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HomeMy WebLinkAbout6792 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 PUBLIC WORKS AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, a Washington Municipal Corporation("City"), and Hutch-Con Construction ("Contractor"), whose mailing address is P.O. Box 482, Manchester, WA 98353. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: See attached quote for Full remodel of the VIP room. 2. TIME OF COMPLETION. Contractor shall complete the work within 90 calendar days from the date of issuance of the City's Notice to Proceed. FOR PROJECTS UNDER S150,000 WHERE CONTRACTOR REQUESTS TO WAIVE THE PERFORMANCE BOND AND CITY IS WILLING TO ACCEPT 10% RETAINA GE IN LIEU OF BOND, USE THE FOLLOWING LANGUAGE: 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 54,057.65, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The City shall pay the Contractor ninety percent (90%) of the Contract amount upon completion and acceptance of the work by the City, and the remainder upon fulfillment of the conditions listed below and throughout this agreement. A. No Performance Bond. Because this contract including applicable sales tax is $150,000 or less, and pursuant to Chapter 39.08 RCW, the Contractor, in lieu of providing the City a performance bond, has elected to have the City retain the final ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor& Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of ten percent (10%) of any and all payments made to contractor for a period of thirty (30) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Public Works Agreement(short form) Rev. 04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL PRECLUDE ALL CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to sub- contractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages" with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. Contractor will be required to pay Kitsap County Prevailing Wage Rates current on the bid opening date. The Kitsap County rates are available at the Department of Labor and Industries website. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith,to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). F. Liens. In the event that there are any liens on file against the City of Bremerton, the City of Bremerton shall be entitled to withhold final or progress payments to the extent deemed necessary by the City of Bremerton to properly protect the outstanding lien claimants until proper releases have been filed with the City Clerk 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or sub-contractors. Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad from property damage; explosion, collapse and underground (XCU) if applicable; and C. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than$1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. In the event that the Contractor employs other contractors (sub-contractors) as part of the work covered by this Agreement, it shall be the Contractor's responsibility to require and confirm that each sub-contractor meets the minimum insurance requirements specified above. The Contractor shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. 12. MISCELLANEOUS. Public Works Agreement(short form) Rev. 04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 A. Equal Employment Opportunity Statement. In the hiring of employees for the performance of work under this Agreement, the Contractor, its subcontractors, or any person acting on behalf of Contractor shall not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin, sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or sensory disability. B. ADA Statement. The City of Bremerton does not discriminate on the basis of disability in programs and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990, and ADA Amendments Act. This policy extends to both employment and admission to participation in the programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or applicants for employment will be provided. C. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. D. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect F. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. G. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. H. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 I. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. J. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. K. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. L. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. M. Mutually Bound. Contractor and Subcontractor are mutually bound by the terms of this agreement. Terms of this agreement will apply to the work of any subcontractor. The Contractor shall assume toward the subcontractor all obligations and responsibilities the Owner, under this agreement, assumes toward the Contractor, and the Subcontractor shall assume toward the Contractor all obligations and responsibilities which the Contractor, under this agreement, assumes towards the Owner. N. Suspension& Debarment. For contracts involving Washington State and Federal funding, Contractor hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended,proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Contractor shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Contractor enter into a covered transaction with another firm, Contractor agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. O. Solicitation of Minority Business. Per RCW 35.22.650, Contractor agrees that the contractor shall actively solicit the employment of minority group members. Contractor further agrees that the contractor shall actively solicit bids for the subcontracting of goods or services from qualified minority businesses. Contractor shall furnish evidence of the contractor's compliance with these requirements of minority employment and solicitation. Contractor further agrees to consider the grant of subcontracts to said minority bidders on the basis of substantially equal proposals in the light most favorable to said minority businesses. The contractor shall be required to submit evidence of compliance with this section as part of the bid. IN WITNESS WHEREOF,the parties below have executed this agreement. Public Works Agreement(short form) Rev. 04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 CONTRACTOR TH FBREMERTON �DocuSigned by: �i etl b Pik, C1u1d6ln,S6in, `-^.e'er 4„,,A€A, �4 F EC6AEOD43 BaaaSS7-41greg Wheeler Print Name: rconal d Hutchinson Print Name: Title: President Title: Mayor DATE 11/26/2024 DATE 11/26/2024 Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Matt Donleycott 100 Oyster Bay Ave. N Bremerton, WA 98312 (360) 473-2316 APPROVED AS TO FORM: ESigned by: .yc ,l, a 21C E8381 Bo452... Kylie J. Finnell Bremerton City Attorney ATTEST: ESigned by: Q (�bDU x 24 SSE- l e4-5e4`-F... Angela Hoover, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Public Works Agreement(short form)Rev.04 2023.doc Public Works Agreement(short form) Rev.04/2023 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 HUTCH-CON CONSTRUCTION —. Washington Contr.Reg.No.: HUTCHCC075LP July 9, 2024 McKee Mosher and Matt Donleycott City of Bremerton Sent Via Email HCI Proj. #5547—Admiral Theatre Misc. Repairs ** QUOTE ** Gentlemen, Below is our quote for the various Admiral Theatre repair items listed on the information sheet provided. We are separating out the major items and lumped a few of the minor items. The narrative below summarizes the costs and work included in these quotes. Misc. Items: • Add weather stripping at the exterior doors on Pacific Ave. and 5th streets. • Replace