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HomeMy WebLinkAbout6490 Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNITY Executive Correspondence Routing Memo Requires City Council Approval? Yes ❑ No IZ Greensheet No. : 240377 Date: August 19, 2024 Subject: Contract Modification No. 1 with Casey Civil, PLLC for Pump Station 14 Relocation Description:This modification to Contract No. 6490 is for additional construction management services requested by the City. It is intended to support completion of startup activities. Additional coordination and time was required due to delays caused by vendors and PSE. The original contract amount was$96,265. This contract modification has increased the contract by $3,535 resulting to an amended contract amount of $99,800. There will be no additional amendments. Fiscal Impact: This project is included in the 2024 Water Capital Budget. Action Requested: Review and signature, return to Noreen Bolo. The approval authority of the document falls under the Mayor per BMC 2.76. Approval/Recommendation: Managing Engineer: Initials/date 8/19/24 City Engineer: Initials/date p 8/30/2024 Om Digitally signed by Tom Knuckey Public Works Director: Initials date I' Date 2024.09.03 Kn U money -�55 1507'00' Contract Administrator: LASERFICHE Finance: LASERFICHE City Attorney: LASERFICHE/DOCUSIGN Casey Civil: DOCUSIGN Mayor: DOCUSIGN City Clerk: DOCUSIGN Please advise Noreen Bolo/Bill Davis when executed. Thank you! Public Works&Utilities 1 345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270 *Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND CASEY CIVIL PROJECT: Construction Management Services for Pump Station 14 Relocation CONSULTANT: Casey Civil, PLLC DATE: August 16,2024 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City of Bremerton and Casey Civil on February 24, 2023. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties,the modifications to the Contract are as follows: I. Section I. Scope , is modified as follows: The minor change in scope is necessary to accommodate the startup activities and cover costs associated with delay to complete the project. Section II. Term , is modified as follows: The term of November 15, 2024, remains unchanged. Section III. Compensation , is modified as follows: The original contract amount was $96,265. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $3,535 for a total amended contract amount of$99,800 including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and fmal settlement of all of the Consultant's claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City's right to bring a claim for past performance. The undersigned consultant approves the foregoing Contract Modification as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Contract Modification. Page 1 of 2 Contract Modification No. 1 Construction Management Services for the PS 14 Relocation August 2024 Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a contract modification that is binding on the parties of this contract. In addition, Consultant warrants that it has or will inform the surety of this change,and shall take appropriate action to modify any bonds required under the contract to address this change. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer/Public Works Director approved to process ii 8/30/2024 (Initials and Date) CONSULTANT THE pTgYd(, F BREMERTON [DocuSigned by: I' brim& (AStAl( OBy. CF96DF 760491. By. ' " " roE747D.. Print Name: "l `rlan Casey Print Name: Greg Wheeler Its: Principal Engineer Its: Mayor Date: 9/U/ U 4 Date: 9/13/2024 APPROVED AS TO FORM: ATTEST: ESigned by: Signed by: litidigUl B y rAcD�asaiDgaa2...' '~ . By: (�bbU LV e BaEa -1F KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Brian Casey Angela Hoover Casey Civil, PLLC City of Bremerton 6824 19th St W #407 345 6th Street Suite 100 University Place, WA 98466 Bremerton, WA 98337 R:1Legal\LegallForms\FORMS ON COBWEB\Contract Modification Rev.09 2021.docx Page 2 of 2 Contract Modification No. 1 Construction Management Services for the PS 14 Relocation August 2024 Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 Bremerton City Attorney Contract Review Sheet GENERAL CITY ATTORNEY TRACKING# 240377 Date Received: 8/19/24 Coactor: Casey Civil, PLLC Pu oos tract Mod Agreement No. I (#6490) - Constr. Mngmt. Services for Pump Station 14 Relocate Contract Amount: $ add$3,535 for new total $99,800 Contract Term: Originator/Department Contact: Noreen Bolo/Engineering phone: 2323 Request Comments By: RISK MANAGER REVIEW ❑ APPROVE ❑ NOT APPROVE Reviewer Initials: Date: Comments: CITY ATTORNEY El APPROVE ❑ NOT APPROVE ❑ Needs to go to Council Reviewer Initials: MRR Date: 8.27.24 Comments: ROUTED TO R:\LEGAL\Contracts\FORMS\Contract Review Request.doc ****Attorney-Client Communication. Not for Dissemination**** Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 Action History (UTC-08:00)Pacific Time(US&Canada) Submit by Noreen Bolo 9/4/2024 8:57:10 AM(Start) Approve by Melinda Monroe 9/4/2024 9:14:31 AM (Contracts SME:Approve/Reject) • The task was assigned to Melinda Monroe 9/4/2024 8:57:25 AM Approve by Mike Riley 9/11/2024 5:12:13 PM (Finance Review:Approve/Reject) • The task was assigned to Mike Riley 9/4/2024 9:14:35 AM Approve by Vanessa Acierto 9/13/2024 12:10:01 PM (Legal Review:Approve/Reject) • The task was assigned to Legal 9/11/2024 5:12:15 PM • Vanessa Acierto assigned the task to Vanessa Acierto 9/13/2024 12:09:37 PM Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 Contract approval submission Submission Information Submitter Noreen Bolo-Noreen.Bolo@ci.bremerton.wa.us Submission Priority* Initial Submission Type* Amendment Previous Contract Contract Type* Professional services Department* Public Works&Utility Division* Engineering Company/Entity* Casey Civil Contract/Project Pump Station 14 Relocation '` Short description.Somethingto helpidentifythe contract.E. Lower Lebo paving" duty agreement" P 9 " ,"Off a reement" Effective Date Desired start date of contract term,may not be required. Expiration Date Expected expire dated,may not be required. Renewal Date 9/4/2024 The date to start reviewing if current contract should be renewed Contract Cost* $ 96,265.00 Total estimated budget amount for entire contract term,including taxes. Contract Upload* 20240816_4545_Routing Memo for CM#1 with Casey 394.44KB Civil_.pdf 20240816_4545_Contract Modification No. 1 with Casey 218.28KB Civil.pdf 240377.pdf 563.43KB Max allowed 5 Vendor Approved* Yes No N/A Has the vendor approved this contract Submission Notes This contract modification increases the contract amount by$3,535 resulting in an amended contract amount of$96,265 from the original contract amount of$96,265. Instructions or comments for reviewer Signatures Docusign Envelope ID:43BA5380-BC53-4936-9BFE-CCCE04A38226 COB Signer Name Greg Wheeler COB Signer Title Mayor Vendor Signer Brian Casey Name* Name of signer with authority to sign the contract Vendor Title* Principal Engineer Title of signer Vendor Email* brian.casey@caseycivil.us Email where DocuSign will send contract Contract Administrator Review ................................................................................................................................................................................................................................................................................. Legal Signer* Mychael Raya Contract Administrator Upload Legal Review .................................................................................................................................................................................................................................................................................................................................................................................................. Legal Review Upload cisr op ri. '�� � . BREMERTON Ins d ry or raiar ;MO ewsoeryr.•r May 9, 2024 Casey Civil, PLLC ATTN: Brian Casey 6824 19th Street W, #407 University Place, WA 98466 Re: Pump Station 14 Relocation / Project No. 4545 CONTRACT EXTENSION TO CONTRACT NO. 6490 Dear Brian: The City is extending the completion date of the aforementioned contract. Delays in completing tasks were caused by delayed delivery of emergency power generation equipment to the site. The new contract end date is November 15, 2024. Kindly provide written confirmation of your agreement to Angela Hoover at the following address; City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 And via email at William.Davis@ci.bremerton.wa.us. If you have any questions, I can be reached by phone at (360) 473-2312 or by e-mail at William.DavisRci.bremerton.wa_us. We look forward to continuing to work with you on this project. Sincerely, 47/ y Bill Davis Managing Engineer— Utilities Cc: Project File Noreen Bolo, Project Assistant Melinda Monroe, Contracts Administrator 1909-01 Public Works&Utilities 1345 6th Street,Suite 100,Bremerton,WA 98337*Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livable waterfront city! CASEY CIVIL ...Engineering Solutions February 29, 2024 City of Bremerton Attn: Angela Hoover 345 6th Street, Suite 