Loading...
HomeMy WebLinkAboutCAG2024-542 - Original - DB General Contractors, Inc. - Off Duty - 12/3/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Dir/ ep Dep 400 : � For Approvals,Signatures and Records Management �IIZENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. Originator: Department: M. Schanbacher Police Date Sent: Date Required: > 12/03/2024 12/3/24 0 `' Authorized to Sign: Date of Council Approval: a aODirector or Designee Budget Account Number: Grant?❑Yes ONo Budget?❑Ye5❑No Type: N/A Vendor Name: Category: DB General Contractors Inc. Contract Vendor Number: ISub-Category: Original C 0 oProject Name: Off Duty oProject Details: Flagging/Traffic Control J. C Basis for Selection of Contractor: Direct Negotiation Agreement Amount: $120 Per Hour "Memo to Mayor must beattached g Start Date: 11/26/24 Termination Date: 12/7/24 a Local Business?OYes❑No* Ifineets requirements per KCC3.70.100,please complete"VendorPurchase-Locol Exceptions"form onCityspace. Business License Verification:❑Yes❑In-Process❑Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number. DesONo CAG2024-542 Comments: Ip1 C 7 3 � •� L C >01 'v1 Date Routed to the City Clerk's Office: 12/4/24 adaW22771_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 400� KENT POLICE SERVICES AGREEMENT w A'SHINOTON THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter "Kent"), and DB General Contractors Inc. , organized under the laws of the State of Washington, located and doing business at 18026 72nd Ave. S., Kent, WA. 98932 (hereinafter the "Contractor"). I. TERM "AGREEMENT" FURTHER DEFINED — INCORPORATION OF ATTACHMENTS AND INSURANCE EXHIBIT. The term "Agreement" as used throughout this document shall mean this document, and any and all Scope of Services Attachments (hereinafter "Attachments") which describe the scope of services to be performed. The Attachments are hereby incorporated into this Agreement by this reference. It is recognized that the Contractor may request police services on several occasions, and therefore, while this main Agreement will only be signed one time, there may be multiple Attachments to this Agreement. This Agreement shall be enforceable with regard to each instance of work performed pursuant to each Attachment. In the event of a conflict between the terms of this Agreement and any Attachment, the terms of this Agreement shall prevail. The Insurance exhibit as required by Section IX of this Agreement shall also be incorporated into this Agreement as if set forth herein in full. II. SCOPE OF SERVICES. Contractor desires to utilize the services of a commissioned Kent police officer who will be dedicated to performing the services described in the Attachment(s) to this Agreement. Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. III. COST OF SERVICES AND PAYMENT A. Hourly Rate. Contractor shall pay to the Kent Police Department a sum for each hour of worked performed by a commissioned police officer. The Chief of Police or his or her designee shall have the authority to determine the hourly rate that will be specified in the Attachment. B. Four Hour Minimum Payment Requirement. There shall be a four (4) hour minimum payment required for each instance that a police officer performs services under this Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) police officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four (4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) police officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. C. Holiday Shifts and Shifts in Excess of Ten Hours. Shifts performed on holidays shall be subject to an increased hourly rate that will be specified in the Attachment. Shifts that POLICE SERVICES AGREEMENT - 1 (Form Version: 1/2016) last in excess of ten (10) hours will be subject to a higher hourly rate for all work performed in excess of ten (10) hours. The hourly rate for work performed in excess of ten (10) hours may not be specified in the Attachment, but will be approximately at a rate of one and one-half (1.5) times the regular hourly rate charged on that day. The Contractor will be billed and shall pay the rate for work over ten (10) hours even if not specified in the Attachment. D. Method and Time of Payment. Kent shall, within a reasonable time, submit a bill to Contractor for amounts owing for services performed. Contractor shall, within fourteen (14) calendar days of receipt of such bill, pay the amount owing to Kent. All payments shall be made to the "City of Kent" and shall be delivered to: City of Kent Attn: Customer Services 220 Fourth Avenue South Kent, WA 98032 E. Late Payment Penalties. If Contractor fails or neglects to pay any invoice within thirty (30) calendar days from the date shown on the invoice as the "invoice date," a service charge of one percent (111%) of the amount of the unpaid balance on the account or two dollars ($2.00), whichever sum is greater, will be imposed one (1) month from the date payment was due, and at the end of each succeeding monthly period, until all past due amounts are paid in full. Any invoice or service charge due under this Agreement and unpaid shall constitute a debt owed to Kent. Kent may, pursuant to Chapter 3.10 of the Kent City Code and Chapter 19.16 of the Revised Code of Washington, use a collection agency to collect outstanding debts, or it may seek collection by court proceedings, which remedies shall be in addition to all other remedies. At the discretion of the Chief of Police or his or her designee, services may not be provided to Contractors who have delinquent payments. IV. EMERGENCY INTERRUPTIONS IN SERVICE. Police officers performing services called for in this Agreement shall at all times be subject to the rules, regulations, and policies of Kent and its Police Department, and shall be required to follow the orders of supervisors and command staff. Contractor understands that police officers performing services pursuant to this Agreement may, from time to time, be required to perform traditional police duties for the benefit