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HomeMy WebLinkAbout6742 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 PROFESSIONAL SERVICES AGREEMENT [KITSAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT SERVICES The City of Bremerton("City")and Art Anderson Associates, Inc. ("Consultant"),referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 3, 2024, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IL Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however,that additional time shall be granted by the City for excusable delays or extra work as provided for in Section X.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement,the City shall pay Consultant in an amount not to exceed Ninety-one thousand two-hundred eighty dollars $91,280. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business &Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent,the City may withhold the delinquent amount,plus any additional charges arising from the delinquency,from any payments due Consultant. V. Indenmification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE Page 2 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Any payment of deductible or self-insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 3 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. In the event that the Consultant employs other consultants or Consultants (sub-consultants or sub-Consultants) as part of the work covered by this Agreement, it shall be the Consultant's responsibility to require and confirm that each sub-consultant or sub-Consultant meets the minimum insurance requirements specified above. The Consultant 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. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles ("GAAP")to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service Page 4 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials,tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. L Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Colette Berna Attn:Ben Anderson Dept. of Parks and Recreation Art Anderson Associates, Inc. City of Bremerton 830 Pacific Avenue STE 200 345 6t' Street, Suite 100 Bremerton, WA 98337 Bremerton, WA 98337-1891 Page 5 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Consultant without the written consent of the City shall be void. VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work under this Agreement, the Consultant, its subconsultants, or any person acting on behalf of Consultant 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. IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is Page 6 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1)any acts of the federal government in controlling,restricting, or requisitioning materials, equipment,tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten(10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. XI. Suspension & Debarment. For contracts involving Washington State and Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. SIGNATURES ON NEXT PAGE Page 7 of 8 Bremerton/[Art Andreson Associates,Inc.1 KIT SAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID: 182BBA9F-1001-414B-A644-DA6CC32F61C6 IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON Art Anderson Associates, Inc. Signed by: DocuSigned by: f2t,tA, atAArsesiA, By: BAF460 8,�7�7Bjhee1 e r By: °27�v �c�4 An e rson Print Name: Print Name: Its: Mayor Its: President/CEO Date: 7/29/2024 Date: 7/29/2024 APPROVED AS TO FORM: ATTEST: Signed by: Signed by: By: ititY .t L A. B . Ut,� , ,A" R bbt�t,V' �' ( �' 24 E13 EB-i•E4-SC 41-1- ZAC t3 tS32i1130461... Kylie J. Finne 1, Bremerton City Attorney Angela Hoover, City Clerk Page 8 of 8 Bremerton/[Art Andreson Associates,Inc.] [KITSAP LAKE PARK RENOVATION CONSTRUCTION MANAGEMENT] Rev. 04/2023 Docusign Envelope ID:182BBA9F-1001-414B-A644-DA6CC32F61 C6 July 3, 2024 EXHIBIT A SCOPE OF WORK City ofBremerton KITSAP LAKE PARK RENOVATION PROJECT Owner Rep Services During Construction INTRODUCTION Art Anderson Associates will provide on call owner representative construction management service for the Kitsap Lake Renovation project and work as an extension of City Staff to provide construction management services throughout the construction of the project.A proposed schedule for the work is provided in Exhibit B and our proposed budget is attached as Exhibit A. The following tasks are associated with this SOW: Task 1- Construction Management Support Objective Art Anderson Associates will provide construction management support as requested throughout the construction phase of the project. This work will be performed on a time and materials basis. Work assignments are as follows: Activities