or repair two electrical outlets in the lady's restroom. • Caulking and sealing at misc. windows and areas. Total Cost of Misc. Repairs listed above: $ 7,361.38 Sales Tax at 9.2% 677.25 Total Cost Including Sales Tax: $ 8,038.62 Replace the 23 Existing Administration and Back of House Fire Doors— • This includes the removal and replacement of 23 separate doors. • Reinstall the existing door hardware and closures. • Paint the existing frames and new doors. Total Cost Door Replacement and Related Work: $ 56,041.63 Sales Tax at 9.2% 5.155.83 Total Cost Including Sales Tax: $ 61,197.45 Replace the Non-matching Window on the 5th Street Wall— • Remove the only non-matching 10' x 4' window with a new window matching the existing on the 5th Street Wall. Total Window Replacement Cost: $ 10,308.28 Sales Tax at 9.2% 948.36 Total Cost Including Sales Tax: $ 11,256.64 Mailing Address: P.O.Box 482,Manchester,WA 98353-0482 Office Location: 5139 S.E.Mile Hill Drive,Port Orchard,WA 98366 Office Phone: (360)871-6188 Office Fax: (360)871-2929 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 Repair the Existing Rollup Fire Door in the Back of the Stage— • Repair the broken rollup fire door and make it operate easier and function properly in case of a fire. This includes a drop test and certification as required for fire doors. Total Cost to Repair the Rollup Fire Door: $ 8,878.30 Sales Tax at 9.2% 816.80 Total Cost Including Sales Tax: $ 9,695.10 Full Remodel of the VIP Room— • Replace the existing cracked storefront window glass. • Remove and replace the existing flooring with new carpet tiles and rubber cove base. • Caulking at the existing window to stop water leakage. • Patch and paint all walls throughout the suite. • Remove the existing cabinets in the kitchenette nook and replace with new plastic laminate base cabinet, P Lam countertop, and P Lam upper cabinet. • Remove and replace the existing sink and faucet in the kitchenette. • Supply and install new 12"deep by full width lower cabinets with a new plastic laminate countertop at the existing alcove on the back wall. • Replace the damaged ceiling tiles and paint the existing ceiling grid and tile. • Replace the existing ceiling lighting with 8 new l' x 4' LED troffers. • Remove and replace the existing window sills. • Includes a$4,000 allowance for undefined restroom repairs and upgrades. Total Cost of VIP Room Remodel: $ 54,057.65 Sales Tax at 9.2% 4,973.30 Total Cost Including Sales Tax: $ 59,030.95 Repair Existing Wall Damage, Prep, Prime and Paint— • Below is a time and materials quote for the various wall repairs and repaint throughout the theatre. Below rates are without sales tax. Hourly Cost of Each Painter: $ 118.50/hr. Painting Materials Cost plus 15% Clarifications and Exclusions: • This quote includes prevailing wages for all labor • No building permits are included in this quote • All work to be performed during standard working hours. • Work will be complete by October 31'provided the contract is awarded prior to August 1st • No cost is included for hazardous material surveys or abatement. • Not cost is included for the 5th Street stucco and Roof inspection and possible repairs because this is already being done by the Admiral. Mailing Address: P.O.Box 482,Manchester,WA 98353-0482 Office Location: 5139 S.E.Mile Hill Drive,Port Orchard,WA 98366 Office Phone: (360)871-6188 Office Fax: (360)871-2929 Docusign Envelope ID:4D8745C3-0699-434A-942E-CD1 D8A924710 • This quote is good until August 1st Please feel free to contact us if you have any questions. Sincerely, Ron Hutchinson President Mailing Address: P.O.Box 482,Manchester,WA 98353-0482 Office Location: 5139 S.E.Mile Hill Drive,Port Orchard,WA 98366 Office Phone: (360)871-6188 Office Fax: (360)871-2929 ------ii . ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘.......... 11/15/2024 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 Deana McIntyre NAME: Brown&Brown Insurance Services,Inc. PHONE FAX (A/C,No,Ext): (A/C,No): 2106 Pacific Ave,Ste 501 E-MAIL Deana.Mclntyre@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Tacoma WA 98402 INSURER : The Cincinnati Insurance Company 10677 INSURED INSURER B: Allied World Assurance Company(U.S.)Inc. Hutch-Con Construction Inc. INSURER C: P.O.Box 482 INSURER D: INSURER E: Manchester WA 98353 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. IPOLICY EFF POLICY EXP NSR ADDTYPE OF INSURANCE INSD WVDSUBR POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS LTR INSD WVD ( ) ( ) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 500,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ X Property Damage Ded.$2,000 MED EXP(Any one person) $ 10,000 A Y EPP 0718961 06/24/2024 06/24/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED EBA 0718961 06/24/2024 06/24/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) Medical payments $ 5,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 6,000,000 A EXCESS LIAB CLAIMS-MADE EPP 0718961 06/24/2024 06/24/2025 AGGREGATE $ 6,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION PER OTH- Employers Liability AND EMPLOYERS'LIABILITY STATUTE ER Y/N 1 000 000 A ANY PROPRIETOR/PARTNER/EXECUTIVE N/A EPP 0718961 (WA Stop Gap) 06/24/2024 06/24/2025 E.L.EACH ACCIDENT $ , , OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 10 ,00000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ , Each Claim 1,000,000 Professional and Pollution Liability B 0312-3893 06/24/2024 06/24/2025 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Admiral Theatre Misc.Renovations-515 Pacific Ave.,Bremerton,WA 98337 The City of Bremerton is additional insured on the general liability insurance for the ongoing operations of the named insured,in regards to the written contract,per attached policy form. 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,Ste 100 AUTHORIZED REPRESENTATIVE Bremerton WA 98337 ,�', I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only it Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury', "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- If the written contract or written Lions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury"or"proper- ations hard" for a specified length ty damage"occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a Lion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work"out of an edition date, and without specifi- which the injury or damage aris- cally requiting additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", Lion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by"your organization: work" performed under that written contract or written agreement and in- a. Arising out of your ongoing opera- tions or arising out of'your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Pam- dudes arising out of your ongoing graph B.1., the following additional exdu- operations or arising out of "your sions apply: work'; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury', "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury' or "property damage" sion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury', "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in ParagraphsA and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: a. 2. Will not be broader than that which you The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B.,the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the"personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is tie amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. B. Additional Insured -State Or Governmental and B. For the purpose of determining the Agency Or Subdivision Or Political