of the greater public. Therefore, from time to time, police officers performing services for Contractor may be required to respond to emergencies and abandon the services being called for under this Agreement. In the event of this occurrence, Contractor shall not be relieved of providing full payment; provided, that in the event the interruption lasts longer that one half of one hour (i.e., more than thirty (30) continuous minutes), Kent and Contractor will agree to an amount of a reduction in the costs of services to account for the police officer's time not performing services under this Agreement. V. INDEMNIFICATION. A. General. Contractor shall defend, indemnify, and hold Kent, 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 Kent's performance of this Agreement, except for that portion of the Injuries and damages caused by the sole negligence of Kent or its officers or employees. POLICE SERVICES AGREEMENT - 2 (Form Verslon: 1/2016) IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. B. Indemnification and the Public Duty Doctrine. Contractor understands that, pursuant to the legal doctrine in Washington called the "public duty doctrine," Kent, its Police Department, and its officers and employees of the Kent Police Department, owe a general duty to the public and not a specific duty of protection or care to the Contractor. Contractor understands that by entering into this Agreement, the Police Department's and the police officer's duties remain to the public in general, and neither Kent, its Police Department, nor any of its officers or employees have a specific duty of protection or care to the Contractor, its employees, subcontractors, and agents, or any of its guests, or other people on the premises of the Contractor. Moreover, neither Kent, its Police Department, nor any officer or employee of Kent guarantees, in any way, the safety of any person or property as a result of the work performed under this Agreement. In the event: of injury to any person or property, Contractor shall not assert that Kent, its Police Department, or its police officer owed any special duty to protect persons or property or provide care for such persons or property or had any special relationship with the owner or any other person to protect persons or property. This Agreement shall in no way create a duty for Kent, its Police Department, or any of its officers or employees where none previously existed. In the event Kent is sued, and a court determines that the public duty doctrine does not apply, or an exception to the public duty doctrine exists with relation to an injury to the person or property of any employee, subcontractor, guest, or other person on the premises of Contractor, Contractor shall specifically indemnify, hold harmless, and defend Kent, its Police Department, and each and every officer and employee thereof to the full extent permitted by law. C. Survival. The provisions of this Section V shall survive the expiration or termination of this Agreement and the obligations contained therein will continue to apply beyond the provision of services called for in any Attachment. VI. PARTIES ARE INDEPENDENT. The parties agree that neither shall be considered an employee or agent of the other. VII. TERMINATION, ALTERATION, OR RESCHEDULING. In the event Kent is unable to obtain the services of a Kent Police Officer to perform the services called for in the Agreement, Kent will contact Contractor, and advise Contractor that Kent is unable to perform the services called for herein. Notice by way of telephone, email, writing, or in-person shall be adequate notice of such cancellation of services, and Kent shall not be liable for the cost of Contractor obtaining replacement services. In the event Contractor must cancel, alter, or reschedule the services called for by this Agreement, Contractor must provide at least ten and one-half (10.5) hours advance notice to the Police Department by contacting its on-duty sergeant line at (253) 856-5840. A failure to cancel, alter, or reschedule at least ten and one:-half (10.5) hours before the services are called for shall result in the Contractor paying the minimum four (4) hours of service provided for in Section III.B. above, regardless of whether such services are provided at a later or rescheduled date and time. VIII. CONTRACTOR SHALL ABIDE BY LAWS AND SHALL NOT DISCRIMINATE. At all times during Kent's performance of this Agreement, Contractor shall abide by all laws and POLICE SERVICES AGREEMENT - 3 (Form Version: 1/2016) regulations applicable to Contractor's business. Moreover, Contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person in violation of any laws of the State of Washington or the United States. IX. INSURANCE. Contractor shall at all times during Kent's performance of the services called for in this Agreement procure and maintain insurance of the types and in the amounts described in Exhibit A attached and incorporated by this reference. X. CONTRACTOR'S BUSINESS PERFORMED AT ITS OWN RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, guests, and all persons on Contractor's property and invitees at all times when a police officer is performing services pursuant to this Agreement. XI. MISCELLANEOUS PROVISIONS. A. Non-Waiver of Breach. The failure of Kent to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements, or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference, or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall only be by filing suit exclusively under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Kent's right to indemnification under Section V.B. of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of Kent and Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits or Attachments attached hereto or referenced herein, shall supersede all prior POLICE SERVICES AGREEMENT - 4 (Form Verslon: 1/2016) verbal statements of any officer or other representative of Kent, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits or Attachments to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. Further, the representative signing this Agreement on behalf of Contractor swears and affirms that he or she is authorized to enter into this Agreement on behalf of Contractor and that action is binding on the Contractor. G. Compliance with Laws. Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONTRACTOR: KENT: By: , By: (signature) (signature) Print Nance: Jake Hatfield Print Name: Rafael Padilla- Its General Mang er Its _ Police Chief (title)DATE: DATE: 1e7- d.?- o� NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONTRACTOR: CITY OF KENT: Attn Sgt. Mike 5chanbacher Office On- Site Mac McCormick Ken Breyer City of Kent Project Manager Superintendent 220 Fourth Avenue South Kent, WA 98032 ` 253-359-0769(telephone)206-851-4547 253.736-2981(facsimile) N/A (253) 856- 5841 (telephone) macm@db-gc.com kenb@db-gc.co 1(253) 856-6802 (facsimile) PACI,IRFk,%0pe.FI In%I 3S9-P.II,,0ff-D.Iy0,dI—W.II,Mn.ln Servin.Agreement for WDuty Wo,k d— POLICE SERVICES AGREEMENT - 5 (Form Version: 1/2016) KE 0 T SCOPE OF SERVICES ATTACHMENT NA,,,I„fltoo, To Police Services Agreement This Scope of Services Attachment shall be incorporated into the Police Services Agreement signed by Jake Hatfield - (hereinafter"Contractor") on I. DESCRIPTION OF SERVICES. Contractor requests the services of a commissioned police officer who will be dedicated to performing the following services (check box that applies): ® Flagging/Traffic Control ❑ Security for Entertainment Venue or Event ❑ Security for Retail Establishment ❑ Guarding of Property, Buildings, Possessions, or Equipment ❑ Other Police officers shall only be permitted to provide police-related services during the performance of the work called for herein, and Contractor shall not ask or solicit such police officers to perform work that is not police-related. II. HOURLY RATE & NUMBER OF OFFICERS REQUIRED. The work called for herein shall be paid by Cont;'actor at the following hourly rates and the Contractor requests the following number of officers: ® Extra-Duty Work: Officer Up to $120 per hour.* 1 Number of Officers Required: ❑ Extra-Duty Work: Supervisor Up to $144 per hour.* Number of Supervisors Required: * Note: Hourly rates are quoted "up to" a specified amount. Officers are paid different rates based on factors such as time in service, assignment, education, etc. The rate quoted is the maximum rate that will be billed subject to overtime or holiday rates specified below. Contractor's rate may be lower. A. Four Hour Minimum. There shall be a four(4) hour minimum payment required for each instance that a police officer performs services under the Agreement. Therefore, Contractor shall be required to pay to Kent the greater sum of four (4) hours of work or the actual number of hours worked during each instance that a police officer performs services. For example, if Contractor needs two (2) officers to work on the same day and at the same time for two (2) hours of work each, Contractor will be required to pay Kent for four(4) hours for each police officer, for a total of eight (8) hours. If Contractor needs two (2) officers for six (6) hours each, Contractor shall pay for six (6) hours for each police officer for a total of twelve (12) hours. SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 1 of 2 (Form Verslon: 12/2017 B. Overtime Rate. Contractor shall be required to pay the rate of one and one half (1.5) times the rate specified above for any time worked by a police officer in excess of ten (10) hours in a shift. Therefore, if a police officer works ten (10) hours, he or she shall be paid at the rate specified above. If the officer works twelve (12) hours, he or she shall be paid at the rate specified above for the first ten (10) hours, and at a rate of one and one half (1.5) times the rate specified above for the remaining two (2) hours. C. tfofidaZ Rat . The following holidays are observed by Kent police officers: New Year's Day, Martin Luther King Day, President's Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, and Christmas. Except as otherwise provided in this section, all hours worked during an observed holiday, or during 15:00 hours to 23:59 hours on Christmas Eve or New Year's Eve, will be billed at one and a half (1.5) times the rate specified above. All hours worked on Thanksgiving Day or Christmas Day will be billed at a rate of two (2.0) times the rate specified above. D Contractor's Termination Alteration, or Reschedulina of Services. Cancellation, alteration, or rescheduling of police officer services by the Contractor for a specific date must be made at least ten and a one-half(10.5) hours prior to the scheduled start time for that date. If Contractor fails to provide ten and one-half(10.5) hours advance notice from the scheduled start time, Contractor will be billed for a minimum payment of four (4) hours per officer scheduled for that date in accordance with Section II.A. above. Cancellation, alteration, or rescheduling notification can be made by phone or email. III. LOCATION OF SERVICES. The services called for herein shall be performed at the following location: Officer pasted to control traffic during utility work crossing 84th Ave S. Site ad Tess is 21701 84th Ave . , Kent WA A police officer will arrive at the above location on the date and time specified below. IV. DATE AND TIME FOR SERVICES. Contractor requests a Kent police officer provide services from am/pm to am/pm: ,20 _thru _ _, 20_• Please see attached schedule document By signing below, I understand that I am entering a contract to hire police officers to perform the work described above, I agree to the terms of this Scope of Services Attachment and all of the terms contained within the Police Services Agreement referenced herein, and finally if I am signing this Scope of Services Attachment on behalf of an organization, I swear and affirm that I am authorized to do so on behalf of the or anization and that action is binding on the Contractor. Ia-.