The following activities may be associated with this task: • Lead and attend weekly construction meetings • Prepare and draft meeting agendas and meeting notes for the weekly construction meetings • Review changes and provide comment for the preparation work change directive and field orders • Review contractor master schedule • Review contractor schedule of values and payment request. • Verify certified payrolls • Prepare contract working day reports for issuance to the contractor. • Implement and maintain master document control system to track correspondence, shop drawing submittals, RF1's, laboratory and test reports, work directives, and change orders. • Coordinate project close out and punch list with the design team • Coordinate between City, third party testing servicer, and GC the requests for construction testing and results. • Review,monitor, and inspect the work of the construction contractor for progress, workmanship and general conformance with the construction contract documents and permit conditions. • Review and recommend solutions for any construction issues that may develop. • Perform a substantial completion inspection. City of Bremerton Kitsap Lake Park Renovation 2 Project Exhibit A-Scope of Work Docusign Envelope ID:182BBA9F-1001-414B-A644-DA6CC32F61 C6 Deliverables The following deliverables will be prepared: • Work change directives, field orders,pay request reviews and other document as requested by the City • Provide weekly construction agenda meeting notes and documentation required • Maintain master document control system to track correspondence,shop drawing submittals, RFI's, laboratory and test reports,work directives, and change orders. • Maintain electronic files per City's instructions. Assumptions The following assumptions apply to this task: • Art Anderson Associates will provide support on an on-call basis such as needed for negotiating change orders, reviewing construction issue and field changes. • Art Anderson Associates upon request will provide staff for onsite observation which includes tracking pay estimate quantities, coordinating special inspections and testing, and tracking all project changes. • Art Anderson Associates will draft,field orders,change orders,and all pay applications for the City staff to process. PROJECT ASSUMPTIONS AND CONDITIONS • This Scope of Services and associated fee schedule are based on the assumption that Art Anderson Associates will provide construction management services for the above stated project on a time and material basis.The Scope of Services and associated fee schedule is based on a time and materials not to exceed budget(see estimated effort attached). Work beyond that time has not been included in the costs for this Scope of Services and would be considered additional or extra work.If the project is delayed, the Contractor works on unworkable or non-working days, or the project's working days exceed this time, then the effort needed to provide construction services by Art Anderson Associates will need to be increased.The CITY and Art Anderson Associates will work closely to optimize this additional-required level of effort by Art Anderson Associates. • Work under this contract will begin July 2024 and continue through the month of February 2025. • Normal working day and night work hours shall be in accordance (Monday through Friday 8:00 AM-5:00 PM).Saturday, Sunday, and holidays,plus nighttime work may be required at the request of the City and for work performed on those days, reimbursement shall be in accordance with the hourly rates contained within this proposal. • Art Anderson Associates shall not be responsible for the Contractor's construction means,methods, techniques, sequences or procedures, or safety precautions and programs except as otherwise provided in this Scope of Services. Art Anderson Associates shall not be responsible for the Contractor's failure to carry out the work in accordance with the contract documents. Art Anderson Associates will endeavor to identify and guard the City against defects and deficiencies in the work of the Contractor,but it is understood that Art Anderson Associates does not and cannot guarantee the performance of the Contractor. • Art Anderson Associates has prepared this Scope of Services and related cost spreadsheet with the assumption that a competent Contractor is selected by the CITY for the project. City of Bremerton Kitsap Lake Park Renovation 2 Project Exhibit A-Scope of Work Docusign Envelope ID:182BBA9F-1001-414B-A644-DA6CC32F61 C6 EXHIBIT B - SCHEDULE Work Element Completed By Notice to Proceed July 31, 2024 Substantial Completion, 30 days after anticipated March 31, 2025 construction