Subdi- required amount of insurance only,we will g Y include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2. Available under the applicable limits of in- or subdivision or political subdivision you surance; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- This endorsement shall not increase the appli- cal subdivision is an additional insured cable limits of insurance. only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A or B. that this in- ry" or "property damage" occurs, or the "per- surance would be primaryto any other in- sonal and advertising injury' offense is corn- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance2. Subsequent to your execution of the writ- means a centralized insurance program contractue o writ agreement, or the under which one party has secured either in- tensurance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. F. Except when G. below applies, the following is Primary And Noncontributory Insurance When Reg added to Section IV - Commercial GeneralRequired Permit Or Authorization Contract, By Written Liability Conditions, Other Insurance, and Agreement, supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A.and B. provided that: Paragraphs A.and B.except: 1. The additional insured is a Named In- 1. As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A or B. that this in- 2. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- mice available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case,this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV - Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific project(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure To Disclose Hazards 8 3. Damage To Premises Rented To You 8 4. Supplementary Payments 10 5. Medical Payments 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations 10 7. Waiver Of Subrogation 10 8. Automatic Additional Insured -Specified Relationships: 10 (a) Managers Or Lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment 13 10. Employees As Insureds - Specified Health Care Services And Good Samaritan Services 14 11. Broadened Notice Of Occurrence 14 12. Nonowned Aircraft 14 13. Bodily Injury Redefined 15 14. Expected Or Intended Injury Redefined 15 15. Former Employees As Insureds 15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage 15 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property 17 18. Alienated Premises 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings: $ 500 Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 1 of 17 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Orairrence unless othewise stated$ Deductible Amount(Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (b) Payroll (For Limits in Excess of (For Limits in Excess of (c) Gross Sales $5,000) $5,000) (d) Units (e) Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM $ C. Coverages 1) The amount we 'Mll pay 1. Employee Benefit LiabilityCoverage for damages is limited 9 as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse- COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to (a) We will paythose sums that defend ends when we have used up the appli- the insured becomes legally cable limit of insurance obligated to pay as damag- in the payment of judg- es caused by any act, error ments or settlements. or omission of the insured, or of any other person for No other obligation or liabil- whose ads the insured is ity to pay sums or perform legally liable, to which this ads or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay- defend the insured against ments. any "suit" seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the ad, er- against any "suit' seeking ror or omission is negligently damages to which this in- committed in the "admin- surance does not apply. We istration" of your "employee may, at our discretion, in- benefit program"; and vestigate any report of an 1) Occurs during the policy ad, error or omission and period; or settle any daim or"suit'that may result. But: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the fraudulent, criminal or mali- "first effective date" of cious ad, error or omission, this endorsement pro- committed by any insured, vided: including the willful or reck- a) You did not have less violation of any statute. knov edge of a (c) Failure To Perform A Con- claim or"suit"on or tract before the "first ef- fective date" of this Damages arising out of fail- endorsement. ure of performance of con- tract by any insurer. You will be deemed to have (d) Insufficiency Of Funds knowledge of a Damages arising out of an claim or "suit" insufficiency of funds to when any insured meet any obligations under listed under C. any plan included in the Coverages, 1. "employee benefit program". Employee Benefit Liability Coverage, (e) Inadequacy Of Perfor- b. Who Is An In- mance Of Invest- sured, (1) of this ment/Advice Given With endorsement or Respect To Participation any "employee" authorized by you Any claim based upon: to give or receive 1) Failure of any invest- notice of a claim or ment to perform; "suit': i Reports all, or 2) Errors in providing in- 0 formation on past per- any part, of the formance of investment ad, error or vehicles; or omission to us or any other 3) Advice given to any insurer; person with respect to ii) Receives a that person's decision to participate or not to par- written or ver- ticipate in any plan in- bal demand or cluded in the "employee claim for dam- benefit program". ages because of the ad, er- (f) Workers' Compensation ror or omis- And Similar Laws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, soda) security or This insurance does not apply to: disability benefits law or any similar law. (a) Bodily Injury, Property Damage Or Personal And (g) ERISA Advertising Injury Damages for which any in- "Bodily injury", "property sured is liable because of li- damage" or "personal and ability imposed on a fduci- advertising injury". ary by the Employee Re- tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 3 of 17 (h) Available Benefits (a) An individual, you and your Any claim for benefits to the spouse are insureds, but on- extent that such benefits arely with respects the con- extent available, with reasonable duct a business effort and cooperation of the you arree the solee owner. which insured, from the applicable (b) A partnership or joint ven- funds accrued or other col- ture, you are an insured. lectible insurance. Your members, your part- ners, and their spouses are (i) Taxes, Fines Or Penalties also insureds but only with Taxes, fines or penalties, in- respell to the conduct of cluding those imposed un- your business. der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, (j) Employment-Related Prac- but only with respect to the tices conduct of your business. Your managers are in- Any liability arising out of sureds, but only with respect any: to their duties as your man- 1) Refusal to employ; agers. 2) Termination of employ- (d) An organization other than a partnership, joint venture or ment; limited liability company, you 3) Coercion, demotion, are an insured.Your"execu- evaluation, reassign- Live officers" and directors ment, discipline, defa- are insureds, but only with mation, harassment, respect to their duties as humiliation, discrimina- your officers or directors. tion or other employ- Your stockholders are also ment-related practices, insureds, but only with re- ads oromissions; or spect to their liability as stockholders. 