�- a Signature Date Print Name Approved by: Jake Hatfield Address DB General Contractors Inc. Kent P llce Department Date SCOPE OF SERVICES ATTACHMENT TO POLICE SERVICES AGREEMENT Page 2 of 2 (Form version: 12/2017) ip Task Task Name Duration start Finish Prey Mode h 1 no! Phase 1 3 days Thu 12/5/24 Sat12/7/24 2 Police Presence-Traffic control -6 AM -4PM Lanes 1 and 2 3 days Thu 12/5/24 Sat 12/7/24 3 Phase 2 0 days Tue 11/26/24 Tue 11/26/24 4 IN Police Presence-Traffic control-6 AM -4PM Lanes 3 and 4 0 days Tue 11/26/24 Tue 11/26/24 5 R} Phase 3 6 A Police Presence-Traffic control-6 AM -4PM Lanes 5 and 6 7 Phase 4 0 days Tue 11/26/24 Tue 11/26/24 8 Police Presence-Traffic control-6 AM -4PM Lanes?and ? 9 Phase 5 0 days Tue 11/26/24 Tue 11/26/24 10 Police Presence-Traffic control-6 AM -4PM Lanes?and ? 11 Phase 6 0 days Tue 11/26/24 Tue 11/26/24 12 Police Presence-Traffic control-6 AM-4PM Lanes?and ? Task Inactive Summary External Tasks — Split Manual Task 1 'u External Milestone Project: Police Schedule Milestone I& Duration-only Deadline Date:Tue 11/26/24 Summary Manual Summary Rollup Progress Project Summary Manual Summary I Manual Progress Inactive Task Start-only L Inactive Milestone Finish-only 7 i Page 1 .---"4 N DATE(MM/DD/YYYY) c��2o CERTIFICATE OF LIABILITY INSURANCE 11/22/2024 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(les) 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), caNrgcr PRODUCER NAME: Charles Und@fhill _ Arthur J.Gallagher Risk Management Services, LLC PHONE 425-586-1045 FAx nog__- 777 108th Ave NE (A/c,IL EMAIL #200 ADDREss: thanes Unde�rhl �ICIDVE�: Bellevue WA 98004 INSU HueINsuRER A:Cincinnati In 10677 INSURED DBGENER-02 INSURER B: DB General Contractors, Inc. INSURERC: 18026 72nd Ave.South Kent WA 98032 INSURER D I INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:158192399 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. _ IHBR ADDL SVBR POLICY EfF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICYNUMBER fmWDD (MMfDDffyyyl A X COMMERCIAL GENERAL LIABILITY Y Y EPP 066 63 33 9/28/2024 9/28/2025 EACH OCCURRENCE $1,000,000 -GE TO'REIM CLAIMS-MADE �OCCUR P_RE, MI8ES tFe $�00,000 MEDEXP one n $5;000 PERSONAL 8 ADV INJURY $1,GD0,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE I S2,000.000 POLICY1�1. 1:1 LOC PRODUCT'S.COMP/OP AGG $2 000,000 OTHER: C ZWSINEO SINGLE LIM A AUTOMOBILE LIABILITY Y Y EBA 066 63 33 9/28/2024 9/28/2025 �aodd�rt $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS PROPERTY DAMAGE . X HIRED �( NON-OWNED rB(>E_dent $ AUTOS ONLY AUTOS ONLY A X UMBRELLA LU1B X OCCUR EPP O66 63 33 9/28/2024 9/28/2025 EACH OCCURRENCE $5,000,DW EXCESS LIAB OCCUR ylApg AG¢RECiATE $5;000,000 $ DED RETENTION$ A WORKERS COMPENSATION EPP 066 63 33 9/28/2024 9/28/2025 ; X WA Stp p9 AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETORIPAFtTNERlEXECUTNE EL,EACH ACCIDENT $1,000,OOD N OFFICERIMEMHEREXCLUDED? IA (Mandatory in NH) EJ..DISEASE-EA EMPLOYEE S 1,t]00,000 IF yes,describe under E.I..DISEASE-POLICY LIMIT $1.000,1500 DESCRIPTION OF OPERATIONS halo. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHiCL6S(ACORD 101,Additional Ramerfls Schedule,may be alto ched If more apace 3e required) The certlfecate holder is named as an addltionaI Insured per the attached,but only in respects to the operations of the Named Insured. RE:Project#23110 1 Project Name:Grace Hopper Warehouse Facility Renovation,21719 84th Ave S Kent,WA 98032 Blue Origin LLC and City of Kent are included as additional insureds on General Liability and Auto Liability Policies as required by written contract.Coverage is primary and noncontributory.Walver of subrogation applies in favor of additional Insureds on General Liability and Auto Liability pol Ides as required by written contract.The Producer wEli endeavor to mall 30 days written notice to the Certificate Holder named on the certificate if any policy listed on the certificate Is cancelled prior to the expiration date.Failure to do so shall impose no obligation Or liability of any kind upon the Producer or otherwise alter the policy terms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Blue Origin LLC 21218 76th Ave S AUTHORIZED REPRESENTATIVE Kent,WA 98032 �- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................2 2. Unintentional Failure To Disclose Hazards.............,,.................................................... .........8 3. Damage To Premises Rented To You....................:.......................---......................................8 4. Supplementary Payments............................ ............. ....................................................... 10 5. Medical Payments.....................................___................................................................,...... 10 6. 180 Day Coverage For Newly Formed Or Acquired Organizations.... 10 7. Waiver Of Subrogation..............................................................................-........................... 10 8. Automatic Additional Insured -Specified Relationships: ................... .......•••••.••. 10 (a) Managers Or lessors Of Premises (b) Lessor Of Leased Equipment (c) Vendors (d) State Or Governmental Agency Or Subdivision Or Political Subdivision- Permits Or Authorizations Relating To Premises (e) Mortgagee,Assignee Or Receiver 9. Property Damage To Borrowed Equipment.........................................................................13 10. Employees As Insureds -Specified Health Care Services And Good Samaritan Services................................................................................................................................... 14 11. Broadened Notice Of Occurrence......................... ....... ......................................................14 12. Nonowned Aircraft.................................................................................................................14 13. Bodily Injury Redefined..........................................................................................................15 14. Expected Or Intended Injury Redefined...................................... ..................