completion City of Bremerton Kitsap Lake Park Renovation Project Exhibit B-Schedule Docusign Envelope ID:182BBA9F-1001-414B-A644-DA6CC32F61 C6 EXHIBIT C-FEE ART ANDERSON ASSOCIATES CM SERVICES HOURLY ESTIMATE FOR KITSAP LAKE PARK RENOVATION PROJECT ESTIMATED 2024 LABOR HOURS STAFF 07/2024 08/2024 09/2024 10/2024 11/2024 12/2024 TOTAL HRS Construction Manager 56 58 58 56 56 56 340 Senior Admin 2 2 2 2 2 2 12 Accountant 2 2 2 2 2 2 12 ESTIMATED 2025 LABOR HOURS STAFF 01/2025 02/2025 TOTAL HRS Manager 56 56 112 Admin 2 2 4 Accountant 2 2 4 Const. Senior Manager Admin Acct. Burdened Rates 2024: $195/hr $74/hr $90/hr Burdened Rates 2025: $195/hr $74/hr $90/hr Reimbursables $516 HOURS Labor 2024 340 12 12 Labor 2025 112 4 4 Cost for Labor $66,300 $888 $1,080 Cost for Labor $21,840 $296 $360 SUM OF TOTAI PRO.IFS:T LABOR $90,764 Reimbursables Direct Expenses and project mileage Estimated Gm 2%of labor• pleas 15% $516 SUM OF DIRECT EXPENSES $91,280 MANAGEMENT RESERVE(written authorization only) 1. ------ii . ACRD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) ‘........--- 07/11/2024 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 Sandy Ward NAME: Brown&Brown of Washington,Inc. PHONE (253)396-5500 FAX (253)396-4500 (A/C,No,Ext): (A/C,No): Agent:Ben Rogers E-MAIL Sandy.Ward@bbrown.com ADDRESS: 2106 Pacific Ave,Ste 501 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma WA 98402 INSURER A: Western National Assurance Company 24465 INSURED INSURER B: Western National Mutual Insurance Company 15377 Art Anderson Associates,Inc. INSURER C: Admiral Insurance Company 24856 830 Pacific Ave,Suite 200 INSURER D: INSURER E: Bremerton WA 98337 INSURER F: COVERAGES CERTIFICATE NUMBER: 23/24 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 50,000 CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 A Y CPP133030100 12/26/2023 12/26/2024 PERSONAL&ADV INJURY $ 0 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) $ B OWNED SCHEDULED CPP132857200 12/26/2023 12/26/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED ie NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) PIP-Basic $ 10,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE UM B 105508300 12/26/2023 12/26/2024 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ WORKERS COMPENSATION STATUTE EER" WA Stop Gap AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? N/A CPP133030100 12/26/2023 12/26/2024 (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 $ , Aggregate Limit $2,000,000 Professional Liability C E0000018730-12 12/26/2023 12/26/2024 Each Claim $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Kitsap Lake Park Renovation City of Bremerton is additional insured per attached. Waiver of subrogation applies per attached. 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 COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended • Bail Bonds Up To $5,000 3 • Loss of Earnings Up To $500/Day 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured—Vendors—As Required By Contract 4 • Blanket Additional Insured—Lessor Of Leased Equipment 6 • Blanket Additional Insured— Managers Or Lessors Of Premises 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivisions Or Political Subdivision —Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised, Videotaped Or Electronic Publication 10 CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft,Auto Or Watercraft "Bodily injury" or"property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage" involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) 'Bodily injury" or"property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage)to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III — LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage" under this provision: (1) $25,000 any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that "occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount, you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions,the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III —LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 3 of 10 COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c.with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d. with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or"volunteer workers" are insureds for"bodily injury" or"personal and advertising injury": (a) To you, to your partners or members(if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for"bodily injury" or"personal and advertising injury" to any co-"employee" or other "volunteer worker" arising out of and in the course of the co-"employee's" or "volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other"volunteer worker", is brought against you or a co-"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or"volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured —Vendors —As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or"property damage" arising out of"your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III—Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 5 of 10 5. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured —Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any "occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor, the following additional exclusions apply: "Bodily injury"or"property damage" arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured —Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or"property damage" included within the "products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision —Permits Or Authorizations Relating To Premises Section II —Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or c. The ownership, maintenance or use of any elevators covered by this insurance. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 8 of 10 However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the"occurrence"which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III —LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of"property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5.above, the most we will pay under Coverage C for all medical expenses because of"bodily injury" sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance(1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Waiver of Subrogation Item 8. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring"suit"or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of the Insurance Service Office, Inc.,with its permission. Page 10 of 10 POLICY NUMBER: 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): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I —Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to ongoing operations at a single des- reduce the Products-completed Operations Ag- ignated construction project shown in the Sched- gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 WNCA800619 BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT The Business Aut Enhancement Edge Endorsement is an op nal endorsement that provides coverage enhancement . The following summary of broadene coverages provide by this endorsement. No coverage is provide by this summary, refe o the following endorsement for changes in your pol cy. SUMMARY OF COVERAGES PAGE ccident I Airbag Deployment Coverage 5 Audio, Visual an Data Electronic Equipment—Limit Amended 5 Aut Loan/Lease Gap Coverage 5 Blanket Additional Insured 3 Blanket Waiver of Subrog on 5 Broadened Definition of Insured includes: • Newly Acquire Organizations for up t 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Whic You Own 50% or More 2 Deductible Waiver for Glass Repair 4 Employee Hire Aut 6 Fel ow Employee Coverage 3 Hire Aut Physical Damage Coverage 3, 6 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses Amended 3 Personal Effect 3 Prim an Noncontribut ry If Require by a Writt n Contract or Writt Agreement 6 Rent I Reimbursement Coverage 4 Supplement ry Payment -Amended: • Bai Bonds up t $5,000 3 • Loss of Earnings up to $500/Day 3 Temporary Substit t Vehicle Physical Damage 2 Towing 3 Transport tion Expense Limit —Amended 3 U entional Failure t Disclose Hazards 6 WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 1 o 6 WNCA800619 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT EDGE ENDORSEMENT This endorsement modifies the insurance provide unde he fol owing: BUSINESS AUTO COVERAGE FORM With respect t the coverage provide by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. The S ONS of the Business Aut Coverage Form identifie in this endorsement wi I be amende as shown elow. SECTION I — COVERED AUTOS COVERAGE e. A ganization wh newly acquire o AMENDMENTS rme by y d over whic you maint in A. Temporary Substitute Vehicle Physical Damage majority ownership. However, coverage under this provision: SECTION I — COVERED AUTOS, C. Certain Trailers, Mobile Equipment An Temporary (1) is afforded only fo he first 180 days aft r Substi ute Autos is amende by adding the you acquire or form the organization or unti fol owing: the en of the policy period, whichever comes first; If a covere "aut " you own is out of service because of it : (2) does not apply t "bodi y injury"or"property damage" that result from an "accident" a. Break n; that occurre befo ou forme or b. Repair; acquire the organization; c. Servicing; (3) does not apply t any newly acquire or d. "Lo , o formed organization that is a joint vent re estruction; or part ership; and