4) Consequential liability as a result of 1), 2)or 3) (e) A trust, you are an insured. above. Your trustees are also in- sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be held liable as an employer (2) Each of the following is also an or in any other capacity and insured. to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program"; jury. Supplementary Payments (b) Any persons, organizations (3) pp rY Y or"employees" having prop- Section I - Supplementary Pay- er temporary authorization ments - Coverages A and B also to administer your "employ- apply to this Coverage, however ee benefit program" if you 1.b. and 2. of the Supplementary die, but only until your legal Payments provision do not apply. representative is appointed; or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II -Who Is An spect to duties as such.That Insured is replaced by the following: representative will have all (1) If you are designated in the Dec- your rights and duties under this Coverage Part. larations as: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 4 of 17 (3) Any organization you newly ac- dorsement is the most we will quire or form, other than a part- pay for all damages sustained by nership, joint venture or limited any one "employee", including liability company, and over which damages sustained by such you maintain ownership or major- "employee's" dependents and ity interest, will qualify as a beneficiaries, as a result of: Named Insured if no other similar insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under (b) A series of related ads, er- this provision: rors or omissions, regard- (a) Is afforded only until the less of the amount of time 180th day after you acquire that lapses between such or form the organization or ads, errors or omissions; the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- (b) Does not apply to any act, ee benefit program". error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits Of Insurance to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program" ity Coverage, Section III - Limits Of Insurance is replaced by the follow- (4) Deductible Amount ing: (a) Our obligation to pay dam- (1) The Limits of Insurance shown in ages on behalf of the in- Section B. Limits Of Insurance, sured applies only to the 1. Employee Benefit Liability amount of damages in ex- Coverage of this endorsement cess of the Deductible and the rules below fix the most Amount shown in Section B. we will pay regardless of the Limits Of Insurance, 1. Em- number of: ployee Benefit Liability Cov- erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (b) Claims made or "suits" ance shall not be reduced brought; by the amount of this de- (c) Persons or organizations ductible. making claims or bringing (b) The Deductible Amount "suits"; shown in Section B. Limits (d) Acts,errors or omissions; or Of Insurance, 1. Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by includ- (2) The Aggregate Limit shown in any one "employee", de- Section B. Limits Of Insurance, ing such "employee's"enef' i i 1. Employee Benefit Liability pendentsca of and beneficiaries, because all ads, errors or Coverage of this endorsement is omissions to which this in- the most we will pay for all dam- surance applies. ages because of ads, errors or omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 5 of 17 2) Your duties, and the du- You must see to it that ties of any other in- we receive written no- volved insured, in the tice of the daim or"suit" event of an act, error or as soon as practicable. omission, or claim; c. You and any other in- apply irrespective of the ap- volved insured must: plication of the Deductible Amount. (1) Immediately send us copies of any (d) We may pay any part or all demands, notices, of the Deductible Amount to summonses or le- effect settlement of any gal papers re- claim or"suit and, upon no- ceived in connec- tification of the action taken, Lion with the daim you shall promptly reim- or"suit; burse us for such part of the Deductible Amount as we (2) Authorize us to ob- have paid. tain records and other information; d. Additional Conditions (3) Cooperate with us As respects Employee Benefit Liabil- in the investigation ity Coverage, Section IV- Commer- or settlement of the cial General Liability Conditions is claim or defense amended as follows: against the 'suit; and (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or (4) Assist us, upon our Suit is replaced by the following: request, in the en- 2. Duties In The Event Of An rirorhemeat of any Error, Omission, ert againsto any Act, person or organi- Claim Or Suit nation which may a. You must see to it that be liable to the in- we are notified as soon sured because of as practicable of an act, an ad, error or error or omission which omission to which may result in a daim. this insurance may To the extent possible, also apply. notice should include: d. No insured will, except (1) What the act, error at that insured's own or omission was cost, voluntarily make a and when it oc- payment, assume any curred; and obligation, or incur any expense without our (2) The names and consent. addresses of any- one who may suf- (2) Item 4. Other Insurance is re- fer damages as a placed by the following: result of the ad, 4. Other Insurance error or omission. b. If a daim is made or If other valid and collectible insurance is available to the "suit" is brought against insured for a loss we cover any insured, you must: under this Employee Benefit (1) Immediately record Liability Coverage, our obli- the specifics of the gations are limited as fol- claim or "suit" and lows: the date received; a. Primary Insurance and Notifyus as soon This insurance is prima- (2) ry except when c. below as practicable. applies. If this insurance Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 6 of 17 is primary, our obliga- scope of "employee Lions are not affected benefit programs"; unless any of the other insurance is also prima- b. Interpreting the "em- ry. Then, we will share ployee benefit pro- with all that other insur- grams"; ance by the method de- c. Handling records in scribed in Paragraph b. connection with the below. "employee benefit pro- b. Method Of Sharing grams"; or If all of the other insur- d. Effecting, continuing or ance permits contribu- terminating any "em- tion by equal shares, ployee's" participation in we will follow this meth- any benefit included in od also. Under this ap- the "employee benefit proach each insurer program". contributes equal However, "administration" amounts unti it has does not include: paid its applicable limit of insurance or none of a. Handling payroll deduc- the loss remains, Lions; or whichever comes first. b. The failure to effect or If any of the other in- maintain any insurance surance does not permit or adequate limits of contribution by equal coverage of insurance, shares, we will contrib- including but not limited ute by limits. Under this to unemployment insur- method, each insurer's ance, social security share is based on the benefits, workers' com- ratio of its applicable pensation and disability limit of insurance to the benefits. total applicable limits of insurance of all insur- 2. 