---...................15 15. Former Employees As insureds............................................................................................15 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage......................................................__.............. ........__......___.......... ................15 17. Broadened Contractual Liability-Work Within 50' Of Railroad Property ... .. ..17 18. Alienated Premises................................................................ ............ ............................ 17 B. Limits Of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage To Premises Rented To You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail Bonds: $2,500 b. Loss Of Earnings:$ 500 Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc.,with its permission. Page 1 of 17 5. Medical Payments Medical Expense Limit:$10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated$ Deductible Amount(Each Occurrence) Voluntary Property Damage Coverage:$250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated$ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM $ C. Coverages 1) The amount we will pay for damages is limited 1. Employee Benefit Liability Coverage as described in C. Cov- a. The following is added to Section I - erages, 1. Employee Coverages: Benefit Liability Cover- age, c. Limits Of Insur- EMPLOYEE BENEFIT LIABILITY ance of this endorse- COVERAGE ment; and (1) Insuring Agreement 2) Our right and duty to defend ends when we (a) We will pay those sums that have used up the appli- the insured becomes legally cable limit of insurance obligated to pay as damag- in the payment of judg- es caused by any act, error ments or settlements. or omission of the insured, or of any other person for No other obligation or liabil- whose acts the insured is ity to pay sums or perform legally liable, to which this acts or services is covered insurance applies. We will unless explicitly provided for have the right and duty to under Supplementary Pay- defend the insured against ments. any "suit' seeking those damages. However, we will (b) This insurance applies to have no duty to defend damages only if the act, er- „ ror or omission is negligently against any suit seeking committed in the "admin- damages to which this in- istration" of your "employee surance does not apply. We may, at our discretion, in- benefit program"; and vestigate any report of an 1) Occurs during the policy act, error or omission and period; or settle any claim or"suit'that may result. But: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the fraudulent, criminal or mali- "first effective date" of cious act, error or omission, this endorsement pro- committed by any insured, vided: including the willful or reck- less violation of any statute. a) You did not have knowledge of a (c) Failure To Perform A Con- claim or"suit'on or tract before the "first ef- Damages arising out of fail- fective date of this endorsement. ure of performance of con- tract by any insurer. You will be (d) Insufficiency Of Funds deemed to have knowledge of a Damages arising out of an claim or "suit" insufficiency of funds to when any insured meet any obligations under listed under C. any plan included in the Coverages, 1. "employee benefit program". Employee Benefit Liability Coverage, (e) Inadequacy Of Perfor- b. Who Is An In- mance Of Invest- sured, (1) of this ment/Advice Given With endorsement or Respect To Participation any "employee" Any claim based upon: authorized by you to give or receive 1) Failure of any invest- notice of a claim or ment to perform; "suit': 2) Errors in providing in- i) Reports all, or formation on past per- any part, of the formance of investment act, error or vehicles;or omission to us or any other 3) Advice given to any insurer; person with respect to that person's decision to ii) Receives a participate or not to par- written or ver- ticipate in any plan in- bal demand or cluded in the "employee claim for dam- benefit program". ages because of the act, er- (f) Workers' Compensation ror or omis- And Similar Laws sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ante. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or This insurance does not apply to: disability benefits law or any similar law. (a) Bodily Injury, Property (g) ERISA Damage Or Personal And Advertising Injury Damages for which any in- Bodily injury„, property sured is liable because of li- damage" or "personal and ability imposed on a fiduci- advertising injury'. ary by the Employee Re- tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or Criminal Or Malicious Act hereafter amended, or by any similar federal, state or Damages arising out of any local laws. intentional, dishonest, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 3 of 17 (h) Available Benefits (a) An individual, you and your spouse are insureds, but on- Any claim for benefits to the ly with respect to the con- extent that such benefits are dud of a business of which available, with reasonable you are the sole owner. effort and cooperation of the insured, from the applicable (b) A partnership or joint ven- funds accrued or other col- ture, you are an insured. lectible insurance. Your members, your part- ners, and their spouses are (i) Taxes, Fines Or Penalties also insureds but only with Taxes,fines or penalties, in- respect to the conduct of cluding those imposed un- your business. der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, (j) Employment-Related Prac- but only with respect to the tires conduct of your business. Your managers are in- Any liability arising out of sureds, but only with respect any: to their duties as your man- agers. 1) Refusal to employ; (d) An organization other than a 2) Termination of employ- partnership, joint venture or ment; limited liability company, you are an insured.Your"execu- 3) Coercion, demotion, tive officers" and directors evaluation, reassign- are insureds, but only with ment, discipline, defa- respect to their duties as mation, harassment, your officers or directors. humiliation, discnmina- Your stockholders are also tion or other employ- insureds, but only with re- ment-related practices, speck to their liability as acts or omissions; or stockholders. 4) Consequential liability (e) A trust, you are an insured. as a result of 1),2)or 3) Your trustees are also in- above. sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program'; jury. (b) Any persons, organizations (3) Supplementary Payments or"employees" having prop- Section 1 - Supplementary Pay- er temporary authorization ments- Coverages A and B also to administer your employ- apply to this Coverage, however ee benefit program if you 1.b.and 2.of the Supplementary die, but only until your legal Payments provision do not apply. representative is appointed; or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II -Who Is An spect to duties as such.That Insured is replaced by the following: representative will have all your rights and duties under (1) If you are designated in the Dec- this Coverage Part. larations as: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc.,with its permission, Page 4 of 17 (3) Any organization you newly ac- dorsement is the most we will quire or form, other than a part- pay for all damages sustained by nership, joint venture or limited any one "employee", including liability company, and over which damages sustained by such you maintain ownership or major- "employee's" dependents and ity interest, will qualify as a beneficiaries,as a result of: Named Insured if no other similar (a) An act, error or omission; or insurance applies to that organi- zation. However, coverage under (b) A series of related ads, er- this provision: rors or omissions, regard- (a) Is afforded only until the less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- (b) Does not apply to any act, ee benefit program". error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits OF Insurance to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program." ity Coverage, Section Ili - Limits Of (4) Deductible Amount Insurance is replaced by the follow- ing: (a) Our obligation to pay dam- (1) The Limits of Insurance shown in ages on behalf of the in- Section B. Limits Of Insurance, sured applies only to the 1. Employee Benefit Liability amount of damages in ex- Coverage of this endorsement cess of the Deductible and the rules below fix the most Amount shown in Section B. we will pay regardless of the Limits Of Insurance, 1. Em- number of ployee Benefit Liability Cov- erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (b) Claims made or "suits" ance shall not be reduced brought; by the amount of this de- (c) Persons or organizations ductible. making claims or bringing (b) The Deducible Amount "suits"; shown in Section B. Limits (d) Acts,errors or omissions;or Of Insurance, 1. Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by any one "employee", includ- (2) The Aggregate Limit shown in ing such "employee's" de- Section B. Limits Of Insurance, pendents and beneficiaries, 1. Employee Benefit Liability because of all acts, errors or Coverage of this endorsement is omissions to which this in- the most we will pay for all dam- surance applies. ages because of acts, errors or omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 5 of 17 2) Your duties, and the du- You must see to it that ties of any other in- we receive written no- volved insured, in the tice of the claim or"suit' event of an act, error or as soon as practicable. omission,or claim; C. You and any other in- apply irrespective of the ap- volved insured must: plication of the Deductible (1) Immediately send Amount. us copies of any (d) We may pay any part or all demands, notices, of the Deductible Amount to summonses or le- effect settlement of any gal papers re- claim or"suit' and, upon no- ceived in conneo- tification of the action taken, tion with the claim you shall promptly reim- or"suit; burse us for such part of the (2) Authorize us to ob- Deductible Amount as we tain records and have paid. other information; d. Additional Conditions (3) Cooperate with us As respects Employee Benefit Liabil- in the investigation ity Coverage, Section IV - Commer- or settlement of the cial General Liability Conditions is claim or defense amended as follows: against the "suit"; and (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or (4) Assist us, upon our Suit is replaced by the following: request, in the en- forcement of any 2. Duties In The Event Of An right against any Act, Error, Omission, person or organi- Claim Or Suit zation which may a. You must see to it that be liable to the in- sured because of we are notified as soon an act, error or as practicable of an act, omission to which error or omission which this insurance may may result in a claim. this apply. To the extent possible, notice should include: d. No insured will, except (1) What the act, error at that insured's own or omission was cost, voluntarily make a and when it oc- payment, assume any curred; and obligation, or incur any expense without our (2) The names and consent. addresses of any- (2) Item 4. Other Insurance is re- one who may suf- placed by the following: fer damages as a result of the act, 4. Other Insurance error or omission. If other valid and collectible b. If a claim is made or insurance is available to the "suit" is brought against insured for a loss we cover any insured,you must: under this Employee Benefit (1) Immediately record Liability Coverage, our obli- the specifics of the gations are limited as fol- claim or "suit' and lows: the date received; a. Primary Insurance and This insurance is prima- (2) Notify us as soon ry except when c.below as practicable. applies. If this insurance Includes copyrighted material of Insurance GA 233 09 20 Serrates Office, Inc., with its permission. Page 6 of 17 is primary, our obliga- scope of "employee tions are not affected benefit programs'; unless any of the other