the Physical Damage Coverages provided by the (4) does not apply t an "insured" under any Business Aut Coverage Form fo hat sabled other aut m e I abil ty pol cy would be covered "aut " are ext nde t any "aut " you o an "insured" under suc a pol cy but for not own whi e use with the mission of it owner termination of suc pol cy or the exhaustion as a temp y substit t fo he covered "aut " of suc pol cy's limit of insurance. that is out of service. f. Any "employee" of yours is an "insured" whi e using a covere "aut " you on't own re or SECTION II — COVERED AUTOS LIABIL borrow in your usiness or your personal OVERAGE AMENDMENTS affairs. A. Who n Insured g. Any "employee" of yours is an "insured" whi e SECTION II — COVERED AUTOS LIABIL operating a covere "aut " hire or rent d under a contract o reement in the OVERAGE, A. Coverage, 1. Who Is An Insured "employee's"na with permission, w is amende t add: pe rming duties relat d t the conduct of your d. Any lega incorporat d subsidiary of yours in business. whic you own more than 50% of the voting st k on the effective dat of this coverage form. However, "insured" does n nclude any subs ry of yours that is an "insured" under any other aut m e I abi ity pol cy or would be an "ins ed" under suc pol cy but for termination of suc pol cy or the exhaustion on such pol cy's I mits of insurance. WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 2 o 6 B. Blanket Additional Insured S ON III — PHY L DAMAGE COVERAGE SECTION II — COVERED AUTOS LIABIL AMENDMENTS OVERAGE, A. Coverage, 1. Who Is An Insured, A. Towing paragraph c. is amende t add the fol owing: S ON III — P CAL DAMAGE COVERAGE, Any person or organization who is require under a A. Coverage, 2. Towing amende by adding the writt contract or agreement bet een you an that following: person or organization, that is signed an execut d 2. Towing by you before the "bodily injury" or "property damage" occurs an that is in effect during the We wi I pay up t $250 for t ing an labor pol cy period, t be name as an additional insured costs incurred eac time a covered "aut " is is an "insured" for Liability Coverage, but only for disabled. However, the labor must be damages t whic this insurance appl es an only performe at the place of disablement. This to the ext t that persons or organization qual fies $250 I mit is reduce by any ap cable t ing as an "insured" unde he Who Is An Insured I mit shown in the eclarations. provision cant ine in Section I. Regardless of the number of disablement , the C. Liabili y Coverage Extension upplementary maximum amount we wi I pay unde his Payments endorsement for all t ing an labor cost ombined during any one year is $2,500. SECTION II — COVERED AUTOS LIABIL OVERAGE, A. Coverage, 2. Coverage B. Transporta Exp — Limits Amended Extensions, a. Supplementary Payments is SECTION III — PHYSICAL DAMAGE COVERAGE, amende by replacing subparagraphs (2) an (4) A. Coverage, 4. Coverage Extensions, a. with the fol owing: Transportation Expenses is amende by replacing (2) Up t $5,00 cost of bai bonds ncluding $20 per day/$600 maximum I mit with $50 per bonds for relat d traffic law violations) required day/$1000 maximum ause of an "accident" we cover. We do not fired Auto Physical Damage — Loss Of Use have t furnis these bonds. Expenses— Limits Amended (4) All reasonable expenses incurre by the S ON III — P CAL DAMAGE COVERAGE, "insured" at our request, including act al loss of earnings up t $500 a ay because o e off A. Coverage,4. Coverage Extensions, b. Loss of from work. Use Expenses is amende by replacing the $20 per ay/$600 maximum I mit with $50 per ay/$750 D. Fellow Employee Coverage maximum I mit. SECTION II — COVERED AUTOS LIAB TY D. Personal Ef is Coverage COVERAGE, B. Exclusions, 5. Fellow Employee, SECTION III — PHYSICAL DAMAGE COVERAGE, he fol owing ded: A. Coverage, 4. Coverage Extensions is Co-Employee Lawsui Defense Cost amende by adding the fol owing: Reimbursemen c. Personal Effects suit seeking damages for "bodily injury" t any We wi I pay up t $500 for "loss" t personal fel ow "employee"of the"insured"arising out of and effect , whic are: in the course of the fellow "employe " employment or whi a performing duties relat d t ('I) Owne by an "insured"; and the conduct of your usiness, or a suit seeking damages brought by the spouse, chid, parent, (2 on your covere "aut . brother or sist r of that fellow "employee", is This coverage ap es only in the event of the t t I brought against you, we wi I reimburse reasonable theft of your covere "aut . No eductible applies cost that you incur in the efense of such matt rs. t this coverage. Any reimbursement made pursuant t this sub-section wi I be in addition t