'Cafeteria plans" means ers. plans authorized by applica- ble law to allow "employees" c. No Coverage to elect to pay for certain benefits with pre-tax dollars. This insurance shall not cover any loss for which 3. "Employee benefit pro- the insured is entitled to grams" means a program recovery under any providing some or all of the other insurance in force following benefits to "em- previous to the effective ployees", whether provided date of this Employee through a "cafeteria plan" or Benefit Liability Cover- otherwise: age. a. Group life insurance; e. Additional Definitions group accident or health As respects Employee Benefit Liabil- insurance; dentalviand and hearing plans; and ity Coverage, Section V-Definitions flexible spending ac- is amended as follows: counts; provided that no (1) The following definitions are one other than an "em- added: ployee" may subscribe to such benefits and 1. "Administration"means: such benefits are made a. Providing information to generally available to "employees", including those "employees" who satisfy q the Alan's eligibil- their dependents and ity beneficiaries, with re- spect requirements; to eligibility for or Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 7 of 17 b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro- benefits and such bene- ceeding. fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- arcs ees" who are eligible under the plan for such Section IV-Commercial General Liabil- benefits; ity Conditions, 6. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep- benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disclose all benefits; and such hazards at the inception date of your d. Vacation plans, includ- policy, we will not reject coverage under this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, family, and civil leave; a. The last paragraph of 2. Exclusions tuition assistance plans; under Section I -Coverage A- Bod- transportation and ily Injury And Property Damage Li- health dub subsidies. ability is replaced by the following: 4. "First effective date" means Exdusions c.through n. do not apply the date upon which cover- to damage by fire, explosion, light- age was first effected in a ning, smoke or soot to premises while series of uninterrupted re- rented to you or temporarily occupied newals of insurance cover- by you with permission of the owner, age. for which the amount we will pay is limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III- Limits Of Insurance. placed by the following: b. The insurance provided under Sec- 5. "Employee" means a person Lion I -Coverage A- Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" does not include a "tempo- As respects Water Damage Legal Li- rary worker". ability, as provided in Paragraph 3.b. above: 18. "Suit" means a civil proceed- ng in which money damag- The exclusions under Section I - es because of an act, error Coverage A - Bodily Injury And Prop- or omission to which this in- erty Damage Liability, 2. Exclusions, surance applies are alleged. other than i. War and the Nuclear "Suit" includes: Energy Liability Exdusion (Broad Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- ages are claimed and to This insurance does not apply to: which the insured must (a) "Property damage": submit or does submit with our consent; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 8 of 17 (i) Assumed in any contract or conditioning, fire protection sys- agreement; or tems, or other equipment, (ii) Caused by or resulting from any caused by or resulting from freezing, unless: of the following: Wear and tear; (i) You did your best to main- 1) tain heat in the building or 2) Rust or other corrosion, de- structure; or cay, deterioration, hidden or (ii) You drained the equipment latent defect or any quality in and shut off the water supply property that causes it to if the heat was not main- damage or destroy itself tained. 3) Smog; (d) "Property damage"to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air condi- cluding rupture or bursting tioning, fire protection sys- caused by centrifugal force; tems, or other equipment or 5) Settling, crading, shrinking appliances; or or expansion; (ii) The interior of any building 6) Nesting or infestation, or or structure, or to personal discharge or release of property in the building or waste products or secre- structure, caused by or re- tions, by insects, birds, ro- suiting from rain,snow, sleet dents or other animals; or or ice, whether driven by wind or not. 7) Presence, growth, prolifera- tion, spread or any activity of c. Limit Of Insurance fungus, including mold or With respect to the insurance afford- mildew, and any myootoxins, ed in Paragraphs 3.a. and 3.b.above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. Lions is amended as folbws: (b) "Property damage" caused di- (1) Paragraph 6. of Section III - Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (i) Earthquake, volcanic erup- 6. Subject to Paragraph 5. Lion, landslide or any other above, the Damage To earth movement; Premises Rented To You (ii) Water that backs up or over- Limit is the most we will pay flows or is otherwise dis- under Coverage A - Bodily charged from a sewer, drain, Injury And Property Damage sump, sump pump or related Liability for damages be- equipment; cause of "property damage" to any one premises: (iii) Water under the ground sur- face pressing on, or flowing a. While rented to you, or or seeping through: temporarily occupied by you with permission of 1) Foundations, walls, the owner; floors or paved surfac- es; b. In the case of damage by fire, explosion, tight- 2) Basements, whether ning, smoke or soot, paved or not;or while rented to you;or 3) Doors,windows or other c. In the case of damage openings. by water, while rented (c) "Property damage" caused by or to and occupied by you. resulting from water that leaks or (2) The most we will pay is limited as flows from plumbing, heating, air described in Section B. Limits Of Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 9 of 17 Insurance, 3. Damage To Prem- the insured has waived its right of recov- ises Rented To You of this en- ery in a written contract, written agree- dorsement. ment, written permit or written authoriza- tion.4. Supplementary Payments Such waiver by us applies only to pp Y Y the extent that the insured has waived its Under Section I - Supplementary Pay- right of recovery against such additional ments -Coverages A and B: insured prior to loss. a. Paragraph 1.b. is replaced by the fol- 8. Automatic Additional Insured - Speci- lowing: fied Relationships Up to the limit shown in Section B. a. The following is added to Section II - Limits Of Insurance, 4.a. Bail Bonds Who Is An Insured: of this endorsement for cost of bail (1) Any person(s) or organization(s) bonds required because of accidents described in Paragraph 8.a.(2) of or traffic law violations arising out of this endorsement (hereinafter re- the use of any vehicle to which the ferred to as additional insured) Bodily Injury Liability Coverage ap- whom you are required to add as plies.We do not have to furnish these an additional insured under this bonds. Coverage Part by reason of a b. Paragraph 1.d. is replaced by the fol- written contract, written agree- owing: ment, written permit or written authorization. All reasonable expenses incurred by the insured at our request to assist us (2) Only the following persons or or- in the investigation or defense of the ganizations are additional in- claim or"suit', including actual loss of sureds under this endorsement, earnings up to the limit shown in Sec- and insurance coverage provided tion B. Limits Of Insurance, 4.b. Loss to such additional insureds is lim- Of Earnings of this endorsement per ited as provided herein: day because of time off from work. (a) Managers Or Lessors Of 5. Medical Payments Premises The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Declarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, 5. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- ly with respect to liability for 6. 180 Day Coverage For Newly Formed "bodily injury", "property Or Acquired Organizations damage" or "personal and Section II - Who Is An Insured is advertising injury"caused, in whole or in part, by you or amended asfolbws: those acting on your behalf Subparagraph a. of Paragraph 3. is re- in connection with the own- placed by the following: ership, maintenance or use of that part of the premises a. Coverage under this provision is af- leased to you, subject to the forded only until the 180th day after following additional exclu- you acquire or form the organization sions: or the end of the policy period, whichever is earlier; This insurance does not ap- ply to: 7. Waiver Of Subrogation (i) Any "occurrence" which Section IV-Commercial General Liabil- takes place after you ity Conditions, 8. Transfer Of Rights Of cease to be a tenant in Recovery Against Others To Us is that premises; amended by the addition of the following: (ii) Structural alterations, We waive any right of recovery against new construction or any additional insured under this en- demolition operations dorsement, because of any payment we performed by or on be- make under this endorsement, to whom Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 10 of 17 half of such additional damages that the insured. vendor would have in the absence of (b) Lessor Of Leased Equip- the contract or ment agreement; Any person(s) or organiza- 2) Any express war- tion(s) from whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8.a.(1) of this endorsement to provide in- 3) Any physical or surance. Such person(s) or chemical change in organization(s) are insureds the product made only with respect to liability intentionally by the for "bodily injury", "property vendor; damage" or "personal and advertising injury'caused, in 4) Repackaging, ex- whole or in part, by your cept when un- maintenance, operation or packed solely for use of equipment leased to the purpose of in- you by such person(s) or or- spection, demon- ganization(s). A person's or stration, testing, or organization's status as an the substitution of additional insured under this parts under in- endorsement ends when structions from the their contract or agreement manufacturer, and with you for such leased then repackaged in equipment ends. However, the original con- this insurance does not ap- tainer; ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests (c) Vendors or servicing as the vendor has agreed Any person or organization to make or normal- (referred to below as yen- ly undertakes to dor) you are required per make in the usual Paragraph 8.a.(1) of this en- course of busi- dorsement to provide insur- ness, in connection ance, but only with respect with the distribution to liability for "bodily injury" or sale of the or"property damage"arising products; out of"your products"which are distributed or sold in the 6) Demonstration, in- regular course of the yen- stallation, servicing dor's business, subject to or repair opera- the following additional ex- Lions, except such clusions: operations per- formed at the yen- (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury' or 7) Products which, af- "property damage" ter distribution or for which the yen- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub- agreement. This stance by or for the exclusion does not vendor; or apply to liability for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 11 of 17 8) "Bodily injury' or Permits Or Authorizations "property damage" Relating To Premises arising out of the sole negligence of Any state or governmental the vendor for its agency or subdivision or po- own ads or omis- litical subdivision you are sions or those of required per Paragraph its employees or 8.a.(1) of this endorsement anyone else acting to provide insurance, subject on its behalf. How- to the following additional ever,this exclusion provision: does not apply to: This insurance applies only a) The excep- with respect to the following Lions contained hazards for which the state in Paragraphs or governmental agency or (c)(i)4) or 6) of subdivision or political sub- this endorse- division has issued a permit ment or or authorization in connec- tion with premises you own, b) Such inspec- rent or control and to which Lions, Oust- this insurance applies: ments, tests or servicing as (i) The existence, mainte- the vendor has nance, repair, construc- agreed to Lion, erection or removal make or nor- of advertising signs, mally under- awnings, canopies, cel- takes to make lar entrances, coal in the usual holes, driveways, man- course of holes, marquees, hoist business, in away openings, side- connection walk vaults, street ban- with the distri- ners or decorations and bution or sale similar exposures; of the prod- (ii) The construction, erec- ucts. tion or removal of eleva- (ii) This insurance does not tors; or apply to any insured (iii) The ownership, mainte- person or organization: nance or use of any el- 1) From whom you evators covered by this have acquired insurance. such products, or (e) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- ing into, accompa- Any person or organization nying or containing you are required per Pam- such products; or graph 8.a.(1) of this en- 2 When liabilityin- dorsement to provide insur- ance, but only with respect cluded within the to their liability as mortga- complcts- gee, assignee or receiver completed opera- and arising out of the own- tions hazard" has ership, maintenance or use been excluded un- of the premises by you. der this Coverage However, this insurance Part with respect to does not apply to structural such products. alterations, new construction (d) State Or Governmental and demolition operations Agency Or Subdivision Or performed by or for that per- Political Subdivision - son or organization. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 12 of 17 (3) The insurance afforded to addi- Automatic Additional Insured Pro- tional insureds described in Par- vision agraph 8.a.(1) of this endorse- ment: This insurance applies only if the "bodily injury" or "property damage" (a) Only applies to the extent occurs, or the "personal and advertis- permitted by law; ing injury'offense is committed: (b) Will not be broader than that (1) During the policy period; and which you are required by the written contract, written (2) Subsequent to your execution of agreement, written permit or the written contract or written written authorization to pro- agreement, or the issuance of a vide for such additional in- written permit or written authori- sured; and zation, described in Paragraph 8.a.(1). (c) Does not apply to any per- son, organization, vendor, d. Section IV - Commercial General state, governmental agency Liability Conditions is amended as or subdivision or political follows: subdivision, specifically Condition 4. Other Insurance is named as an additional in- amended to include: sured under any other provi- sion of, or endorsement Primary And Noncontributory In- added to, this Coverage surance Part, provided such other provision or endorsement This insurance is primary to and will covers the injury or damage not seek contribution from any other for which this insurance ap- insurance available to an additional plies. insured per Paragraph 8.a.(1) of this endorsement provided that: b. With respect to the insurance afford- ed to the additional insureds de- (1) The additional insured is a scribed in Paragraph 8.a.(1) of this Named Insured under such other endorsement, the following is added insurance; and to Section III -Limits Of Insurance: (2) You have agreed in writing in a The most we will pay on behalf of the contract, agreement, permit or additional insured is the amount of in- authorization described in 8.a.