b. Interpreting the "em- insurance is also prima- ployee benefit pro- ry. Then, we will share grams'; with all that other insur- ance by the method de- C. Handling records in scribed in Paragraph b. connection with the below. "employee benefit pro- b. Method Of Sharing grams'; or Effecting, continuing or If all of the other incur- d. terminating any "em- anoe permits contribu- ployee's"participation in tion by equal shares, any benefit included in we will follow this meth- the "employee benefit od also. Under this ap- program". proach each insurer contributes equal However, "administration" amounts until it has does not include: paid its applicable limit of insurance or none of a. Handling payroll deduo- the loss remains, tions; or whichever comes first. b. The failure to effect or If any of the other in- maintain any insurance surance does not permit or adequate limits of contribution by equal coverage of insurance, shares, we will contrib- including but not limited ute by limits. Under this to unemployment insur- method, each insurers ante, social security share is based on the benefits, workers' com- ratio of its applicable pensation and disability limit of insurance to the benefits. total applicable limits of 2. "Cafeteria plans" means insurance of all insur- plans authorized by applica- ers. ble law to allow"employees" c. No Coverage to elect to pay for certain benefits with pre-tax dollars. This insurance shall not cover any loss for which 3. "Employee benefit pro- the insured is entitled to grams" means a program recovery under any providing some or all of the other insurance in force following benefits to "em- previous to the effective ployees", whether provided date of this Employee through a "cafeteria plan" or Benefit Liability Cover- otherwise: age. a. Group life insurance; e. Additional Definitions group accident or health insurance; dental,vision As respects Employee Benefit Liabil- and hearing plans; and ity Coverage, Section V-Definitions flexible spending ac- is amended as hollows: counts; provided that no one other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and 1. "Administration"means: such benefits are made generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- spect to eligibility for or Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc.,with its permission. Page 7 of 17 I b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro- plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in- subscription plans, pro- sured submits with our vided that no one other consent;or than an "employee" c. An appeal of a civil pro- may subscribe to such ceeding. benefits and such bene- fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV-Commercial General Liabil- benefits; ity Conditions, B. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep- benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disclose all benefits; and such hazards at the inception date of your policy, we will not reject coverage under d. Vacation plans, includ- this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, a. The last paragraph of 2. Exclusions family, and civil leave; under Section I -Coverage A-Bod- tuition assistance plans; ily Injury And Property Damage Li- transportation and ability is replaced by the following: health dub subsidies. 4. "First effective date" means Exclusions c.through n. do not apply the date upon which cover- to damage by fire, explosion, light- age was first effected in a ning, smoke or soot to premises while series of uninterrupted re- rented to you or temporarily occupied newals of insurance cover- by you with permission of the owner, for which the amount we will pay is age. limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III-Limits Of Insurance. placed by the following: b. The insurance provided under Sec- 5. "Employee"means a person tic I- Coverage A-Bodily Injury And actively employers, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" As respects Water Damage Legal Li- does not include a "tempo- ability, as provided in Paragraph 3.b. rary worker". above: 18. "Suit"means a civil proceed- The exclusions under Section I - ing in which money damag- Coverage A- Bodily Injury And Prop- es because of an act, error erty Damage Liability, 2. Exclusions, or omission to which this in- other than i. War and the Nuclear surance applies are alleged. Energy Liability Exclusion (Broad "Suit"includes: Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- This insurance does not apply to: ages are claimed and to which the insured must (a) "Property damage": submit or does submit with our consent; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 8 of 17 (i) Assumed in any contract or conditioning, fire protection sys- agreement; or tems, or other equipment, caused by or resulting from (ii) Caused by or resulting from any freezing, unless: of the following: (i) You did your best to main- 1) Wear and tear; tain heat in the building or 2) Rust or other corrosion, de- structure; or cay, deterioration, hidden or (ii) You drained the equipment latent defect or any quality in and shut off the water supply property that causes it to if the heat was not main- damage or destroy itself; tained. 