the limit of I abi ity set forth in the Declarations. WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 3 a 6 E. Glass Repair— Deductible Waiver e Reimbursement SECTION III — P CAL DAMAGE COVERAGE, SECTION III — PHYS DAMAGE COVERAGE A. Coverage, 3. Glass Breakage — Hi ting A Bird A. Coverage, is amende by adding the fol owing Or Animal — Falling Objects Missiles, is ental Reimbursement amende by adding the fol owing: No d ctible wi I apply t glass reakage if such This coverage apples only t a covere "aut " glass is repaire n a manner accept ble t us, of the private passenger or I ght truc type as rather than replaced. follows: a. We wil pay for rent I reimbursement F. Hired Auto Physical Damage xpenses incurre by you fo he rent I of a SECTION III — P CAL DAMAGE COVERAGE, privat passenge ight truc type "aut " A. Coverage is amende by adding the following because of "loss" t a covered privat passenger or I ght truck type "aut ". ire Auto Physical Damage Payment apples in addition t the re "aut s" are covere "aut s" for Liabi ity otherwise applicable amount of each Coverage an if Comprehensive, Sp ied coverage you have on a covered privat Causes of Loss, or Col ision coverages are passenger or I ght truc type "aut No provide under this coverage form for any d ctibles apply t this coverage. "aut " you own, then the Physical Damage b. We wi I pay only fo hose expenses Coverages provide are ext de t "aut s" incurre during the pol cy perio beginning you ire of I ke in an use, subject t the 24 hours aft r the "loss" an ending fol owing: rdless of the pol cy's expiration, with a. The most we wi I pay for any one "loss" is the lesser of the fol owing number of days: $50,000 e act al cas value or cost t (1) The number of days reasonably repair or repla whichever is le minus required t repa replace the a deductible; covere privat passenge ight truck b. The eductible wi I be equal t the largest type "aut ". If"lo is cause by theft, deductible appl cable t any owne "aut " this number of days is added t the fo hat coverage. Any Comprehensive number of days it takes to locat the d ctible does not apply t "loss" caused covere privat passenger or I ght truck by fire or I ght Wing; type "aut " an ret rn it t you; or c. Hire Aut Physical Damag erage is (2) 30 days. excess over any other collectible insurance; c. Our payment is I mit d t the lesser of the and following amount : d. Subject t the above I mit, deductible and (1) Necessa n act al expenses exces ovisions we wil provide coverage incurred, or equal t the broadest coverage appl cable t any re "aut "you own. (2) $50 p ay, up t a maximum of $1,000. If a limit for Hire Aut Physical Damage is indicat d in the Declaratio then that I mit replaces, an is not adde t , the $50,000 it indicat d above WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 4 a 6 d. This coverage oes not apply w there (2) Financial penalties impose under a are spare or resery ivat passenger or lease for excessive use, abnormal wear light truc type "aut " available t you for and tear or igh mileage; your operations. (3) Security deposit not returne by the e. If "lo result from the t t I theft of a lessor; covere "aut " of the privat passenger or light truc type, we wil pay under this (4 t for ext nde warranties, Credit coverage only that amount of your rental Lif nsurance, Health, Accident or reimbursement expenses whic is not D I ty ance purchase with the (read vide for under SECTION III — loan or lease; and PHY L DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. (5) Carry-over alances from previous loans or leases. For the purposes of this Rent I Reimbursement verage, light truck is efine as a uck with a J. Audio, Visual an Data Electronic Equipment — gross ve e weight of 10,000 lbs. or less as Limit Amended define by the manufact rer as the maximum SECTION III - PHYSICAL DAMAGE COVERAGE, loade weight the aut is esigne t carry. C. Lim Insurance, 1.b. is amended by H. Accide Airbag Deployment Coverage replacing the $1000 limit with a $2,500 I mit. SECTION III — P CAL DAMAGE COVERAGE, S ON IV — B ESS AUTO CONDITIONS A. Coverage is amende by adding the following AMENDMENTS ccid Airbag Deployment Coverage A. D In The Event Of Accident, Claim, Suit Or We wi I pay t reset or replace fact ry inst lied Loss Amended airba ) n any covere "aut " for accidenta SECTION IV — BUSINESS AUTO CO IONS, charge, other than discharge due t a A. Loss Condi ions, 2. D In The Event Of col ision loss. Accident, Claim, Suit Or Loss, a. is amende by This coverage is appl cable on f adding the following: comprehensive coverage applies t the covered This condition apples only when the "accident" or • oss" is nown t : This coverage is excess