100 Bremerton, WA 98337-1891 RE: Pump Station 14 Relocation, City Project No. 4545 Dear Angela: We received a letter dated February 26, 2024, that states the completion date for the above- mentioned contract has been extended to May 31, 2024. This is acceptable to our company. Sincerely, Brian Casey Principal Casey Civil, PLLC rr CITY OF BREMERTON THE CITY OF PRIDE AND OPPORTUNi1Y February 26, 20024 Casey Civil, PLLC ATTN: Brian Casey 6824 19th Street W, #407 University Place, WA 98466 Re: Pump Station 14 Relocation / Project No. 4545 CONTRACT EXTENSION TO CONTRACT NO. 6490 Dear Brian: The City is extending the completion date of the aforementioned contract. Delays in completing tasks were caused by delayed delivery of emergency power generation equipment to the site. The new contract end date is May 31, 2024. Kindly provide written confirmation of your agreement to Angela Hoover at the following address; City of Bremerton 345 6th Street, Suite 100 Bremerton, WA 98337-1891 And via email at William.Davis a@ci.bremerton.wa.us. If you have any questions, I can be reached by phone at (360) 473-2312 or by e-mail at William.Davis(a7ci.bremerton.wa.us. We look forward to continuing to work with you on this project. Sincerely, William Davis Managing Engineer— Utilities Cc: Project File Noreen Bolo, Project Assistant Melinda Monroe, Contracts Administrator 1909-01 Public Works&Utilities 1345 6th Street,Suite 100,Bremerton,WA 98337 *Phone(360)473-5270*Fax(360)473-5398 Working for and with our residents to estate Bremerton as Puget Sound's most beaulifid and livable waterfront city! DATE(MM/DD/YYYY) A�o° CERTIFICATE OF LIABILITY INSURANCE 9/4/2024 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 CONTACT NAME: Tierra Trail AssuredPartners Design Professionals Insurance Services PHONE (vc,No):360-626-2011 3697 Mt. Diablo Blvd., Suite 230 (A/C,No,Ext): 360-626-2011 Lafayette CA 94549 ADODRESS: tierra.trail@assuredpartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURERA: RLI INSURANCE COMPANY 13056 INSURED CASECIV-01 INSURER B: Hartford Underwriters Insurance Company 30104 Brian Casey dba Casey Civil PLLC 2607 Bridgeport Way West INSURER C: Suite 2E INSURERD: University Place WA 98466 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER:1247322994 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MM/DD/YYYY) (MM/DD/YYYY) B X COMMERCIAL GENERAL LIABILITY Y Y 52SBABB6FMG 12/1/2023 12/1/2024 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $1,000,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 POLICY X 'ECT LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 52SBABB6FMG 12/1/2023 12/1/2024 COMBINED SINGLE LIMIT $2,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED x NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ g WORKERS COMPENSATION Y 52SBABB6FMG 12/1/2023 12/1/2024 PER X OTH- AND EMPLOYERS LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (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 A Professional Liab;Claims Made RDP0053195 1/12/2024 1/12/2026 Per Claim $2,000,000 B Employment Practices Liability 52SBABB6FMG 12/1/2023 12/1/2024 Aggregate 2,000,000 Per Claim;Aggregate 25,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. Pump Station 14 Relocation Project-Construction Management Services;The City of Bremerton is listed as an additional insured per U156A-0313 per written contract. Coverage is primary and non-contributory and contains waiver of subrogation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bremerton 345 6th Street, Suite 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337-1891 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE THE HARTFORD (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of"property damage"to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions. (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. Form SL 00 00 10 18 Page 17 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) W THE HARTFORD If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 7. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement' means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement. 2. "Advertising idea" means any idea for an "advertisement'. 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto' means: a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged. However, "auto' does not include "mobile equipment'. 5. "Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or Form SL 00 00 10 18 Page 18 of 22 ©2018, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C.WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission)