heavy equipment. 4) Purchasers may designate a cleanup site of larger than 1.5 acres as Category 2 if the cleanup does not require navigation of steep slopes(grades of 30 percent [16.7 degrees] or greater)or the use of heavy equipment. CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES PAGE 19 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Exhibit B PRICES FOR SERVICES There will be differences county-to-county within a region in the Department of Labor and Industries' prevailing wage rates for jobs relevant to Contract 06419. King County and Yakima County County were used here for example purposes only. Column 1:These prevailing wage rates are for example purposes and apply only to the job classes listed in the tables for certain counties in the region at the time of contract execution. NOTE: Prevailing wage tables are updated twice-yearly by Labor and Industries. Please check the Labor and Industries website at https://secure.lni.wa.gov/wagelookup for current wage rates. Column 2:The contractual maximum markup percentage Contractor will apply to the then-current base prevailing wage as reflected in the official Labor and Industries wage rate tables. Column 3: An example of the Contractor's maximum hourly wage rate based on the contractual mark-up percentage;this rate will vary depending on the county in which contract services are performed. WESTERN REGION Category 1 1 2 3 Current Markup% Max hourly Job PW* Project manager $84 General laborer $54.62 60% $87.39 Power eqpt. operator 72.70 60 116.32 Haz.waste worker C 54.62 60 87.39 Driver, dump truck/trailer 64.55 60 103.28 *Based on King County Category 2 1 2 3 Current Markup% Max hourly Job PW* Project manager $84 General laborer $54.62 60% $87.39 Haz.waste worker C 54.62 60 87.39 Driver, dump truck/trailer 64.55 60 103.28 *Based on King County CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES PAGE 20 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E CENTRAL REGION Category 1 1 2 3 Job Current Markup% Max hourly PW* Project manager $84 General laborer $44.12 60% $70.59 Power eqpt. operator 69.27 60 110.83 Haz.waste worker C 44.12 60 70.59 Driver, dump truck/trailer 51.00 60 81.60 *Based on Yakima County Category 2 1 2 3 Job Current Markup% Max hourly PW* Project manager $84 General laborer $44.12 60% 70.59 Haz.waste worker C $44.12 60 70.59 Driver, dump truck/trailer 51.00 60 81.60 *Based on Yakima County CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES PAGE 21 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E Exhibit C INSURANCE REQUIREMENTS 1. INSURANCE OBLIGATION. During the Term of this Master Contract, Contractor shall possess and maintain in full force and effect,at Contractor's sole expense,the following insurance coverages: a. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial general liability insurance (and, if necessary, commercial umbrella liability insurance) covering bodily injury, property damage, products/completed operations, personal injury, and advertising injury liability on an'occurrence form'that shall be no less comprehensive and no more restrictive than the coverage provided by Insurance Services Office (ISO) under the most recent version of form CG 00 01 in the amount of not less than $2,000,000 per occurrence and $4,000,000 general aggregate. This coverage shall include blanket contractual liability coverage. This coverage shall include a cross-liability clause or separation of insured condition. b. WORKERS' COMPENSATION INSURANCE. Contractor shall comply with applicable Workers' Compensation or Industrial Accident insurance providing benefits as required by law. c. EMPLOYER'S LIABILITY(STOP GAP)INSURANCE. Employer's liability insurance (and, if necessary, commercial umbrella liability insurance) with limits not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000 bodily injury by disease policy limit. d. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE. Commercial automobile liability insurance covering the ownership, maintenance, and/or use of all owned/leased, non-owned, and hired vehicles used in the performance of the Master Contract,with limits of not less than $1,000,000 per accident, combined single limit for bodily injury and property damage liability. Coverage shall be provided on Insurance Services Office (ISO) form number CA 0001 or an equivalent. The required limits can be satisfied by any combination of primary, umbrella,or excess policy. The insurance coverage limits set forth herein are the minimum. Contractor's insurance coverage shall be no less than the minimum amounts specified.Coverage in the amounts of these minimum limits,however,shall not be construed to relieve Contractor from liability in excess of such limits. Contractor waives all rights against the State of Washington for the recovery of damages to the extent such damages are covered by any insurance required herein. 2. INSURANCE CARRIER RATING. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable to the State of Washington's Office of Risk Management. Insurance coverage shall be provided by companies authorized to do business within the State of Washington and rated A- Class VII or better in the most recently published edition of Best's Insurance Rating. Enterprise Services reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. 3. ADDITIONAL INSURED.Commercial General Liability,Commercial Automobile Liability,and Pollution Liability Insurance shall include the State of Washington and all authorized Purchasers(and their agents, officers, and employees) as Additional Insureds evidenced by copy of the Additional Insured Endorsement attached to the Certificate of Insurance on such insurance policies. CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES PAGE 22 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 4. CERTIFICATE OF INSURANCE. Prior to execution of the Master Contract, Contractor shall furnish to Enterprise Services, as evidence of the insurance coverage required by this Master Contract, a certificate of insurance satisfactory to Enterprise Services that insurance, in the above-stated kinds and minimum amounts, has been secured. In addition, no less than ten (10) days prior to coverage expiration, Contractor shall furnish to Enterprise Services an updated or renewed certificate of insurance, satisfactory to Enterprise Services, that insurance, in the above-stated kinds and minimum amounts,has been secured.Failure to maintain or provide proof of insurance, as required, will result in contract cancellation. All policies and certificates of insurance shall include the Master Contract number stated on the cover of this Master Contract.All certificates of Insurance and any related insurance documents shall be delivered to Enterprise Services by U.S. mail, postage prepaid,or sent via email,and shall be sent to the address or email address set forth below or to such other address or email address as Enterprise Services may specify in writing: US Mail: Contracts and Procurement—Master Contract Insurance Certificate Master Contract No.06419—Encampment Cleanup Services Attn: Bart Potter Washington Dept.of Enterprise Services PO Box 41411 Olympia,WA 98504-141 Email: bart.potter@ides.wa.gov Note: For email notice,the email subject line must state: Master Contract Insurance Certificate—Master Contract No.06419 —Encampment Cleanup Services 5. PRIMARY COVERAGE. Contractor's insurance shall apply as primary and shall not seek contribution from any insurance or self-insurance maintained by,or provided to,the additional insureds listed above including, at a minimum, the State of Washington and/or any Purchaser. All insurance or self-insurance of the State of Washington and/or Purchasers shall be excess of any insurance provided by Contractor or subcontractors. 6. SUBCONTRACTORS. Contractor shall include all subcontractors as insureds under all required insurance policies. Alternatively, prior to utilizing any subcontractor, Contractor shall cause any such subcontractor to provide insurance that complies with all applicable requirements of the insurance set forth herein and shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Each subcontractor must comply fully with all insurance requirements stated herein. Failure of any subcontractor to comply with insurance requirements does not limit Contractor's liability or responsibility. 7. WAIVER OF SUBROGATION. Contractor waives all rights of subrogation against the State of Washington and any Purchaser for the recovery of damages to the extent such damages are or would be covered by the insurance specified herein. 8. NOTICE OF CHANGE OR CANCELLATION.There shall be no cancellation,material change, exhaustion of aggregate limits,or intent not to renew insurance coverage,either in whole or in part,without at least sixty (60) days prior written Legal Notice by Contractor to Enterprise Services. Failure to CONTRACT No.06419—ENCAMPMENT CLEANUP SERVICES PAGE 23 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E provide such notice, as required, shall constitute default by Contractor. Any such written notice shall include the Master Contract number stated on the cover of this Master Contract. 9. EXTENDED REPORTING PERIOD. If any required insurance coverage is on a claims-made basis (rather than occurrence), Contractor shall maintain such coverage for a period of no less than three (3) years following expiration or termination of the Master Contract. CONTRACT NO.06419—ENCAMPMENT CLEANUP SERVICES PAGE 24 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E ®EP DATE(MM/DD/YYYY) A�� CERTIFICATE OF LIABILITY INSURANCE 8/29/2024 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 CONTANAME:CT Sophia RODRIGUEZ Sound Business Insurance (A/CNNo,Ext): (253)858-9988 FAX No): 3312 Rosedale St.,#103 AL ADD DRDRESS: Sophia@soundbiz.net INSURER(S)AFFORDING COVERAGE NAIC# Gig Harbor WA 98335 INSURER A: GUIDEONE NATL INS CO 14167 INSURED INSURER B: UNITED FNCL CAS CO 11770 LAYLAND CONSTRUCTION LLC INSURER C: 35217 KINSMAN RD E INSURER D: INSURER E: ROY WA 985808357 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AUUL DUCK POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 UHMHIit I U KtN I tU CLAIMS-MADE 7OCCUR PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 5,000 — A Y Y ENV562012585-02 04/15/2024 11/23/2024 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY n jECT n LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 _ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B -OWNED -/ SCHEDULED AUTOS ONLY 'IL AUTOS Y Y 00288558-0 03/13/2024 03/13/2025 BODILY INJURY(Per accident) $ -HIRED -NON-OWNED PROPER I Y DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 3,000,000 A X EXCESS LIAB CLAIMS-MADE Y Y ENV562016242-00 04/08/2024 04/08/2025 AGGREGATE $ 3,000,000 DED RETENTION$ $ 3,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER WA STOPGAP A OFFICER/MEMBANY OER/EXCLUDED?PROPRIETOR/PARTNER/EXECUTIVE Y^ N/A E.L.EACH ACCIDENT $ 1,000,000 I I ENV562012585-02 04/15/2024 11/23/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 OCCUR $2,000,000 A POLL ENV562012585-02 04/15/2024 11/23/2024 AGG $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Bremerton IS/ARE LISTED AS AN ADDITIONAL INSURED ON A PRIMARY NON-CONTRIBUTORY BASIS,INCLUDING COMPLETED OPS WHEN REQUIRED BY WRITTEN CONTRACT.WAIVER OF TRANSFER OF RIGHTS APPLIES PER THE ATTACHED FORMS G0 0218-4YA 10-17,G0 0216-4YP 10-17,CG 20 37 07 04,CG 04 42 11 03 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Bremerton ACCORDANCE WITH THE POLICY PROVISIONS. 345 6th Street,Suite 100, AUTHORIZED REPRESENTATIVE Fra,04.. R0 0VR•Z I BREMERTON WA 98337 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Docusign Envelope ID:532E5F53-5BB 1-4E5A-8E63-1944209D581 E ENDORSEMENT NO. 1 Named Insured: Layland Construction, LLC Policy Effective Date: 11/23/2023 Policy Expiration Date: 11/23/2024 This endorsement effective: 12:01 A.M. 02/09/2024 forms a part of Policy No: ENV562012585-01 GuideOne National Insurance Company Amendatory Endorsement In consideration of the premium shown below, it is hereby understood and agreed this endorsement is attached to and forms part of the above policy and is effective as shown above. This endorsement amends only the changes which are indicated by check in the box immediately preceding such change: 1. ❑Policy is 6. ❑Endorsement No is null and void 2. 11 Items)listed below are added to the policy schedule. 7. ❑Description of item(s)is amended as shown below. 3. Name of Insured is amended as shown below. 8. Limit of Liability is as shown below. 4. ❑Insured mailing address is amended as shown below. 9. ❑Policy Reinstated 5. ❑Policy term is amended to: 10. ❑Other, as shown below GO 0204- 4YL 10-17 - Limitation of Coverage to Designated Operations CG 00 01 12 04 - Commercial General Liability Coverage Form CG 00 67 03 05 - Exclusion -Violation of Statues That Govern Sending Materials or Information CG 03 00 01 96 - Deductible Liability Insurance CG 04 42 11 03-Stop Gap— Employers Liability Coverage Endorsement —Washington CG 20 10 07 04-Additional Insured —Owners, Lessees or Contractors —Scheduled Person or Organization CG 20 37 07 04 - Additional Insured —Owners, Lessees or Contractors—Completed Operations CG 21 49 09 99 - Total Pollution Exclusion Endorsement CG 21 86 12 04 - Exclusion - Exterior Insulation and Finish Systems CG 22 33 07 98 - Exclusion -Testing or Consulting Errors and Omissions CG 22 43 07 98 - Exclusion - Engineers, Architects or Surveyors Professional Liability GO 0216- 4YP 10-17 - Primary/Non-Contributory Coverage (CGL) GO 0218- 4YA 10-17 -Amended Waiver of Subrogation (CGL) GO 1001- 1YC 10-17 -Commercial General Liability Coverage Part Declarations GO 1201 - 5NE 10-17 - Exclusion - Punitive or Exemplary Damages GO 1202 - 2N1 10-17 - Independent And/Or Subcontractor Restriction - Deductible Form GO 1218 - 5NE 10-17 - Exclusion — Professional Services GO 1237 - 5NW 01-20 - Wrap Up Exclusion GO 1238- 5NE 09 20- Exclusion — New Residential Construction Amended Breakdown: $ 7,796.00 Premium $155.92 SL Taxes $7.80 Stamping Fee �/� / / 1. $7,959.72 Total 0ocusigo Envelope I0:532E5f53.5001.4E5A8E63.19442090581E E MOORS ENE NTNO. 1 (Cantinued) bmg..4144 Issue Date; 0211312024 AuthorizedRepresenlalive Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TO DESIGNATED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART SCHEDULE Description of Specified Operation(s): Crime/Trauma/Feces/Filth/Hoarding/homeless cleanup and decontamination This insurance does not apply to any"claim",injury or damage that does not arise out of your operations described in the above Schedule and performed by you or on your behalf. GO 0204-4YL 10-17 Incudes Copyrighted Material of Insurance Services Office, Inc. with its Page 1 of 1 permission Docusign Envelope ID:532E5F53-5881-4E5A-8E63-1944209D581 E GUIDEONE* GuideOne National Insurance Company 1111 Ashworth Road West Des Moines, LA 50265 COMRIERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: ENV562012585-01 Policy Issue Date: 2/132024 ITEM 1. NAMED INSURED AND MAILING ADDRESS Layland Construction, LLC 35217 Kinsman Rd. E. Roy,WA 98580 ITEM 2. POLICY PERIOD: From: 11/23/2023 To: 1123/2024 at 12:01 A.M. Standard Time at your mailing address shown above. ITEM3. LIMITS OF INSURANCE GENERAL AGGREGATE LIMIT $4,000,000 PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $4,000,000 PERSONAL AND ADVERTISING INJURY LIMIT $2,000,000 My me person or organization EACH OCCURRENCE LIMIT $2,000,000 DAMAGE TO PREMISES RENTED TO YOU LIMIT $50,000 My me premises MEDICAL EXPENSE LIMIT $5,000 My me person ITEM 4. RETROACTIVE DATE (For CG 00 02 only): Tlts insurance does not epplyto my"bodily injury'or"property damage'arising out of'your work"performed before the Retroadive Date,if any,showui above. If no Retroadive Date is showui above,the Retroadive Date isthe beginning of the policy period forthis insurance. ITEM5. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See attached Schedule B— Schedule of Forms Copyright 2017 GuideOne Insurance GO 1001 —1YC 10-17 Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG00011204 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. b. This insurance applies to "bodily injury" and Read the entire policy carefully to determine rights, "property damage"only if: duties and what is and is not covered. (1) The "bodily injury" or "property damage" is Throughout this policy the words 'you"and "your" refer caused by an "occurrence" that takes place to the Named Insured shown in the Declarations, and in the "coverage territory"; any other person or organization qualifying as a (2) The "bodily injury" or "property damage" Named Insured under this policy. The words "we", "us" occurs during the policy period; and and "our" refer to the company providing this insur- ance. (3) Prior to the policy period, no insured listed The word "insured" means any person or organization under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized qualifying as such under Section II — Who Is An In- by you to give or receive notice of an "oc- sured. currence" or claim, knew that the "bodily in- Other words and phrases that appear in quotation jury" or "property damage" had occurred, in marks have special meaning. Refer to Section V — whole or in part. If such a listed insured or Definitions. authorized "employee" knew, prior to the SECTION I—COVERAGES policy period, that the "bodily injury" or "property damage" occurred, then any con- COVERAGE A BODILY INJURY AND PROPERTY tinuation, change or resumption of such DAMAGE LIABILITY "bodily injury" or "property damage" during 1. Insuring Agreement or after the policy period will be deemed to a. We will pay those sums that the insured be- have been known prior to the policy period. comes legally obligated to pay as damages be- c. "Bodily injury" or "property damage" which cause of "bodily injury" or "property damage" to occurs during the policy period and was not, which this insurance applies. We will have the prior to the policy period, known to have oc- right and duty to defend the insured against any curred by any insured listed under Paragraph 1. "suit" seeking those damages. However, we will of Section II — Who Is An Insured or any "em- have no duty to defend the insured against any ployee" authorized by you to give or receive no- "suit" seeking damages for "bodily injury" or tice of an "occurrence" or claim, includes any "property damage"to which this insurance does continuation, change or resumption of that not apply. We may, at our discretion, investi- "bodily injury" or "property damage" after the gate any "occurrence" and settle any claim or end of the policy period. "suit"that may result. But: d. "Bodily injury" or "property damage" will be (1) The amount we will pay for damages is deemed to have been known to have occurred limited as described in Section III — Limits at the earliest time when any insured listed un- Of Insurance; and der Paragraph 1. of Section II — Who Is An In- (2) Our right and duty to defend ends when we sured or any "employee" authorized by you to have used up the applicable limit of insur- give or receive notice of an "occurrence" or ance in the payment of judgments or set- claim: tlements under Coverages A or B or medi- (1) Reports all, or any part, of the "bodily injury" cal expenses under Coverage C. or "property damage" to us or any other in- No other obligation or liability to pay sums or surer; perform acts or services is covered unless ex- (2) Receives a written or verbal demand or plicitly provided for under Supplementary Pay- claim for damages because of the "bodily ments—Coverages A and B. injury"or"property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has oc- curred or has begun to occur. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 1 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E e. Damages because of "bodily injury" include c. Liquor Liability damages claimed by any person or organiza- "Bodily injury" or "property damage" for which tion for care, loss of services or death resulting any insured may be held liable by reason of: at any time from the "bodily injury". (1) Causing or contributing to the intoxication of 2. Exclusions any person; This insurance does not apply to: (2) The furnishing of alcoholic beverages to a a. Expected Or Intended Injury person under the legal drinking age or un- "Bodily injury" or "property damage" expected der the influence of alcohol; or or intended from the standpoint of the insured. (3) Any statute, ordinance or regulation relating This exclusion does not apply to "bodily injury" to the sale, gift, distribution or use of alco- resulting from the use of reasonable force to holic beverages. protect persons or property. This exclusion applies only if you are in the b. Contractual Liability business of manufacturing, distributing, selling, "Bodily injury" or "property damage" for which serving or furnishing alcoholic beverages. the insured is obligated to pay damages by d. Workers' Compensation And Similar Laws reason of the assumption of liability in a con- Any obligation of the insured under a workers' tract or agreement. This exclusion does not compensation, disability benefits or unemploy- apply to liability for damages: ment compensation law or any similar law. (1) That the insured would have in the absence e. Employer's Liability of the contract or agreement; or "Bodily injury"to: (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily (1) An "employee" of the insured arising out of injury" or "property damage" occurs subse- and in the course of: quent to the execution of the contract or (a) Employment by the insured; or agreement. Solely for the purposes of liabil- (b) Performing duties related to the conduct ity assumed in an "insured contract", rea- of the insured's business; or sonable attorney fees and necessary litiga- tion expenses incurred by or for a party (2) The spouse, child, parent, brother or sister other than an insured are deemed to be of that "employee" as a consequence of damages because of "bodily injury" or Paragraph (1) above. "property damage", provided: This exclusion applies: (a) Liability to such party for, or for the cost (1) Whether the insured may be liable as an of, that party's defense has also been employer or in any other capacity; and assumed in the same "insured contract"; (2) To any obligation to share damages with or and repay someone else who must pay dam- (b) Such attorney fees and litigation ex- ages because of the injury. penses are for defense of that party This exclusion does not apply to liability as- against a civil or alternative dispute reso- sumed by the insured under an "insured con- lution proceeding in which damages to tract". which this insurance applies are alleged. Page 2 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E f. Pollution (d) At or from any premises, site or location (1) "Bodily injury" or "property damage" arising on which any insured or any contractors out of the actual, alleged or threatened dis- or subcontractors working directly or in- charge, dispersal, seepage, migration, re- directly on any insured's behalf are per- lease or escape of"pollutants": forming operations if the "pollutants" are brought on or to the premises, site or lo- (a) At or from any premises, site or location cation in connection with such opera- which is or was at any time owned or tions by such insured, contractor or sub- occupied by, or rented or loaned to, any contractor. However, this subparagraph insured. However, this subparagraph does not apply to: does not apply to: (i) "Bodily injury" or "property damage" (i) "Bodily injury" if sustained within a arising out of the escape of fuels, lu- building and caused by smoke, bricants or other operating fluids fumes, vapor or soot produced by or which are needed to perform the originating from equipment that is normal electrical, hydraulic or me- used to heat, cool or dehumidify the chanical functions necessary for the building, or equipment that is used to operation of "mobile equipment" or heat water for personal use, by the its parts, if such fuels, lubricants or building's occupants or their guests; other operating fluids escape from a (ii) "Bodily injury" or "property damage" vehicle part designed to hold, store for which you may be held liable, if or receive them. This exception does you are a contractor and the owner not apply if the "bodily injury" or or lessee of such premises, site or "property damage" arises out of the location has been added to your pol- intentional discharge, dispersal or re- icy as an additional insured with re- lease of the fuels, lubricants or other spect to your ongoing operations per- operating fluids, or if such fuels, lu- formed for that additional insured at bricants or other operating fluids are that premises, site or location and brought on or to the premises, site or such premises, site or location is not location with the intent that they be and never was owned or occupied discharged, dispersed or released as by, or rented or loaned to, any in- part of the operations being per- sured, other than that additional in- formed by such insured, contractor sured; or or subcontractor; (iii) "Bodily injury" or "property damage" (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes sustained within a building and from a "hostile fire"; caused by the release of gases, (b) At or from any premises, site or location fumes or vapors from materials which is or was at any time used by or brought into that building in connec- tor any insured or others for the han- tion with operations being performed dling, storage, disposal, processing or by you or on your behalf by a con- treatment of waste; tractor or subcontractor; or (c) Which are or were at any time trans- (iii) "Bodily injury" or "property damage" ported, handled, stored, treated, dis- arising out of heat, smoke or fumes posed of, or processed as waste by or from a "hostile fire". for: (e) At or from any premises, site or location (i) Any insured; or on which any insured or any contractors or subcontractors working directly or in- (ii) Any person or organization for whom directly on any insured's behalf are per- you may be legally responsible; or forming operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the ef- fects of, "pollutants". CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 3 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (2) Any loss, cost or expense arising out of any: (5) "Bodily injury" or "property damage" arising (a) Request, demand, order or statutory or out of: regulatory requirement that any insured (a) The operation of machinery or equip- or others test for, monitor, clean up, re- ment that is attached to, or part of, a move, contain, treat, detoxify or neutral- land vehicle that would qualify under the ize, or in any way respond to, or assess definition of"mobile equipment" if it were the effects of, "pollutants"; or not subject to a compulsory or financial (b) Claim or "suit" by or on behalf of a gov- responsibility law or other motor vehicle ernmental authority for damages be- nsurance law in the state where it is li- cause of testing for, monitoring, cleaning censed or principally garaged; or up, removing, containing, treating, de- (b) the operation of any of the machinery or toxifying or neutralizing, or in any way equipment listed in Paragraph f.(2) or responding to, or assessing the effects f.