(2) surance: of this endorsement that this in- surance would be primary and (1) Required by the written contract, would not seek contribution from written agreement, written permit any other insurance available to or written authorization described the additional insured. in Paragraph 8.a.(1) of this en- dorsement. For the purpose of 9. Property Damage To Borrowed Equip- determining the required amount ment of insurance only, we will include a. The following is added to Exclusion the minimum amount of any Um- 2.j. Damage To Property under Sec- brella liability or Excess Liability Lion I -Coverage A- Bodily Injury And coverage required for that addi- Property Damage Liability: tional insured in that written con- tract, written agreement, written Paragraphs (3) and (4) of this exclu- permit or written authorization; or sion do not apply to tools or equip- mentnder the applicable loaned to you, provided they are (2) Available u limits of insurance;nde not being used to perform operations at the time of loss. whichever is less. b. With respect to the insurance provid- This endorsement shall not increase ed by this section of the endorse- the applicable limits of insurance. ment, the following additional provi- sions apply: c. Section IV - Commercial General Liability Conditions is amended to (1) The Limits of Insurance shown in include the following: the Declarations are replaced by the limits shown in Section B. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 13 of 17 Limits Of Insurance, 9. Property 1) Your "employees" who provide pro- Damage To Borrowed Equip- fessional health care services on your ment of this endorsement with behalf as a duly licensed nurse, respect to coverage provided by emergency medical technician or this endorsement. These limits paramedic in the jurisdiction where an are inclusive of and not in addi- "occurrence" or offense to which this Lion to the limits being replaced. insurance applies takes place; or The Limits of Insurance shown in Section B. Limits Of Insurance, 2) Your"employees" or"volunteer work- 9. Property Damage To Bor- ers", other than an employed or vol- rowed Equipment of this en- unteer doctor, providing first aid or dorsement fix the most we will good samaritan services during their pay in any one "occurrence" re- work hours for you will be deemed to gardless of the number of: be acting within the scope of their employment by you or performing du- (a) Insureds; ties related to the conduct of your (b) Claims made or "suits" business. brought; or 11. Broadened Notice Of Occurrence (c) Persons or organizations Paragraph a. of Condition 2. Duties In making claims or bringing The Event Of Occurrence, Offense, "suits". Claim Or Suit under Section IV -Deductible Clause Com- mercial General Liability Conditions is (2) replaced by the following: (a) Our obligation to pay dam- a. You must see to it that we are notified ages on your behalf applies as soon as practicable of an "occur- only to the amount of dam- rence"or an offense which may result ages for each "occurrence" in a claim.To the extent possible, no- which are in excess of the Lice should include: Deductible Amount shown in Section B. Limits Of Insur- (1) How, when and where the "oc- ance, 9. Property Damage currence"or offense took place; To Borrowed Equipment of this endorsement. The limits (2) The names and addresses of of insurance will not be re- any injured persons and wit- duced by the application of nesses; and such deductible amount. (3) The nature and location of any (b) Section IV - Commercial injury or damage arising out of General Liability Conditions, the "occurrence"or offense. 2. Duties In The Event Of This requirement applies only when Occurrence, Offense, Claim the "occurrence" or offense is known Or Suit, applies to each to any insured listed under Paragraph claim or"suit irrespective of 1.of Section II -Who Is An Insured or the amount. any "employee" authorized by you to (c) We may pay any part or all give or receive notice of an "occur- of the deductible amount to rence"or offense. effect settlement of any 12. Nonowned Aircraft claim or "suit and, upon no- tification of the action taken, The following is added to Exclusion 2.g. you shall promptly reim- Aircraft, Auto Or Watercraft under Sec- burse us for such part of the tion I - Coverage A - Bodily Injury And deductible amount as has Property Damage Liability: been paid by us. This exclusion does not apply to an air- 10. Employees As Insureds - Specified craft you do not own, provided that: Health Care Services And Good Samar- itan Services a. The pilot in command holds a current effective certificate, issued by a duly Paragraph 2.a.(1)(d) under Section II - constituted authority of the United Who Is An Insured does not apply to: States of America or Canada, desig- nating that person as a commercial or airline transport pilot; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 14 of 17 b. The aircraft is rented with a trained, 2) Damage occurs while in paid crew; and your possession. c. The aircraft does not transport per- At your written request, we sons or cargo for a charge. will make this payment re- of you are 13. Bodily Injury Redefined at garfaullt for theer"property Section V- Definitions, 3. "Bodily injury' damage". is replaced by the following: If you, at our request, re- 3. "Bodily injury' means bodily harm or place, or make any repairs injury, sickness, disease, disability, to, damaged property of humiliation, shock, fright, mental an- others, the amount we will guish or mental injury, including care, pay under Voluntary Proper- loss of services or death resulting ty Damage Coverage will be from any of these at any time. determined by your actual cost to replace or repair the 14. Expected Or Intended Injury Redefined damaged property, exclud- ing any profit or overhead. The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- Any payment we make un- tion I - Coverage A - Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- This exclusion does not apply to "bodily uion of liability by you or by us. injury' or"property damage" resulting from the use of reasonable force to protect per- It shall be your duty, not our sons or property. duty, to defend any claim or "suit'to which this insurance 15. Former Employees As Insureds applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II -Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- acts or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage"only it rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory'; and those on leave of absence, but only for acts within the scope of their em- 2) The "property damage" ployment by you or for duties related occurs during the policy to the conduct of your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section I -Coverages is amended to This insurance does not apply to include the following: "property damage" that would be COVERAGE D - VOLUNTARY excluded by Coverage A- Bodily Injury And Property Damage Lia- PROPERTY DAMAGE COVERAGE bility, 2. Exclusions, except forj. (1) Insuring Agreement Damage To Property, Para- graphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and I. pair or replace "property Damage To Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary Prop- when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec- you; or tion V-Definitions are replaced by the following: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 15 of 17 13. "Occurrence" means an in- "property damage" under this cident, including continuous Coverage Part. or repeated exposure to substantially the same gen- c. Limits Of Insurance And Deducti- eral harmful conditions that bles result in "property damage". For purposes of the coverage provid- 17. "Property damage" means ed by Voluntary Property Damage physical injury to tangible Coverage and Care, Custody Or Con- property. Electronic data is trol Liability Coverage, Section III - not tangible property, and Limits Of Insurance is amended to "property damage" does not include the following: include disappearance, ab- (1) The Limits of Insurance shown in straction or theft. the Declarations are replaced by As used in this definition, the limits shown in Section B. electronic data means in- Limits Of Insurance, 16. Volun- formation, fads or pro- tary Property Damage Coverage grams, stored as or on, cre- and Care, Custody Or Control ated or used on, transmitted Liability Coverage in this en- to or from computer soft- dorsement. These limits are in- ware, including systems and clusive of, and not in addition to, applications software, hard the limits being replaced. The or floppy disks, CD-ROMs, Limits of Insurance shown in the tapes, drives, cells, data Schedule fix the most we will pay processing devices or any regardless of the number of: other media which are used (a) Insureds; with electronically controlled equipment. (b) Claims made or "suits" brought;or b. Care, Custody Or Control Liability Coverage (c) Persons or organizations For purposes of the coverage provid- making claims or bringing "suits". ed by Care, Custody Or Control Lia- bility Coverage in this endorsement (2) (a) Subject to (3) below, the only: Voluntary Property Damage (1) Section I Coverage A Bodily Coverage Each Occurrence Limit Of Insurance is the Injury And Property Damage Lia- bay, 2. Exclusions, j. Damage most we will pay for the sum Paragraphs 3 , of damages under Voluntary To Property, ( ) (4) Property Damage Coverage; and (5)do not apply to "property damage" to the property of oth- (b) The Care, Custody Or Lon- ers described therein. trol Liability Coverage Each (2) It shall be your duty, not our duty, Occurrence Limit Of Insur- to defend any claim or "suit" to ance is the most we will pay for the sum of damages un- which this insurance applies. der Care, Custody Or Con- No other obligation or liability to trol Liability Coverage; pay sums or perform acts or ser- because of all "property damage" vices is covered. arising out of any one "occur- This Paragraph (2) supersedes rence". any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of (3) "Property damage" for which Insurance is the most we will pay Care, Custody Or Control Liabil- for the sum of all damages under ity Coverage provides coverage Voluntary Property Damage shall be deemed to be caused by Coverage. This limit applies sep- an "occurrence" but shall not aratelyto each "coverage term". serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 16 of 17 (a) Our obligation to pay dam- you shall promptly reim- ages on your behalf applies burse us for such part of the only to the amount of dam- Deductible Amount as has ages for each "occurrence" been paid by us. which are in excess of the Deductible Amount shown in 17. Broadened Contractual Liability -Work Section B. Limits Of Insu- Within 50' Of Railroad Property ance, 16. Voluntary Property Section V - Definitions, 9. "Insured con- Damage Coverage and tract"is amended as follows: Care, Custody Or Control Liability Coverage. The lim- a. Paragraph c. is replaced by the fol- its of insurance will not be lowing: reduced by the application of such Deductible Amount. c. Any easement or license agree- ment; (b) Section IV - Commercial General Liability Conditions, b. Paragraph f.(1) is deleted in its entire- 2. Duties In The Event Of ty. Occurrence, Offense, Claim 18. Alienated Premises Or Suit, applies to each claim or"suit irrespective of Exdusion 2.j. Damage To Property, Para- the amount. graph (2) under Section I - Coverage A - We maypay anypart or all Bodily Injury And Property Damage Liabil- (c) ity does not apply if the premises are of the Deductible Amount to "your work". effect settlement of any claim or"suit and, upon no- tification of the action taken, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 17 of 17 POLICY NUMBER:EPP 071 89 61 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): EACH OF THE NAMED INSURED'S CONSTRUCTION PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legal- shown in the Declarations nor shall they ly obligated to pay as damages caused by"oc- reduce any other Designated Construction currences" under Section I - Coverage A, and Project General Aggregate Limit for any for all medical expenses caused by accidents other designated construction project under Section I-Coverage C,which can be at- shown in the Schedule above. tributed only to ongoing operations at a single designated construction project shown in the 4. The limits shown in the Declarations for Schedule above: Each Occurrence, Damage To Premises Rented To You and Medical Expense 1. A separate Designated Construction Pro- continue to apply. However, instead of be- ject General Aggregate Limit applies to ing subject to the General Aggregate Limit each designated construction project, and shown in the Declarations, such limits will that limit is equal to the amount of the be subject to the applicable Designated General Aggregate Limit shown in the Construction Project General Aggregate Declarations. Limit. 2. The Designated Construction Project B. For all sums which the insured becomes legal- General Aggregate Limit is the most we ly obligated to pay as damages caused by"oc- will pay for the sum of all damages under currences" under Section I - Coverage A, and Coverage A, except damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" in- under Section I-Coverage C,which cannot be cluded in the "products-completed opera- attributed only to ongoing operations at a sin- tions hazard", and for medical expenses gle designated construction project shown in under Coverage C regardless of the num- the Schedule above: ber of 1. Any payments made under Coverage A a. Insureds; for damages or under Coverage C for medical expenses shall reduce the b. Claims made or"suits" brought; or amount available under the General Ag- c. Persons or organizations making gregate Limit or the Products-completed claims or bringing "suits". Operations Aggregate Limit, whichever is applicable; and 3. Any payments made under Coverage A for damages or under Coverage C for 2. Such payments shall not reduce any Des- medical expenses shall reduce the Des- ignated Construction Project General Ag- ignated Construction Project General Ag- gregate Limit. gregate Limit for that designated con- C. When coverage for liability arising out of the struction project. Such payments shall not "products-completed operations hazard" is reduce the General Aggregate Limit provided, any payments for damages because CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 of"bodily injury" or"property damage" included doned and then restarted, or if the authorized in the "products-completed operations hazard" contracting parties deviate from plans, blue- will reduce the Products-completed Operations prints, designs, specifications or timetables, Aggregate Limit, and not reduce the General the project will still be deemed to be the same Aggregate Limit nor the Designated Construc- construction project. tion Project General Aggregate Limit. E. The provisions of Section III - Limits Of Insur- D. If the applicable designated construction pro- ance not otherwise modified by this endorse- ject has been abandoned, delayed, or aban- ment shall continue to apply as stipulated. CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 2 of 2 0