over any other col ectible insurance or reimbursement by (1) You, if you are an in dual; manufact rer's warranty. (2) A part er, if you are a part ership; I. Auto Loan/Lease Gap Coverage (3) An executive officer or insurance manager, if you are a corporation SECTION III PHYSICAL DAMAGE COVERAGE, Item A., Coverage, is amended by adding the 4) A member or manager, if you are a I mit d fol owing I abi ity compan uto Loan/Lease Gap Coverage B this section oes not amen the provisions relating t notification of pol ce, prot ction or This coverage apples only t a covere "aut " examination of the property whic was subject t describe or esignat d in the Schedule or in the "lo the Declarations as inc ng physical damage coverage. B. Blanket Waiver o Subrogation In the event of a covere t t I "lo t a Section IV — BUSINESS AUTO C TIONS, A. covere "aut " describe or esignat d in the Loss Condi ions, 5. Transfer o Rights of Sch le or in the Declarations, we will pay any Recovery Aga Others to Us, is amended by unpaid amount due on the lease or loan for a adding the following p n: covere "aut " less: However, we waive any right of recovery we may a. The amount paid unde he Physical have against any person or organization t the Damage Coverage S on on the policy; ext nt require of you y a writt n contract signed and an execut d prio o any "accident" or "loss", b. Any: provide that the "accident" or "loss" arises out of operations cont plat d by such contract. Th (1) Overdue lease/loan payment at the er apples only t the person or organization time of the"lo ; designated in suc contract. WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 5 a 6 C. Uninten al Failure to Disclose Hazards E. Primary an Noncontributory If Require By SECTION IV — B ESS AUTO CONDIT Wri ten Contract or Written Agreement B. General Conditions, 2. Concealment, SECTION IV — BUSINESS AUTO CO IONS, Misrepresenta Or Frau s amende by B. General Conditions,5. Other Insurance c the adding the fol owing paragraph: following de an supersedes any provision t If you unint ntiona fail t disclose any hazards the contrary: existing e incep n dat of the pol cy, or during This Coverage Form's Covered Aut s Liabi ity the pol cy perio in connection with any additional Coverage is primary t an wi I not seek hazards, we wi I not deny coverage under this contribution from any other insurance available t Coverage Pa because of suc fai ure. n "insured" under your pol cy provide that: D. Employee Hire Auto (1) Suc nsured" is a Name Insure under such SECTION IV — B ESS AUTO CONDIT other insurance; and B. General Conditions, 5. Other Insurance, (2) You ave agree in writing contract or paragraph b. is delet d and replace y the agreement that this insurance would be primary fol owing: an would not seek contribution from any other b. F ire Aut Physical Damage Coverage, the insurance available to suc nsured". fol owing are deeme t be a covered "aut " you o (1) Any covere "aut "you lease re, rent or borrow. (2) Any covere "aut " hire or rent d by your "employee" under a contract in that individual "employee's" name, with your permission, w pe rming duties related t the conduct of your b ss. However, any "aut " that is leased, hired, rent d or orrowed with a river is not a covered "auto". WN CA 80 06 19 Includes co yrighted materia of Insurance Services Office, Inc , with its permiss on Page 6 a 6 COMMERCIAL AUTO WN CA 44 06 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following condition is added: If we cancel this policy, for any reason other than nonpayment of premium, we will mail advance notice to the person(s) or organization(s) shown in the Schedule in accordance with the Cancellation and Nonrenewal provisions of the policy and any applicable endorsements. SCHEDULE Person or Organization (Name and Address) WN CA 44 06 16 Page 1 of 1 COMMERCIAL GENERAL LIABILITY WNGL1390618 THIS ENDORSEM ENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - CONTRACTORS - OPERATIONS AND COMPLETED OPERATIONS - WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Additional Insured—Operations (2) That portion of "your work" out of which A. Section II —Who Is An Insured is amended the injury or damage arises has been put to include as an additional insured: ganization other than another contractor to its intended use by any person or or- (1) Any person or organization for whom you are performing operations when you and or subcontractor engaged in performing operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that such person or organization be added as 2. Additional Insured —Completed Operations an additional insured on your policy; and A. Section II —Who Is An Insured is amended (2) Any other person or organization you are to include as an additional insured: required to add as an additional insured (1) Any person or organization for whom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed Such person(s) or organization(s) is an add- in writing in a contract or agreement that tional insured only with respect to liability for such person or organization be added as "bodily injury", "property damage" or "per- an additional insured on your policy; and sonal and advertising injury" caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured a. Your acts or omissions; or under the contract or agreement de- b. The acts or omissions of those acting on scribed in Paragraph 1. above. your behalf; Such person(s) or organization(s) is an addi- in the performance of your ongoing opera- tional insured only with respect to liability for tions for the additional insured. "bodily injury", "property damage" or "per- sonal and advertising injury"caused, in whole B. With respect to Additional Insured - Opera- or in part, by: tions, coverage is limited as follows: a. Your acts or omissions; or This insurance does not apply to "bodily in- b. The acts or omissions of those acting on jury" or"property damage" occurring after: your behalf; (1) All work, including materials, parts or and included in the "products-completed op- equipment furnished in connection with erations hazard". such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 139 06 18 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. With respect to Additional Insured — Corn- D. With respect to the insurance afforded to pleted Operations, coverage is limited as fol- these additional insureds, the following is lows: added to Section III—Limits Of Insurance: (1) A person or organization's status as an in- If coverage provided to the additional insured sured under Additional Insured — Com- is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con- insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or insured does not apply to "bodily injury", (2) The Limits of Insurance shown in the Dec- "property damage" or "personal and ad- larations; vertising injury" arising out of"your work" for which a consolidated (wrap-up) insur- whichever is less. ance program has been provided by the This endorsement shall not increase the ap- prime contractor-project manager or plicable Limits of Insurance shown in the Dec- owner of the construction project in which larations. you are involved. E. With respect to the insurance afforded to 3. Primary and Noncontributory these additional insureds, the following addi- The following is added to the Other Insurance tional exclusion applies: Condition and supersedes any provision to the This insurance does not apply to: contrary: "Bodily injury", "property damage" or "per- Primary And Noncontributory Insurance sonal and advertising injury"arising out of the This insurance is primary to and will not seek con- rendering of, or the failure to render, any pro- tribution from any other insurance available to an fessional architectural, engineering or su vey- additional insured under your policy provided that: ng services, including: (1) The additional insured is a Named Insured un- (1) The preparing, approving, or failing to der such other insurance; and prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. 4. Other Provisions Applicable to Additional In- This exclusion applies even if the claims sured — Operations and Additional Insured — against an additional insured allege negli- Completed Operations gence or other wrongdoing in the supervision, hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- others by that insured, if the "occurrence" tion (Endorsement CG 24 26) does not apply which caused the "bodily injury" or "property to an additional insured. damage", or the offense which caused the B. The coverage provided under Paragraph f. of "personal and advertising injury", involved the the definition of"insured contract" under Sec- rendering of or failure to render any profes- tion V—Definitions does not apply to an ad- sional services by you with respect to your ditional insured under this endorsement un- providing engineering, architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL GENERAL LIABILITY WN GL 69 12 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following condition is added: If we cancel this policy, for any reason other than nonpayment of premium, we will mail advance notice to the person(s) or organization(s) as shown in the Schedule in accordance with the Cancellation and Nonrenewal conditions of the policy and any applicable endorsements. SCHEDULE Person or Organization (Name and Address) WN GL 69 12 10 Page 1 of 1