(3) of the definition of "mobile equip- of, "pollutants". ment". However, this paragraph does not apply to h. Mobile Equipment liability for damages because of "property "Bodily injury" or "property damage" arising out damage" that the insured would have in the of: absence of such request, demand, order or statutory or regulatory requirement, or such (1) The transportation of"mobile equipment" by claim or "suit" by or on behalf of a govern- an "auto" owned or operated by or rented or mental authority. loaned to any insured; or g. Aircraft,Auto Or Watercraft (2) The use of "mobile equipment" in, or while "Bodily injury" or "property damage" arising out in practice for, or while being prepared for,any of the ownership, maintenance, use or en- or stunting gactivity. prearranged racing, speed, demolition, s trustment to others of any aircraft, "auto" or wa- tercraft owned or operated by or rented or i. War loaned to any insured. Use includes operation "Bodily injury" or "property damage", however and "loading or unloading". caused, arising, directly or indirectly, out of: This exclusion applies even if the claims (1) War, including undeclared or civil war; against any insured allege negligence or other (2) Warlike action by a military force, including wrongdoing in the supervision, hiring, employ- action in hindering or defending against an ment, training or monitoring of others by that actual or expected attack, by any govern- insured, if the "occurrence" which caused the ment, sovereign or other authority using "bodily injury" or "property damage" involved military personnel or other agents; or the ownership, maintenance, use or entrust- ment to others of any aircraft, "auto" or water- (3) Insurrection, rebellion, revolution, usurped craft that is owned or operated by or rented or power, or action taken by governmental au- loaned to any insured. thority in hindering or defending against any This exclusion does not apply to: of these. (1) A watercraft while ashore on premises you j. Damage To Property own or rent; "Property damage"to: (2) A watercraft you do not own that is: (1) Property you own, rent, or occupy, including (a) Less than 26 feet long; and any costs or expenses incurred by you, or any other person, organization or entity, for (b) Not being used to carry persons or repair, replacement, enhancement, restora- property for a charge; tion or maintenance of such property for any (3) Parking an "auto" on, or on the ways next reason, including prevention of injury to a to, premises you own or rent, provided the person or damage to another's property; "auto" is not owned by or rented or loaned (2) Premises you sell, give away or abandon, if to you or the insured; the "property damage" arises out of any part (4) Liability assumed under any "insured con- of those premises; tract" for the ownership, maintenance or (3) Property loaned to you; use of aircraft or watercraft; or (4) Personal property in the care, custody or control of the insured; Page 4 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (5) That particular part of real property on which n. Recall Of Products, Work Or Impaired you or any contractors or subcontractors Property working directly or indirectly on your behalf Damages claimed for any loss, cost or expense are performing operations, if the "property incurred by you or others for the loss of use, damage" arises out of those operations; or withdrawal, recall, inspection, repair, replace- (6) That particular part of any property that ment, adjustment, removal or disposal of: must be restored, repaired or replaced be- (1) "Your product"; cause "your work" was incorrectly per- formed on it. (2) "Your work"; or Paragraphs (1), (3) and (4) of this exclusion do (3) "Impaired property"; not apply to "property damage" (other than if such product, work, or property is withdrawn damage by fire) to premises, including the con- or recalled from the market or from use by any tents of such premises, rented to you for a pe- person or organization because of a known or riod of 7 or fewer consecutive days. A separate suspected defect, deficiency, inadequacy or limit of insurance applies to Damage To Prem- dangerous condition in it. ises Rented To You as described in Section III o. Personal And Advertising Injury —Limits Of Insurance. Paragraph (2) of this exclusion does not apply if "Bodily injury" arising out of "personal and ad- the premises are 'your work" and were never vertising injury". occupied, rented or held for rental by you. p. Electronic Data Paragraphs (3), (4), (5) and (6) of this exclusion Damages arising out of the loss of, loss of use do not apply to liability assumed under a side- of, damage to, corruption of, inability to access, track agreement. or inability to manipulate electronic data. Paragraph (6) of this exclusion does not apply As used in this exclusion, electronic data to "property damage" included in the "products- means information, facts or programs stored as completed operations hazard". or on, created or used on, or transmitted to or k. Damage To Your Product from computer software, including systems and applications software, hard or floppy disks, CD- "Property damage" to "your product" arising out ROMS, tapes, drives, cells, data processing of it or any part of it. devices or any other media which are used with I. Damage To Your Work electronically controlled equipment. "Property damage" to 'your work" arising out of Exclusions c. through n. do not apply to damage it or any part of it and included in the "products- by fire to premises while rented to you or temporar- completed operations hazard". ily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage This exclusion does not apply if the damaged as described in Section III—Limits Of Insurance. work or the work out of which the damage arises was performed on your behalf by a sub- COVERAGE B PERSONAL AND ADVERTISING contractor. INJURY LIABILITY m. Damage To Impaired Property Or Property 1. Insuring Agreement Not Physically Injured a. We will pay those sums that the insured be- "Property damage" to "impaired property" or comes legally obligated to pay as damages be- property that has not been physically injured, cause of "personal and advertising injury" to arising out of: which this insurance applies. We will have the (1) A defect, deficiency, inadequacy or danger- right and duty to defend the insured against any "suit" seeking those damages. However, we will ous condition in "your product" or "your have no duty to defend the insured against any work"; or "suit" seeking damages for "personal and ad- (2) A delay or failure by you or anyone acting vertising injury" to which this insurance does on your behalf to perform a contract or not apply. We may, at our discretion, investi- agreement in accordance with its terms. gate any offense and settle any claim or "suit" This exclusion does not apply to the loss of use that may result. But: of other property arising out of sudden and ac- (1) The amount we will pay for damages is cidental physical injury to "your product" or limited as described in Section III — Limits "your work" after it has been put to its intended Of Insurance; and use. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 5 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (2) Our right and duty to defend end when we g. Quality Or Performance Of Goods—Failure have used up the applicable limit of insur- To Conform To Statements ance in the payment of judgments or set- "Personal and advertising injury" arising out of tlements under Coverages A or B or medi- the failure of goods, products or services to cal expenses under Coverage C. conform with any statement of quality or per- No other obligation or liability to pay sums or formance made in your"advertisement". perform acts or services is covered unless ex- h. Wrong Description Of Prices plicitly provided for under Supplementary Pay- ments—Coverages A and B. "Personal and advertising injury" arising out of b. This insurance applies to "personal and adver- the wrong description of the price of goods, products or services stated in your "advertise- tising injury"caused by an offense arising out of ment". your business but only if the offense was com- mitted in the "coverage territory" during the pol- i. Infringement Of Copyright, Patent, cy period. Trademark Or Trade Secret 2. Exclusions "Personal and advertising injury" arising out of This insurance does not apply to: the infringement of copyright, patent, trade- mark, trade secret or other intellectual property a. Knowing Violation Of Rights Of Another rights. "Personal and advertising injury" caused by or However, this exclusion does not apply to in- at the direction of the insured with the knowl- fringement, in your "advertisement", of copy- edge that the act would violate the rights of an- right, trade dress or slogan. other and would inflict "personal and advertis- j. Insureds In Media And Internet Type ing injury". Businesses b. Material Published With Knowledge Of "Personal and advertising injury" committed by Falsity an insured whose business is: "Personal and advertising injury" arising out of (1) Advertising, broadcasting, publishing or oral or written publication of material, if done by telecasting; or at the direction of the insured with knowl- edge of its falsity. (2) Designing or determining content of web- sites for others; or c. Material Published Prior To Policy Period (3) An Internet search, access, content or ser- "Personal and advertising injury" arising out of vice provider. oral or written publication of material whose first publication took place before the beginning However, this exclusion does not apply to of the policy period. Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Sec- d. Criminal Ads tion. "Personal and advertising injury" arising out of For the purposes of this exclusion, the placing a criminal act committed by or at the direction of frames, borders or links, or advertising, for of the insured. you or others anywhere on the Internet, is not e. Contractual Liability by itself, considered the business of advertis- "Personal and advertising injury" for which the ing, broadcasting, publishing or telecasting. insured has assumed liability in a contract or k. Electronic Chatrooms Or Bulletin Boards agreement. This exclusion does not apply to li- "Personal and advertising injury" arising out of ability for damages that the insured would have an electronic chatroom or bulletin board the in- in the absence of the contract or agreement. sured hosts, owns, or over which the insured f. Breach Of Contract exercises control. "Personal and advertising injury" arising out of I. Unauthorized Use Of Another's Name Or a breach of contract, except an implied contract Product to use another's advertising idea in your"adver- "Personal and advertising injury" arising out of tisement". the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mis- lead another's potential customers. Page 6 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E m. Pollution b. We will make these payments regardless of "Personal and advertising injury" arising out of fault. These payments will not exceed the ap- the actual, alleged or threatened discharge, plicable limit of insurance. We will pay reason- dispersal, seepage, migration, release or es- able expenses for: cape of"pollutants"at any time. (1) First aid administered at the time of an n. Pollution-Related accident; Any loss, cost or expense arising out of any: (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- (1) Request, demand, order or statutory or vices; and regulatory requirement that any insured or others test for, monitor, clean up, remove, (3) Necessary ambulance, hospital, profes- contain, treat, detoxify or neutralize, or in sional nursing and funeral services. any way respond to, or assess the effects 2. Exclusions of, "pollutants"; or We will not pay expenses for"bodily injury": (2) Claim or suit by or on behalf of a govern- a. Any Insured mental authority for damages because of testing for, monitoring, cleaning up, remov- To any insured, except 'Volunteer workers". ing, containing, treating, detoxifying or neu- b. Hired Person tralizing, or in any way responding to, or as- To a person hired to do work for or on behalf of sessing the effects of, "pollutants". any insured or a tenant of any insured. o. War c. Injury On Normally Occupied Premises "Personal and advertising injury", however To a person injured on that part of premises caused, arising, directly or indirectly, out of: you own or rent that the person normally occu- (1) War, including undeclared or civil war; pies. (2) Warlike action by a military force, including d. Workers Compensation And Similar Laws action in hindering or defending against an To a person, whether or not an "employee" of actual or expected attack, by any govern- any insured, if benefits for the "bodily injury"are ment, sovereign or other authority using payable or must be provided under a workers' military personnel or other agents; or compensation or disability benefits law or a (3) Insurrection, rebellion, revolution, usurped similar law. power, or action taken by governmental au- e. Athletics Activities thority in hindering or defending against any of these. To a person injured while practicing, instructing COVERAGE C MEDICAL PAYMENTS or participating in any physical exercises or games, sports, or athletic contests. 1. Insuring Agreement f. Products-Completed Operations Hazard a. We will pay medical expenses as described Included within the "products-completed opera- below for"bodily injury"caused by an accident: tions hazard". (1) On premises you own or rent; g. Coverage A Exclusions (2) On ways next to premises you own or rent; Excluded under Coverage A. or (3) Because of your operations; SUPPLEMENTARY PAYMENTS—COVERAGES A AND B provided that: 1. We will pay, with respect to any claim we investi- (1) The accident takes place in the "coverage gate or settle, or any "suit" against an insured we territory"and during the policy period; defend: (2) The expenses are incurred and reported to a. All expenses we incur. us within one year of the date of the acci- b. Up to $250 for cost of bail bonds required be- dent; and cause of accidents or traffic law violations aris- (3) The injured person submits to examination, ing out of the use of any vehicle to which the at our expense, by physicians of our choice Bodily Injury Liability Coverage applies. We do as often as we reasonably require. not have to furnish these bonds. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 7 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E C. The cost of bonds to release attachments, but (b) Immediately send us copies of any de- only for bond amounts within the applicable mands, notices, summonses or legal limit of insurance. We do not have to furnish papers received in connection with the these bonds. "suit"; d. All reasonable expenses incurred by the in- (c) Notify any other insurer whose coverage sured at our request to assist us in the investi- is available to the indemnitee; and gation or defense of the claim or "suit", includ- (d) Cooperate with us with respect to coor- ing actual loss of earnings up to $250 a day dinating other applicable insurance because of time off from work. available to the indemnitee; and e. All costs taxed against the insured in the "suit". (2) Provides us with written authorization to: f. Prejudgment interest awarded against the (a) Obtain records and other information insured on that part of the judgment we pay. If related to the "suit"; and we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment in- (b) Conduct and control the defense of the terest based on that period of time after the of- indemnitee in such "suit". fer. So long as the above conditions are met, attor- g. All interest on the full amount of any judgment neys' fees incurred by us in the defense of that in- that accrues after entry of the judgment and be- demnitee, necessary litigation expenses incurred fore we have paid, offered to pay, or deposited by us and necessary litigation expenses incurred in court the part of the judgment that is within by the indemnitee at our request will be paid as the applicable limit of insurance. Supplementary Payments. Notwithstanding the These payments will not reduce the limits of insur- provisions of Paragraph 2.b.(2) of Section I —Cov- erage A — Bodily Injury And Property Damage Li- ance. ability, such payments will not be deemed to be 2. If we defend an insured against a "suit" and an damages for "bodily injury" and "property damage" indemnitee of the insured is also named as a party and will not reduce the limits of insurance. to the "suit", we will defend that indemnitee if all of Our obligation to defend an insured's indemnitee the following conditions are met: and to pay for attorneys' fees and necessary litiga- a. The "suit" against the indemnitee seeks dam- tion expenses as Supplementary Payments ends ages for which the insured has assumed the li- when: ability of the indemnitee in a contract or agree- a. We have used up the applicable limit of insur- ment that is an "insured contract"; ance in the payment of judgments or settle- b. This insurance applies to such liability assumed ments; or by the insured; b. The conditions set forth above, or the terms of c. The obligation to defend, or the cost of the the agreement described in Paragraph f. defense of, that indemnitee, has also been as- above, are no longer met. sumed by the insured in the same "insured SECTION II—WHO IS AN INSURED contract"; 1. If you are designated in the Declarations as: d. The allegations in the "suit" and the information we know about the "occurrence" are such that a. An individual, you and your spouse are insur- no conflict appears to exist between the inter- eds, but only with respect to the conduct of a ests of the insured and the interests of the in- business of which you are the sole owner. demnitee; b. A partnership or joint venture, you are an in- e. The indemnitee and the insured ask us to con- sured. Your members, your partners, and their duct and control the defense of that indemnitee spouses are also insureds, but only with re- against such "suit" and agree that we can as- spect to the conduct of your business. sign the same counsel to defend the insured c. A limited liability company, you are an insured. and the indemnitee; and Your members are also insureds, but only with f. The indemnitee: respect to the conduct of your business. Your (1) Agrees in writing to: managers are insureds, but only with respect to their duties as your managers. (a) Cooperate with us in the investigation, settlement or defense of the "suit"; Page 8 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E d. An organization other than a partnership, joint (b) Rented to, in the care, custody or control venture or limited liability company, you are an of, or over which physical control is be- insured. Your "executive officers" and directors ing exercised for any purpose by are insureds, but only with respect to their du- you, any of your "employees", "volunteer ties as your officers or directors. Your stock- workers", any partner or member (if you are holders are also insureds, but only with respect a partnership or joint venture), or any mem- to their liability as stockholders. ber (if you are a limited liability company). e. A trust, you are an insured. Your trustees are b. Any person (other than your "employee" or also insureds, but only with respect to their du- 'Volunteer worker"), or any organization while ties as trustees. acting as your real estate manager. 2. Each of the following is also an insured: c. Any person or organization having proper tem- a. Your 'Volunteer workers" only while performing porary custody of your property if you die, but duties related to the conduct of your business, only: or your "employees", other than either your (1) With respect to liability arising out of the "executive officers" (if you are an organization maintenance or use of that property; and other than a partnership, joint venture or limited liability company) or your managers (if you are (2) Until your legal representative has been a limited liability company), but only for acts appointed. within the scope of their employment by you or d. Your legal representative if you die, but only while performing duties related to the conduct with respect to duties as such. That representa- of your business. However, none of these "em- tive will have all your rights and duties under ployees" or "volunteer workers" are insureds this Coverage Part. for: 3. Any organization you newly acquire or form, other (1) "Bodily injury" or "personal and advertising than a partnership, joint venture or limited liability injury": company, and over which you maintain ownership (a) To you, to your partners or members (if or majority interest, will qualify as a Named Insured you are a partnership or joint venture), to if there is no other similar insurance available to your members (if you are a limited liabil- that organization. However: ity company), to a co-"employee" while a. Coverage under this provision is afforded only in the course of his or her employment until the 90th day after you acquire or form the or performing duties related to the con- organization or the end of the policy period, duct of your business, or to your other whichever is earlier; 'Volunteer workers"while performing du- b. Coverage A does not apply to "bodily injury" or ties related to the conduct of your busi- "property damage" that occurred before you ness; acquired or formed the organization; and (b) To the spouse, child, parent, brother or c. Coverage B does not apply to "personal and sister of that co-employee"or'Volunteer advertising injury" arising out of an offense worker" as a consequence of Paragraph committed before you acquired or formed the (1)(a) above; organization. (c) For which there is any obligation to No person or organization is an insured with respect share damages with or repay someone to the conduct of any current or past partnership, joint else who must pay damages because of venture or limited liability company that is not shown the injury described in Paragraphs (1)(a) as a Named Insured in the Declarations. or(b) above; or (d) Arising out of his or her providing or SECTION III—LIMITS OF INSURANCE failing to provide professional health 1. The Limits of Insurance shown in the Declarations care services. and the rules below fix the most we will pay re- (2) "Property damage"to property: gardless of the number of: (a) Owned, occupied or used by, a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 9 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 2. The General Aggregate Limit is the most we will 2. Duties In The Event Of Occurrence, Offense, pay for the sum of: Claim Or Suit a. Medical expenses under Coverage C; a. You must see to it that we are notified as soon b. Damages under Coverage A, except damages as practicable of an "occurrence" or an offense because of "bodily injury" or "property damage" which may result in a claim. To the extent pos- included in the "products-completed operations sible, notice should include: hazard"; and (1) How, when and where the "occurrence" or c. Damages under Coverage B. offense took place; 3. The Products-Completed Operations Aggregate (2) The names and addresses of any injured Limit is the most we will pay under Coverage A for persons and witnesses; and damages because of "bodily injury" and "property (3) The nature and location of any injury or damage" included in the "products-completed op- damage arising out of the "occurrence" or erations hazard". offense. 4. Subject to 2. above, the Personal and Advertising b. If a claim is made or "suit" is brought against Injury Limit is the most we will pay under Coverage any insured, you must: B for the sum of all damages because of all "per- (1) Immediately record the specifics of the sonal and advertising injury" sustained by any one claim or"suit" and the date received; and person or organization. 5. Subject to 2. or 3. above, whichever applies, the (2) Notify us as soon as practicable. Each Occurrence Limit is the most we will pay for You must see to it that we receive written no- the sum of: tice of the claim or "suit" as soon as practica- a. Damages under Coverage A; and ble. c. You and any other involved insured must: b. Medical expenses under Coverage C because of all "bodily injury" and "property dam- (1) Immediately send us copies of any pa- age" de- arising out of any one "occurrence". mands, notices, summonses or legal pers received in connection with the claim 6. Subject to 5. above, the Damage To Premises or"suit"; Rented To You Limit is the most we will pay under (2) Authorize us to obtain records and other Coverage A for damages because of "property information; damage"to any one premises, while rented to you, or in the case of damage by fire, while rented to (3) Cooperate with us in the investigation or you or temporarily occupied by you with permission settlement of the claim or defense against of the owner. the "suit"; and 7. Subject to 5. above, the Medical Expense Limit is (4) Assist us, upon our request, in the en- the most we will pay under Coverage C for all forcement of any right against any person or medical expenses because of "bodily injury" sus- organization which may be liable to the in- tained by any one person. sured because of injury or damage to which The Limits of Insurance of this Coverage Part apply this insurance may also apply. separately to each consecutive annual period and to d. No insured will, except at that insured's own any remaining period of less than 12 months, starting cost, voluntarily make a payment, assume any with the beginning of the policy period shown in the obligation, or incur any expense, other than for Declarations, unless the policy period is extended first aid, without our consent. after issuance for an additional period of less than 12 3. Legal Action Against Us months. In that case, the additional period will be No person or organization has a right under this deemed part of the last preceding period for purposes Coverage Part: of determining the Limits of Insurance. SECTION IV—COMMERCIAL GENERAL LIABILITY a. To join us as a party or otherwise bring us into CONDITIONS a "suit" asking for damages from an insured; or 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obliga- tions under this Coverage Part. Page 10 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E b. To sue us on this Coverage Part unless all of When this insurance is excess, we will have no its terms have been fully complied with. duty under Coverages A or B to defend the in- A person or organization may sue us to recover on sured against any "suit" if any other insurer has an agreed settlement or on a final judgment a duty to defend the insured against that "suit". against an insured; but we will not be liable for If no other insurer defends, we will undertake to damages that are not payable under the terms of do so, but we will be entitled to the insured's this Coverage Part or that are in excess of the ap- rights against all those other insurers. plicable limit of insurance. An agreed settlement When this insurance is excess over other in- means a settlement and release of liability signed surance, we will pay only our share of the by us, the insured and the claimant or the claim- amount of the loss, if any, that exceeds the ant's legal representative. sum of: 4. Other Insurance (1) The total amount that all such other insur- If other valid and collectible insurance is available ance would pay for the loss in the absence to the insured for a loss we cover under Cover- of this insurance; and ages A or B of this Coverage Part, our obligations (2) The total of all deductible and self-insured are limited as follows: amounts under all that other insurance. a. Primary Insurance We will share the remaining loss, if any, with This insurance is primary except when b. below any other insurance that is not described in this applies. If this insurance is primary, our obliga- Excess Insurance provision and was not tions are not affected unless any of the other bought specifically to apply in excess of the insurance is also primary. Then, we will share Limits of Insurance shown in the Declarations with all that other insurance by the method de- of this Coverage Part. scribed in c. below. c. Method Of Sharing b. Excess Insurance If all of the other insurance permits contribution This insurance is excess over: by equal shares, we will follow this method also. Under this approach each insurer contrib- (1) Any of the other insurance, whether pri- utes equal amounts until it has paid its applica- mary, excess, contingent or on any other ble limit of insurance or none of the loss re- basis: mains, whichever comes first. (a) That is Fire, Extended Coverage, If any of the other insurance does not permit Builder's Risk, Installation Risk or similar contribution by equal shares, we will contribute coverage for"your work"; by limits. Under this method, each insurer's (b) That is Fire insurance for premises share is based on the ratio of its applicable limit rented to you or temporarily occupied by of insurance to the total applicable limits of in- you with permission of the owner; surance of all insurers. (c) That is insurance purchased by you to 5. Premium Audit cover your liability as a tenant for "prop- a. We will compute all premiums for this Cover- erty damage" to premises rented to you age Part in accordance with our rules and or temporarily occupied by you with rates. permission of the owner; or b. Premium shown in this Coverage Part as ad- (d) If the loss arises out of the maintenance vance premium is a deposit premium only. At or use of aircraft, "autos" or watercraft to the close of each audit period we will compute the extent not subject to Exclusion g. of the earned premium for that period and send Section I — Coverage A — Bodily Injury notice to the first Named Insured. The due date And Property Damage Liability. for audit and retrospective premiums is the (2) Any other primary insurance available to date shown as the due date on the bill. If the you covering liability for damages arising sum of the advance and audit premiums paid out of the premises or operations, or the for the policy period is greater than the earned products and completed operations, for premium, we will return the excess to the first which you have been added as an addi- Named Insured. tional insured by attachment of an en- c. The first Named Insured must keep records of dorsement. the information we need for premium computa- tion, and send us copies at such times as we may request. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 11 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 6. Representations b. Any other land vehicle that is subject to a com- By accepting this policy, you agree: pulsory or financial responsibility law or other motor vehicle insurance law in the state where a. The statements in the Declarations are accu- it is licensed or principally garaged. rate and complete; However, "auto" does not include "mobile equip- b. Those statements are based upon representa- ment". tions you made to us; and 3. "Bodily injury" means bodily injury, sickness or c. We have issued this policy in reliance upon disease sustained by a person, including death re- your representations. suiting from any of these at any time. 7. Separation Of Insureds 4. "Coverage territory" means: Except with respect to the Limits of Insurance, and a. The United States of America (including its any rights or duties specifically assigned in this territories and possessions), Puerto Rico and Coverage Part to the first Named Insured, this in- Canada; surance applies: b. International waters or airspace, but only if the a. As if each Named Insured were the only injury or damage occurs in the course of travel Named Insured; and or transportation between any places included b. Separately to each insured against whom claim in a. above; or is made or"suit" is brought. c. All other parts of the world if the injury or dam- 8. Transfer Of Rights Of Recovery Against Others age arises out of: To Us (1) Goods or products made or sold by you in If the insured has rights to recover all or part of any the territory described in a. above; payment we have made under this Coverage Part, (2) The activities of a person whose home is in those rights are transferred to us. The insured the territory described in a. above, but is must do nothing after loss to impair them. At our away for a short time on your business; or request, the insured will bring "suit" or transfer those rights to us and help us enforce them. (3) "Personal and advertising injury" offenses that take place through the Internet or simi- 9. When We Do Not Renew lar electronic means of communication If we decide not to renew this Coverage Part, we provided the insured's responsibility to pay dam- will mail or deliver to the first Named Insured ages is determined in a "suit" on the merits, in the shown in the Declarations written notice of the territory described in a. above or in a settlement nonrenewal not less than 30 days before the expi- we agree to. ration date. 5. "Employee" includes a "leased worker". "Em- If notice is mailed, proof of mailing will be sufficient ployee" does not include a "temporary worker". proof of notice. 6. "Executive officer" means a person holding any of SECTION V—DEFINITIONS the officer positions created by your charter, con- 1. "Advertisement" means a notice that is broadcast stitution, by-laws or any other similar governing or published to the general public or specific mar- document. ket segments about your goods, products or ser- 7. "Hostile fire" means one which becomes uncontrol- vices for the purpose of attracting customers or lable or breaks out from where it was intended to supporters. For the purposes of this definition: be. a. Notices that are published include material 8. "Impaired property" means tangible property, other placed on the Internet or on similar electronic than "your product" or "your work", that cannot be means of communication; and used or is less useful because: b. Regarding web-sites, only that part of a web- a. It incorporates "your product" or "your work" site that is about your goods, products or ser- that is known or thought to be defective, defi- vices for the purposes of attracting customers cient, inadequate or dangerous; or or supporters is considered an advertisement. b. You have failed to fulfill the terms of a contract 2. "Auto" means: or agreement; a. A land motor vehicle, trailer or semitrailer if such property can be restored to use by: designed for travel on public roads, including any attached machinery or equipment; or a. The repair, replacement, adjustment or re- moval of"your product"or"your work"; or Page 12 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E b. Your fulfilling the terms of the contract or 10."Leased worker" means a person leased to you by agreement. a labor leasing firm under an agreement between 9. "Insured contract" means: you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased a. A contract for a lease of premises. However, worker" does not include a "temporary worker". that portion of the contract for a lease of prem- ses that indemnifies any person or organiza- 11."Loading or unloading" means the handling of tion for damage by fire to premises while rented property: to you or temporarily occupied by you with a. After it is moved from the place where it is permission of the owner is not an "insured con- accepted for movement into or onto an aircraft, tract"; watercraft or"auto"; b. A sidetrack agreement; b. While it is in or on an aircraft, watercraft or c. Any easement or license agreement, except in "auto"; or connection with construction or demolition op- c. While it is being moved from an aircraft, water- erations on or within 50 feet of a railroad; craft or "auto" to the place where it is finally de- d. An obligation, as required by ordinance, to livered; indemnify a municipality, except in connection but "loading or unloading" does not include the with work for a municipality; movement of property by means of a mechanical e. An elevator maintenance agreement; device, other than a hand truck, that is not at- tached to the aircraft, watercraft or"auto". f. That part of any other contract or agreement pertaining to your business (including an in- 12."Mobile equipment" means any of the following demnification of a municipality in connection types of land vehicles, including any attached ma- with work performed for a municipality) under chinery or equipment: which you assume the tort liability of another a. Bulldozers, farm machinery, forklifts and other party to pay for "bodily injury" or "property dam- vehicles designed for use principally off public age" to a third person or organization. Tort li- roads; ability means a liability that would be imposed b. Vehicles maintained for use solely on or next to by law in the absence of any contract or premises you own or rent; agreement. Paragraph f. does not include that part of any c. Vehicles that travel on crawler treads; contract or agreement: d. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- (1) That indemnifies a railroad for"bodily injury" nently mounted: or "property damage" arising out of con- struction or demolition operations, within 50 (1) Power cranes, shovels, loaders, diggers or feet of any railroad property and affecting drills; or any railroad bridge or trestle, tracks, road- (2) Road construction or resurfacing equipment beds, tunnel, underpass or crossing; such as graders, scrapers or rollers; (2) That indemnifies an architect, engineer or e. Vehicles not described in a., b., c. or d. above surveyor for injury or damage arising out of: that are not self-propelled and are maintained (a) Preparing, approving, or failing to pre- primarily to provide mobility to permanently at- pare or approve, maps, shop drawings, tached equipment of the following types: opinions, reports, surveys, field orders, (1) Air compressors, pumps and generators, change orders or drawings and specifi- including spraying, welding, building clean- cations; or ing, geophysical exploration, lighting and (b) Giving directions or instructions, or fail- well servicing equipment; or ing to give them, if that is the primary (2) Cherry pickers and similar devices used to cause of the injury or damage; or raise or lower workers; (3) Under which the insured, if an architect, f. Vehicles not described in a., b., c. or d. above engineer or surveyor, assumes liability for maintained primarily for purposes other than an injury or damage arising out of the in- the transportation of persons or cargo. sured's rendering or failure to render pro- However, self-propelled vehicles with the fol- fessional services, including those listed in lowing types of permanently attached equip- (2) above and supervisory, inspection, ar- ment are not "mobile equipment" but will be chitectural or engineering activities. considered "autos": CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 13 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (1) Equipment designed primarily for: 16."Products-completed operations hazard": (a) Snow removal; a. Includes all "bodily injury" and "property dam- (b) Road maintenance, but not construction age" occurring away from premises you own or or resurfacing; or rent and arising out of "your product" or "your (c) Street cleaning; work" except: (1) Products that are still in your physical pos- (2) Cherry pickers and similar devices mounted session; or on automobile or truck chassis and used to raise or lower workers; and (2) Work that has not yet been completed or abandoned. However, "your work" will be (3) Air compressors, pumps and generators, deemed completed at the earliest of the fol- including spraying, welding, building clean- lowing times: ing, geophysical exploration, lighting and well servicing equipment. (a) When all of the work called for in your contract has been completed. However, "mobile equipment"does not include any land vehicles that are subject to a compulsory or (b) When all of the work to be done at the financial responsibility law or other motor vehicle job site has been completed if your con- insurance law in the state where it is licensed or tract calls for work at more than one job principally garaged. Land vehicles subject to a site. compulsory or financial responsibility law or other (c) When that part of the work done at a job motor vehicle insurance law are considered site has been put to its intended use by "autos". any person or organization other than 13."Occurrence" means an accident, including con- another contractor or subcontractor tinuous or repeated exposure to substantially the working on the same project. same general harmful conditions. Work that may need service, maintenance, 14."Personal and advertising injury" means injury, correction, repair or replacement, but which including consequential "bodily injury", arising out s otherwise complete, will be treated as of one or more of the following offenses: completed. a. False arrest, detention or imprisonment; b. Does not include "bodily injury" or "property damage"arising out of: b. Malicious prosecution; (1) The transportation of property, unless the c. The wrongful eviction from, wrongful entry into, injury or damage arises out of a condition in or invasion of the right of private occupancy of or on a vehicle not owned or operated by a room, dwelling or premises that a person oc- you, and that condition was created by the cupies, committed by or on behalf of its owner, "loading or unloading" of that vehicle by any landlord or lessor; insured; d. Oral or written publication, in any manner, of (2) The existence of tools, uninstalled equip- material that slanders or libels a person or or- ment or abandoned or unused materials; or ganization or disparages a person's or organi- zation's goods, products or services; (3) Products or operations for which the classi- fication, listed in the Declarations or in a pol- e. Oral or written publication, in any manner, of icy schedule, states that products- material that violates a person's right of privacy; completed operations are subject to the f. The use of another's advertising idea in your General Aggregate Limit. "advertisement"; or 17."Property damage" means: g. Infringing upon another's copyright, trade dress a. Physical injury to tangible property, including all or slogan in your"advertisement". resulting loss of use of that property. All such 15."Pollutants" mean any solid, liquid, gaseous or loss of use shall be deemed to occur at the thermal irritant or contaminant, including smoke, time of the physical injury that caused it; or vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. Page 14 of 15 © ISO Properties, Inc., 2003 CG 00 01 12 04 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E b. Loss of use of tangible property that is not 21."Your product": physically injured. All such loss of use shall be a. Means: deemed to occur at the time of the "occur- rence"that caused it. (1) Any goods or products, other than real property, manufactured, sold, handled, dis- For the purposes of this insurance, electronic data tributed or disposed of by: is not tangible property. As used in this definition, electronic data means in- (a) You; formation, facts or programs stored as or on, cre- (b) Others trading under your name; or ated or used on, or transmitted to or from com- (c) A person or organization whose busi- puter software, including systems and applications ness or assets you have acquired; and software, hard or floppy disks, CD-ROMS, tapes, (2) Containers (other than vehicles), materials, drives, cells, data processing devices or any other parts or equipment furnished in connection media which are used with electronically controlled with such goods or products. equipment. 18."Suit" means a civil proceeding in which damages b. Includes because of "bodily injury", "property damage" or (1) Warranties or representations made at any "personal and advertising injury" to which this in- time with respect to the fitness, quality, du- surance applies are alleged. "Suit" includes: rability, performance or use of 'your prod- a. An arbitration proceeding in which such dam- uct"; and ages are claimed and to which the insured (2) The providing of or failure to provide warn- must submit or does submit with our consent; ings or instructions. or C. Does not include vending machines or other b. Any other alternative dispute resolution pro- property rented to or located for the use of oth- ceeding in which such damages are claimed ers but not sold. and to which the insured submits with our con- 22."Your work": sent. a. Means: 19.'Temporary worker" means a person who is fur- (1) Work or operations performed by you or on nished to you to substitute for a permanent "em- your behalf; and ployee" on leave or to meet seasonal or short-term workload conditions. (2) Materials, parts or equipment furnished in 20."Volunteer worker" means a person who is not connection with such work or operations. your "employee", and who donates his or her work b. Includes and acts at the direction of and within the scope of (1) Warranties or representations made at any duties determined by you, and is not paid a fee, time with respect to the fitness, quality, du- salary or other compensation by you or anyone rability, performance or use of "your work", else for their work performed for you. and (2) The providing of or failure to provide warn- ings or instructions. CG 00 01 12 04 © ISO Properties, Inc., 2003 Page 15 of 15 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 03 00 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DEDUCTIBLE LIABILITY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Coverage Amount and Basis of Deductible PER CLAIM or PER OCCURRENCE Bodily Injury Liability $2,500 Deductible Per Occurrence OR Property Damage Liability $2,500 Deductible Per Occurrence OR Bodily Injury Liability and/or Property Damage $2,500 Deductible Per Occurrence Liability Combined (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no limitation is entered, the deductibles apply to damages for all "bodily injury" and "property damage", however caused): A. Our obligation under the Bodily Injury Liability and b. Under Property Damage Liability Cover- Property Damage Liability Coverages to pay age, to all damages sustained by any one damages on your behalf applies only to the person because of"property damage"; or amount of damages in excess of any deductible c. Under Bodily Injury Liability and/or Property amounts stated in the Schedule above as Damage Liability Coverage Combined, to applicable to such coverages. all damages sustained by any one person B. You may select a deductible amount on either a because of: per claim or a per "occurrence" basis. Your (1) "Bodily injury"; selected deductible applies to the coverage option and to the basis of the deductible indicated by the (2) "Property damage"; or placement of the deductible amount in the (3) "Bodily injury"and "property damage" Schedule above. The deductible amount stated in combined the Schedule above applies as follows: as the result of any one "occurrence". 1. PER CLAIM BASIS. If the deductible amount If damages are claimed for care, loss of indicated in the Schedule above is on a per services or death resulting at any time from claim basis, that deductible applies as follows: "bodily injury", a separate deductible amount a. Under Bodily Injury Liability Coverage, to all will be applied to each person making a claim damages sustained by any one person for such damages. because of"bodily injury"; With respect to "property damage", person includes an organization. CG 03 00 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 2 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E 2. PER OCCURRENCE BASIS. If the deductible C. The terms of this insurance, including those with amount indicated in the Schedule above is on respect to: a "per occurrence" basis, that deductible 1. Our right and duty to defend the insured amount applies as follows: against any "suits" seeking those damages; a. Under Bodily Injury Liability Coverage, to all and damages because of"bodily injury"; 2. Your duties in the event of an "occurrence", b. Under Property Damage Liability Cover- claim, or "suit" age, to all damages because of "property apply irrespective of the application of the damage"; or deductible amount. c. Under Bodily Injury Liability and/or Property D. We may pay any part or all of the deductible Damage Liability Coverage Combined, to amount to effect settlement of any claim or "suit" all damages because of: and, upon notification of the action taken, you shall (1) "Bodily injury"; promptly reimburse us for such part of the (2) "Property damage"; or deductible amount as has been paid by us. (3) "Bodily injury" and "property damage" combined as the result of any one "occurrence", regard- less of the number of persons or organizations who sustain damages because of that "occurrence". Page 2 of 2 Copyright, Insurance Services Office, Inc., 1994 CG 03 00 01 96 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOPGAP-EMPLOYERS LIABILITY COVERAGE ENDORSEMENT -WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1,000,000 Aggregate Limit Bodily Injury By Disease $ 1,000,000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The following is added to Section I - Cover- No other obligation or liability to pay sums ages: or perform acts or services is covered COVERAGE-STOPGAP-EMPLOYERS unless explicitly provided for under LIABILITY Supplementary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only a. We will pay those sums that the insured if: becomes legally obligated by Washington Law to pay as damages because of"bodily (1) The: injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or "bodily ease" to your "employee" to which this injury by disease"takes place in the insurance applies. We will have the right "coverage territory"; and duty to defend the insured against any (b) "Bodily injury by accident" or "bodily "suit" seeking those damages. However, injury by disease" arises out of and we will have no duty to defend the insured in the course of the injured against any "suit" seeking damages to "employee's" employment by you; which this insurance does not apply. We and may, at our discretion, investigate any accident and settle any claim or "suit" that (c) "Employee", at the time of the in- may result. But: jury, was covered under a worker's (1) The amount we will payfordamagesis compensation policy and subject to limited as described in Section III - a "workers compensation law" of Washington; and Limits Of Insurance; and (2) Our right and duty to defend end when (2) The: we have used up the applicable limit of (a) "Bodily injury by accident" is caused insurance in the payment of judgments by an accident that occurs during or settlements under this coverage. the policy period;or CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 1 of 4 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (b) "Bodily injury by disease" is caused c. Statutory Obligations by or aggravated by conditions of Any obligation of the insured under a employment by you and the injured workers' compensation, disability benefits "employee's" last day of last expo- or unemployment compensation law or sure to the conditions causing or any similar law. aggravating such "bodily injury by disease" occurs during the policy d. Contractual Liability period. Liability assumed by you under any con- c. The damages we will pay, where recovery tract or agreement. is permitted by law, include damages: e. Violation Of Law (1) For: "Bodily injury by accident" or "bodily injury (a) Which you are liable to a third party by disease" suffered or caused by any by reason of a claim or "suit" employee while employed in violation of against you by that third party to re- law with your actual knowledge or the cover the damages claimed against actual knowledge of any of your such third party as a result of injury "executive officers". to your"employee"; f. Termination, Coercion Or (b) Care and loss of services; and Discrimination (c) Consequential "bodily injury by Damages arising out of coercion, criticism, accident" or "bodily injury by dis- demotion, evaluation, reassignment, ease" to a spouse, child, parent, discipline, defamation, harassment, brother or sister of the injured humiliation, discrimination against or "employee" termination of any "employee", or arising provided that these damages are the out of other employment or personnel direct consequence of "bodily injury by decisions concerning the insured. accident" or "bodily injury by disease" g. Failure To Comply With"Workers that arises out of and in the course of Compensation LaW' the injured "employee's" employment "Bodily injury by accident" or "bodily injury by you; and by disease" to an "employee" when you (2) Because of "bodily injury by accident" are: or "bodily injury by disease" to your (1) Deprived of common law defenses;or "employee"that arises out of and in the (2) Otherwise subject to penalty; course of employment, claimed against you in a capacity other than as because of your failure to secure your employer. obligations or other failure to comply with 2. Exclusions any"workers compensation law". This insurance does not apply to: h. Violation Of Age Laws Or Employment Of Minors a. Intentional Injury "Bodily injury by accident" or "bodily injury "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any by disease" intentionally caused or person: aggravated by you, or "bodily injury by (1) Knowingly employed by you in violation accident" or "bodily injury by disease" of any law as to age;or resulting from an act which is determined to have been committed by you if it was (2) Under the age of 14 years, regardless reasonable to believe that an injury is of any such law. substantially certain to occur. i. Federal Laws b. Fines Or Penalties Any premium, assessment, penalty, fine, Any assessment, penalty, or fine levied by benefit, liability or other obligation imposed any regulatory inspection agency or by or granted pursuant to: authority. (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non-appropriated Fund Instrumentalities Act (5 USC Sections 8171- 8173); Page 2 of 4 © ISO Properties, Inc., 2003 CG 04 42 11 03 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (3) The Longshore and Harbor Workers' No person or organization is an insured with Compensation Act (33 USC Sections respect to the conduct of any current or past 910-950); partnership, joint venture or limited liability (4) The Outer Continental Shelf Lands Act company that is not shown as a Named (43 USC Section 1331-1356); Insured in the Declarations. (5) The Defense Base Act (42 USC D. For the purposes of this endorsement, Section III Sections 1651-1654); - Limits Of Insurance, is replaced by the following: (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 1. The Limits of Insurance shown in the 901-942); Schedule of this endorsement and the rules below fix the most we will pay regardless of (7) The Migrant and Seasonal Agricultural the number of: Worker Protection Act (29 USC Sections 1801-1872); a. Insureds; (8) Any other workers compensation, b. Claims made or"suits" brought; or unemployment compensation or dis- c. Persons or organizations making claims or ability laws or any similar law;or bringing "suits". (9) Any subsequent amendments to the 2. The "Bodily Injury By Accident" - Each laws listed above. Accident Limit shown in the Schedule of this j. Punitive Damages endorsement is the most we will pay for all dam- ages covered by this insurance because Multiple, exemplary or punitive damages. of "bodily injury by accident" to one or more k. Crew Members "employees" in any one accident. "Bodily injury by accident" or "bodily injury 3. The "Bodily Injury By Disease" - Aggregate by disease" to a master or member of the Limit shown in the Schedule of this crew of any vessel or any member of the endorsement is the most we will pay for all flying crew of an aircraft. damages covered by this insurance and B. The Supplementary Payments provisions apply arising out of "bodily injury by disease", to Coverage - Stop Gap Employers Liability as regardless of the number of "employees"who well as to Coverages A and B. sustain "bodilyin-jury by disease". C. For the purposes of this endorsement, Section II 4. Subject to Paragraph D.3. of this Who Is An Insured, is replaced by the endorsement, the "Bodily Injury By Disease" - following: Each "Employee" Limit shown in the Schedule of this endorsement is the most we If you are designated in the Declarations as: will pay for all damages because of "bodily 1. An individual, you and your spouse are injury by dis- ease"to any one"employee". insureds, but only with respect to the conduct The limits of the coverage apply separately to of a business of which you are the sole owner. each consecutive annual period and to any 2. A partnership or joint venture, you are an remaining period of less than 12 months, starting insured. Your members, your partners, and with the beginning of the policy period shown in their spouses are also insureds, but only with the Declarations, unless the policy period is ex- respect to the conduct of your business. tended after issuance for an additional period of 3. A limited liability company, you are an insured. less than 12 months. In that case, the additional Your members are also insureds, but only period will be deemed part of the last preceding with respect to the conduct of your business. period for purposes of determining the Limits of Insurance. Your managers are insureds, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 3 of 4 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E E. For the purposes of this endorsement, Condition d. No insured will, except at that insured's 2. - Duties In The Event Of Occurrence, Claim own cost, voluntarily make a payment, Or Suit of the Conditions Section IV is deleted assume any obligation, or incur any and replaced by the following: expense, other than for first aid, without 2. Duties In The Event Of Injury, ClaimOr ourconsent. Suit F. For the purposes of this endorsement, Paragraph a. You must see to it that we or our agent are 4. of the Definitions Section is replaced by the notified as soon as practicable of a "bodily following: injury by accident" or "bodily injury by dis- 4. "Coverage territory" means: ease" which may result in a claim. To the a. The United States of America (including its extent possible, notice should include: territories and possessions), Puerto Rico (1) How, when and where the "bodily injury and Canada; by accident" or "bodily injury by dis- b. International waters or airspace, but only if ease"took place; the injury or damage occurs in the course (2) The names and addresses of any of travel or transportation between any injured persons and witnesses; and places included in a. above; or (3) The nature and location of any injury. c. All other parts of the world if the injury or b. If a claim is made or "suit" is brought damage arises out of the activities of a against any insured, you must: person whose home is in the territory de- scribed in a. above, but who is away for a (1) Immediately record the specifics of the short time on your business; claim or "suit" and the date received; and provided the insured's responsibility to pay damages is determined in the United States (2) Notify us as soon as practicable. (including its territories and possessions), You must see to it that we receive written Puerto Rico, or Canada, in a suit on the notice of the claim or "suit" as soon as merits according to the substantive law in practicable. such territory, or in a settlement we agree to. c. You and any other involved insured must: G. The following are added to the Definitions (1) Immediately send us copies of any Section: demands, notices, summonses or legal 1. "Workers Compensation Law" means the papers received in connection with the Workers Compensation Law and any injury, claim, proceeding or"suit"; Occupational Disease Law of Washington. (2) Authorize us to obtain records and This does not include provisions of any law other information; providing non-occupational disability benefits. (3) Cooperate with us and assist us, as we 2. "Bodily injury by accident" means bodily injury, may request, in the investigation or sickness or disease sustained by a person, settlement of the claim or defense including death, resulting from an accident. A against the "suit"; disease is not "bodily injury by accident" unless it results directly from "bodily injury by (4) Assist us, upon our request, in the accident". enforcement of any right against any 3. "Bodily injury by disease" means a disease person or organization which may be sustained by a person, including death. liable to the insured because of injury "Bodily injury by disease" does not include a to which this insurance may also apply; dis- ease that results directly from an and accident. (5) Do nothing after an injury occurs that H. For the purposes of this endorsement, the would interfere with our right to recover definition of"bodily injury"does not apply. from others. Page 4 of 4 © ISO Properties, Inc., 2003 CG 04 4211 03 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG 00 67 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - VIOLATION OF STATUTES THAT GOVERN E-MAILS, FAX, PHONE CALLS OR OTHER METHODS OF SENDING MATERIAL OR INFORMATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., B. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Exclusions of Section I — Coverage B — Per- Injury And Property Damage Liability: sonal And Advertising Injury Liability: 2. Exclusions 2. Exclusions This insurance does not apply to: This insurance does not apply to: DISTRIBUTION OF MATERIAL IN DISTRIBUTION OF MATERIAL IN VIOLATION OF STATUTES VIOLATION OF STATUTES "Bodily injury" or "property damage" arising di- "Personal and advertising injury" arising directly rectly or indirectly out of any action or omission or indirectly out of any action or omission that that violates or is alleged to violate: violates or is alleged to violate: a. The Telephone Consumer Protection Act a. The Telephone Consumer Protection Act (TCPA), including any amendment of or ad- (TCPA), including any amendment of or ad- dition to such law; or dition to such law; or b. The CAN-SPAM Act of 2003, including any b. The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or amendment of or addition to such law; or c. Any statute, ordinance or regulation, other c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmit- that prohibits or limits the sending, transmit- ting, communicating or distribution of mate- ting, communicating or distribution of mate- rial or information. rial or information. CG 00 67 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG 21 49 09 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Exclusion f. under Paragraph 2., Exclusions of (2) Any loss, cost or expense arising out of any: Section I — Coverage A — Bodily Injury And Prop- (a) Request, demand, order or statutory or erty Damage Liability is replaced by the following: regulatory requirement that any insured or This insurance does not apply to: others test for, monitor, clean up, remove, f. Pollution contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects (1) "Bodily injury" or "property damage" which of"pollutants"; or would not have occurred in whole or part but for the actual, alleged or threatened discharge, (b) Claim or suit by or on behalf of a govern- dispersal, seepage, migration, release or es- mental authority for damages because of cape of"pollutants" at any time. testing for, monitoring, cleaning up, remov- ing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG 21 86 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEMS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. This insurance does not apply to "bodily injury", B. The following definition is added to the Definitions "property damage" or "personal and advertising in- Section: jury" arising out of, caused by, or attributable to, "Exterior insulation and finish system" means a whether in whole or in part, the following: non-load bearing exterior cladding or finish sys- 1. The design, manufacture, construction, fabrica- tem, and all component parts therein, used on any tion, preparation, distribution and sale, installa- part of any structure, and consisting of: tion, application, maintenance or repair, includ- 1. A rigid or semi-rigid insulation board made of ing remodeling, service, correction or expanded polystyrene and other materials; replacement, of any "exterior insulation and fin- ish system" or any part thereof, or any substan- 2. The adhesive and/or mechanical fasteners tially similar system or any part thereof, includ- used to attach the insulation board to the sub- ing the application or use of conditioners, strate; primers, accessories, flashings, coatings, 3. A reinforced or unreinforced base coat; caulking or sealants in connection with such a 4. A finish coat providing surface texture to which system; or color may be added; and 2. "Your product" or "your work" with respect to 5. Any flashing, caulking or sealant used with the any exterior component, fixture or feature of system for any purpose. any structure if an "exterior insulation and finish system", or any substantially similar system, is used on the part of that structure containing that component, fixture or feature. CG 21 86 12 04 © ISO Properties, Inc., 2003 Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG 22 33 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - TESTING OR CONSULTING ERRORS AND OMISSIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., 2. The reporting of or reliance upon any such test, Exclusions of Section I — Coverage A — Bodily evaluation, consultation or advice; or Injury And Property Damage Liability and Para- 3. An error, omission, defect or deficiency in experi- graph 2., Exclusions of Section I — Coverage B — mental data or the insured's interpretation of that Personal And Advertising Injury Liability: data. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising in- jury" arising out of: 1. An error, omission, defect or deficiency in: a. Any test performed; or b. An evaluation, a consultation or advice given, by or on behalf of any insured; CG 22 33 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E COMMERCIAL GENERAL LIABILITY CG 22 43 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Professional services include: Exclusions of Section I — Coverage A — Bodily 1. The preparing, approving, or failing to prepare or Injury And Property Damage Liability and Para- approve, maps, shop drawings, opinions, reports, graph 2., Exclusions of Section I — Coverage B — surveys, field orders, change orders or drawings Personal And Advertising Injury Liability: and specifications; and This insurance does not apply to "bodily injury", 2. Supervisory, inspection, architectural or engi- "property damage" or "personal and advertising neering activities. injury" arising out of the rendering of or failure to render any professional services by you or any engineer, architect or surveyor who is either em- ployed by you or performing work on your behalf in such capacity. CG 22 43 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART The following exclusion is added to SECTION I—COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions and SECTION I—COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, Paragraph 2. Exclusions: This insurance does not apply to: Punitive, exemplary or any other damages awarded against any insured as a multiplier of actual damages under any statute or rule or order of court. All Other Terms and Conditions Remain Unchanged. GO 1201 —5NE 10-17 Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INDEPENDENT AND/OR SUBCONTRACTOR RESTRICTION - DEDUCTIBLE FORM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed that the following condition is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 10. a) It is agreed that any independent contractors or subcontractors hired by or for you shall maintain, for the full period of time in which this policy is in effect, insurance coverage of the same type and with limits of insurance equal to or greater than that afforded by this policy; and b) It is further agreed that you will obtain a valid certificate of insurance from independent contractors or subcontractors hired by or for you stating that you have been named as Additional Insured on the independent contractor's or subcontractor's insurance policy. Your failure to comply with 10.a) and b), above, will not invalidate the insurance provided by this policy or relieve us of our obligation to you under the terms of this policy, however, if you fail to comply and a claim is charged to this policy due to your failure to comply, a deductible charge of$10,000 per occurrence, or 200% of the applicable policy deductible, whichever is greater, will apply for any such loss(es). It is further agreed that SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITION 5. Premium Audit is amended to include the following additional conditions: 5. Premium Audit d. The first Named Insured must keep copies of all certificates of insurance obtained from all independent contractors and subcontractors evidencing the type and amount of insurance described in this endorsement, and provide copies to us at such times as we may request. All other terms and conditions of the policy remain unchanged. GO 1202 2NI 10-17 Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOLD, FUNGUS AND ORGANIC PATHOGEN EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2., Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability This insurance does not apply to any: 1. "Bodily injury", "property damage" or"personal b. Claim or suit by or on behalf of a and advertising injury"which would not have governmental authority for damages occurred in whole or part but for the actual, because of testing for, monitoring, cleaning alleged or threatened discharge, dispersal, up, removing, containing, treating, seepage, migration, growth, release or escape of detoxifying or neutralizing, or in any way any"organic pathogen"at any time. responding to, or assessing the effects of, any"organic pathogen". 2. Any loss, cost or expense arising out of any: a. Request, demand, order or statutory or regulatory requirement "Organic pathogen" means any organic irritant or that any insured or others test for, contaminant, including but not limited to mold, monitor, clean up, remove, contain, fungus, bacteria or virus, including but not limited treat, detoxify or neutralize, or in to their byproduct such as mycotoxin, mildew, or any way respond to, or assess the biogenic aerosol. effects of any"organic pathogen"; or GO 1216—5NM 10-17 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY EXCLUSION - PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to SECTION I—COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and COVERAGE B— PERSONAL AND ADVERTISING INJURY LIABILITY,2.Exclusions: This insurance does not apply to"bodily injury", "property damage"or"personal and advertising injury" due to the rendering of or failure to render any professional service, including, but not limited to: a. Medical, health care, psychiatric, psychological, nursing, emergency medical or related services; b. Legal, paralegal or related services; c. Engineering, architectural, surveying or related services; d. Testing or consulting or related services; e. Insurance, investment, financial, accounting or billing services or related services; f. Security guard, investigative, risk management or related services; g. Pastoral, Counseling or related services; h. Teaching or related services; i. Barber, cosmetology or related services; j. Any service, treatment, advice or instruction for the purpose of appearance or skin enhancements, hair removal or replacement, or personal grooming; k. Body piercing or tattooing services including but not limited to the insertion of pigment, collagen or any other foreign substance into or under the skin; or I. Services in the practice of pharmacy. G01218-5NE 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WRAP UP EXCLUSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of COVERAGE A— BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I Coverages): This insurance does not apply to: "Bodily injury" or"property damage" which is insured under any type of Owner Controlled Insurance Program, a Contractor Controlled Insurance Program, a Wrap Up Insurance Program or any other type of insurance program designed to provide liability coverage for all parties involved in the development, design, construction, erection, supervision or management of a specific project. This exclusion applies whether such coverage applies or does not apply for any reason. All other terms and conditions remain unchanged. GO 1237—5NW 01-20 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - NEW RESIDENTIAL CONSTRUCTION AMENDED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2. EXCLUSIONS of SECTION I -COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY, COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY and COVERAGE C - MEDICAL PAYMENTS: This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical payments for operations arising out of or related in any way to "new residential construction". "New residential construction" means any and all work, operations or services performed by you, or on your behalf, in connection with single family homes, cooperatives, town homes, condominiums ( including condominium conversion projects), performed in whole or in part before the first occupancy, certificate of occupancy or notice of completion, or before that home or unit has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same structure or project. "New residential construction" does not include multi-tenant buildings or fire and water restoration operations or services. All Other Terms and Conditions Remain Unchanged. GO 1238-5NE0920 Includes copyrighted material of Insurance Services Office, Page 1 of 1 Inc. with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location(s)Of Covered Operations Or Organization(s): Any person or organization for whom you are performing In respect to any location where the named insured is operations when you and such person or organization have performing "your work'. agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to B. Wth respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional exclu- organization(s) shown in the Schedule, but only with sions apply: respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or"personal and advertising injury" caused, "property damage" occurring after: in whole or in part, by: 1. All work, including materials, parts or equip- 1. Your acts or omissions; or ment furnished in connection with such work, 2. The acts or omissions of those acting on your on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the in the performance of your ongoing operations for the location of the covered operations has been additional insured(s) at the location(s) designated completed; or above. 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004. Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person or organization for whom you are In respect to any location where the named insured is performing operations when you and such person or performing "your work". organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior tothe date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior tothe date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216-4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of1 Inc. with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION—If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of"your work" performed under a contract with that person or organization. All other terms and conditions remain unchanged. GO 0218—4YA 10-17 Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY—If required by written contract or agreement, effected prior to the date your operations for that person or organization commenced and named below, such insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self-insurance maintained by such additional insured(s)shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: 1. An owner of real or personal property on which you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior tothe date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker;or 2. A contractor on whose behalf you are performing operations,but only at the specific written request by that person or organization to you, and only if: a. That request is made prior tothe date your operations for that person or organization commenced;and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. GO 0216-4YP 10-17 Includes Copyrighted Material of Insurance Services Office, Page 1 of1 Inc. with its permission Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 04 42 11 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. STOPGAP-EMPLOYERS LIABILITY COVERAGE ENDORSEMENT -WASHINGTON This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Limits Of Insurance Bodily Injury By Accident $ 1,000,000 Each Accident Bodily Injury By Disease $ 1,000,000 Aggregate Limit Bodily Injury By Disease $ 1,000,000 Each Employee (If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. The following is added to Section I - Cover- No other obligation or liability to pay sums ages: or perform acts or services is covered COVERAGE-STOPGAP-EMPLOYERS unless explicitly provided for under LIABILITY Supplementary Payments. 1. Insuring Agreement b. This insurance applies to "bodily injury by accident" or "bodily injury by disease" only a. We will pay those sums that the insured if: becomes legally obligated by Washington Law to pay as damages because of"bodily (1) The: injury by accident" or "bodily injury by dis- (a) "Bodily injury by accident" or "bodily ease" to your "employee" to which this injury by disease"takes place in the insurance applies. We will have the right "coverage territory"; and duty to defend the insured against any (b) "Bodily injury by accident" or "bodily "suit" seeking those damages. However, injury by disease" arises out of and we will have no duty to defend the insured in the course of the injured against any "suit" seeking damages to "employee's" employment by you; which this insurance does not apply. We and may, at our discretion, investigate any accident and settle any claim or "suit" that (c) "Employee", at the time of the in- may result. But: jury, was covered under a worker's (1) The amount we will payfordamagesis compensation policy and subject to limited as described in Section III - a "workers compensation law" of Washington; and Limits Of Insurance; and (2) Our right and duty to defend end when (2) The: we have used up the applicable limit of (a) "Bodily injury by accident" is caused insurance in the payment of judgments by an accident that occurs during or settlements under this coverage. the policy period;or CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 1 of 4 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (b) "Bodily injury by disease" is caused c. Statutory Obligations by or aggravated by conditions of Any obligation of the insured under a employment by you and the injured workers' compensation, disability benefits "employee's" last day of last expo- or unemployment compensation law or sure to the conditions causing or any similar law. aggravating such "bodily injury by disease" occurs during the policy d. Contractual Liability period. Liability assumed by you under any con- c. The damages we will pay, where recovery tract or agreement. is permitted by law, include damages: e. Violation Of Law (1) For: "Bodily injury by accident" or "bodily injury (a) Which you are liable to a third party by disease" suffered or caused by any by reason of a claim or "suit" employee while employed in violation of against you by that third party to re- law with your actual knowledge or the cover the damages claimed against actual knowledge of any of your such third party as a result of injury "executive officers". to your"employee"; f. Termination, Coercion Or (b) Care and loss of services; and Discrimination (c) Consequential "bodily injury by Damages arising out of coercion, criticism, accident" or "bodily injury by dis- demotion, evaluation, reassignment, ease" to a spouse, child, parent, discipline, defamation, harassment, brother or sister of the injured humiliation, discrimination against or "employee" termination of any "employee", or arising provided that these damages are the out of other employment or personnel direct consequence of "bodily injury by decisions concerning the insured. accident" or "bodily injury by disease" g. Failure To Comply With"Workers that arises out of and in the course of Compensation LaW' the injured "employee's" employment "Bodily injury by accident" or "bodily injury by you; and by disease" to an "employee" when you (2) Because of "bodily injury by accident" are: or "bodily injury by disease" to your (1) Deprived of common law defenses;or "employee"that arises out of and in the (2) Otherwise subject to penalty; course of employment, claimed against you in a capacity other than as because of your failure to secure your employer. obligations or other failure to comply with 2. Exclusions any"workers compensation law". This insurance does not apply to: h. Violation Of Age Laws Or Employment Of Minors a. Intentional Injury "Bodily injury by accident" or "bodily injury "Bodily injury by accident" or "bodily injury by disease" suffered or caused by any by disease" intentionally caused or person: aggravated by you, or "bodily injury by (1) Knowingly employed by you in violation accident" or "bodily injury by disease" of any law as to age;or resulting from an act which is determined to have been committed by you if it was (2) Under the age of 14 years, regardless reasonable to believe that an injury is of any such law. substantially certain to occur. i. Federal Laws b. Fines Or Penalties Any premium, assessment, penalty, fine, Any assessment, penalty, or fine levied by benefit, liability or other obligation imposed any regulatory inspection agency or by or granted pursuant to: authority. (1) The Federal Employer's Liability Act (45 USC Section 51-60); (2) The Non-appropriated Fund Instrumentalities Act (5 USC Sections 8171- 8173); Page 2 of 4 © ISO Properties, Inc., 2003 CG 04 42 11 03 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E (3) The Longshore and Harbor Workers' No person or organization is an insured with Compensation Act (33 USC Sections respect to the conduct of any current or past 910-950); partnership, joint venture or limited liability (4) The Outer Continental Shelf Lands Act company that is not shown as a Named (43 USC Section 1331-1356); Insured in the Declarations. (5) The Defense Base Act (42 USC D. For the purposes of this endorsement, Section III Sections 1651-1654); - Limits Of Insurance, is replaced by the following: (6) The Federal Coal Mine Health and Safety Act of 1969 (30 USC Sections 1. The Limits of Insurance shown in the 901-942); Schedule of this endorsement and the rules below fix the most we will pay regardless of (7) The Migrant and Seasonal Agricultural the number of: Worker Protection Act (29 USC Sections 1801-1872); a. Insureds; (8) Any other workers compensation, b. Claims made or"suits" brought; or unemployment compensation or dis- c. Persons or organizations making claims or ability laws or any similar law;or bringing "suits". (9) Any subsequent amendments to the 2. The "Bodily Injury By Accident" - Each laws listed above. Accident Limit shown in the Schedule of this j. Punitive Damages endorsement is the most we will pay for all dam- ages covered by this insurance because Multiple, exemplary or punitive damages. of "bodily injury by accident" to one or more k. Crew Members "employees" in any one accident. "Bodily injury by accident" or "bodily injury 3. The "Bodily Injury By Disease" - Aggregate by disease" to a master or member of the Limit shown in the Schedule of this crew of any vessel or any member of the endorsement is the most we will pay for all flying crew of an aircraft. damages covered by this insurance and B. The Supplementary Payments provisions apply arising out of "bodily injury by disease", to Coverage - Stop Gap Employers Liability as regardless of the number of "employees"who well as to Coverages A and B. sustain "bodilyin-jury by disease". C. For the purposes of this endorsement, Section II 4. Subject to Paragraph D.3. of this Who Is An Insured, is replaced by the endorsement, the "Bodily Injury By Disease" - following: Each "Employee" Limit shown in the Schedule of this endorsement is the most we If you are designated in the Declarations as: will pay for all damages because of "bodily 1. An individual, you and your spouse are injury by dis- ease"to any one"employee". insureds, but only with respect to the conduct The limits of the coverage apply separately to of a business of which you are the sole owner. each consecutive annual period and to any 2. A partnership or joint venture, you are an remaining period of less than 12 months, starting insured. Your members, your partners, and with the beginning of the policy period shown in their spouses are also insureds, but only with the Declarations, unless the policy period is ex- respect to the conduct of your business. tended after issuance for an additional period of 3. A limited liability company, you are an insured. less than 12 months. In that case, the additional Your members are also insureds, but only period will be deemed part of the last preceding with respect to the conduct of your business. period for purposes of determining the Limits of Insurance. Your managers are insureds, but only with respect to their duties as your managers. 4. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. CG 04 42 11 03 © ISO Properties, Inc., 2003 Page 3 of 4 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E E. For the purposes of this endorsement, Condition d. No insured will, except at that insured's 2. - Duties In The Event Of Occurrence, Claim own cost, voluntarily make a payment, Or Suit of the Conditions Section IV is deleted assume any obligation, or incur any and replaced by the following: expense, other than for first aid, without 2. Duties In The Event Of Injury, ClaimOr ourconsent. Suit F. For the purposes of this endorsement, Paragraph a. You must see to it that we or our agent are 4. of the Definitions Section is replaced by the notified as soon as practicable of a "bodily following: injury by accident" or "bodily injury by dis- 4. "Coverage territory" means: ease" which may result in a claim. To the a. The United States of America (including its extent possible, notice should include: territories and possessions), Puerto Rico (1) How, when and where the "bodily injury and Canada; by accident" or "bodily injury by dis- b. International waters or airspace, but only if ease"took place; the injury or damage occurs in the course (2) The names and addresses of any of travel or transportation between any injured persons and witnesses; and places included in a. above; or (3) The nature and location of any injury. c. All other parts of the world if the injury or b. If a claim is made or "suit" is brought damage arises out of the activities of a against any insured, you must: person whose home is in the territory de- scribed in a. above, but who is away for a (1) Immediately record the specifics of the short time on your business; claim or "suit" and the date received; and provided the insured's responsibility to pay damages is determined in the United States (2) Notify us as soon as practicable. (including its territories and possessions), You must see to it that we receive written Puerto Rico, or Canada, in a suit on the notice of the claim or "suit" as soon as merits according to the substantive law in practicable. such territory, or in a settlement we agree to. c. You and any other involved insured must: G. The following are added to the Definitions (1) Immediately send us copies of any Section: demands, notices, summonses or legal 1. "Workers Compensation Law" means the papers received in connection with the Workers Compensation Law and any injury, claim, proceeding or"suit"; Occupational Disease Law of Washington. (2) Authorize us to obtain records and This does not include provisions of any law other information; providing non-occupational disability benefits. (3) Cooperate with us and assist us, as we 2. "Bodily injury by accident" means bodily injury, may request, in the investigation or sickness or disease sustained by a person, settlement of the claim or defense including death, resulting from an accident. A against the "suit"; disease is not "bodily injury by accident" unless it results directly from "bodily injury by (4) Assist us, upon our request, in the accident". enforcement of any right against any 3. "Bodily injury by disease" means a disease person or organization which may be sustained by a person, including death. liable to the insured because of injury "Bodily injury by disease" does not include a to which this insurance may also apply; dis- ease that results directly from an and accident. (5) Do nothing after an injury occurs that H. For the purposes of this endorsement, the would interfere with our right to recover definition of"bodily injury"does not apply. from others. Page 4 of 4 © ISO Properties, Inc., 2003 CG 04 4211 03 Docusign Envelope ID:532E5F53-5BB1-4E5A-8E63-1944209D581E POLICY NUMBER: ENV562012585-01 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Or Organization(s): Operations Any person or organization for whom you are In respect to any location where the named insured is performing operations when you and such person or performing "your work". organization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional insured on your policy. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1