3) Smog; (d) "Property damage"to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air condi- cluding rupture or bursting tinning, fire protection sys- caused by centrifugal force; tems, or other equipment or 5) Settling, cracking, shrinking appliances; or or expansion; (ii) The interior of any building 6) Nesting or infestation, or or structure, or to personal discharge or release of property in the building or waste products or secre- structure, caused by or re- tions, by insects, birds, ro- suiting from rain,snow, sleet dents or other animals; or or ice, whether driven by wind or not. 7) Presence, growth, prolifera- c, Limit Of Insurance tion, spread or any activity of fungus, including mold or With respect to the insurance afford- mildew,and any mycotoxins, ed in Paragraphs 3.a.and 3.111b.above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. tions is amended as follows: (b) "Property damage" caused di- (1) Paragraph 6. of Section III- Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (1) Earthquake, volcanic erup- 6. Subject to Paragraph 5. tion, landslide or any other above, the Damage To earth movement; Premises Rented To You (i)i Water that backs up or over- Limit is the most we will pay flows or is otherwise dis- under Coverage A - Bodily charged from a sewer, drain, Injury And Property Damage sump, sump pump or related Liability for damages be- equipment; cause of "property damage" to any one premises: (iii) Water under the ground sur- a. While rented to you, or face pressing on, or flowing temporarily occupied by or seeping through: you with permission of 1) Foundations, walls, the owner; floors or paved surfao- b. In the case of damage es; by fire, explosion, light- 2) Basements, whether ning, smoke or soot, paved or not;or while rented to you;or 3) Doors,windows or other c. In the case of damage openings. by water, while rented to and occupied by you. (c) "Property damage" caused by or resulting from water that leaks or (2) The most we will pay is limited as flows from plumbing, heating, air described in Section B. Limits Of Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 9 of 17 Insurance, 3. Damage To Prem- the insured has waived its right of recov- ises Rented To You of this en- ery in a written contract, written agree- dorsement. ment, written permit or written authoriza- tion. Such waiver by us applies only to 4. Supplementary Payments the extent that the insured has waived its Under Section I - Supplementary Pay- right of recovery against such additional ments-Coverages A and B: insured prior to loss. a. Paragraph 1.b. is replaced by the fol- 8. Automatic Additional Insured - Speci- lowing: fied Relationships Up to the limit shown in Section B. a. The following is added to Section 11 - Limits Of Insurance, 4.a. Bail Bonds Who Is An Insured: of this endorsement for cost of bail (1) Any person(s) or organization(s) bonds required because of accidents described in Paragraph 8.a.(2)of or traffic law violations arising out of this endorsement (hereinafter re- the use of any vehicle to which the ferred to as additional insured) Bodily Injury Liability Coverage ap- whom you are required to add as plies.We do not have to furnish these an additional insured under this bonds. Coverage Part by reason of a b. Paragraph 1.d. is replaced by the fol- written contract, written agree- ment, written permit or written lowing: authorization. All reasonable expenses incurred by (2) Only the following persons or or- the insured at our request to assist us ganizations are additional in- in the investigation or defense of the sureds under this endorsement, claim or"suit", including actual loss of and insurance coverage provided earnings up to the limit shown in Sec- to such additional insureds is lim- tion B. Limits Of Insurance, 4.b. Loss ited as provided herein: Of Earnings of this endorsement per day because of time off from work. (a) Managers Or Lessors Of 5. Medical Payments Premises The Medical Expense Limit of Any One The manager or lessor of a Person as shown in the Declarations is premises leased to you you amended to the limit shown in Section B. are required per Paragraph Limits Of Insurance, 5. Medical Payments 8.a.(1) of this endorsement of this endorsement. to provide insurance, but on- ly with respect to liability for 6. 180 Day Coverage For Newly Formed 'bodily injury", "property Or Acquired Organizations damage" or "personal and advertising injury"caused, in Section 11 - Who Is An Insured is whole or in part, by you or amended as follows: those acting on your behalf Subparagraph a. of Paragraph 3. is re- in connection with the own- ership, maintenance or use of that part of the premises a. Coverage under this provision is af- leased to you, subject to the forded only until the 180th day after following additional exclu- you acquire or form the organization sions: or the end of the policy period, This insurance does not ap- whichever is earlier; ply to: 7. Waiver Of Subrogation (1) Any "occurrence" which Section IV-Commercial General Liabil- takes place after you ity Conditions,8.Transfer Of Rights Of cease to be a tenant in Recovery Against Others To Us is that premises; amended by the addition of the following: (i, Structural alterations, We waive any right of recovery against new construction or any additional insured under this en- demolition operations dorsement, because of any payment we performed by or on be- make under this endorsement, to whom Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 10 of 17 half of such additional damages that the insured. vendor would have in the absence of (b) Lessor Of Leased Equip- the contract or ment agreement; Any person(s) or organizes- 2) Any express war- tion(s)from whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8.a-(1)of this endorsement to provide in- 3) Any physical or surance. Such person(s) or chemical change in organization(s) are insureds the product made only with respect to liability intentionally by the for "bodily injury', "property vendor; damage" or "personal and 4) Repackaging, ex- advertising injury'caused, in cept when un- whole or in part, by your packed solely for maintenance, operation or the purpose of in- use of equipment leased to spection, demon- you by such person(s)or or- stration, testing, or ganization(s). A person's or the substitution of organization's status as an parts under in- additional insured under this structions from the endorsement ends when manufacturer, and their contract or agreement then repackaged in with you for such leased the original con- equipment ends. However, tainer; this insurance does not ap- ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests Vendors or servicing as the (c) vendor has agreed Any person or organization to make or normal- (referred to below as ven- ly undertakes to dor) you are required per make in the usual Paragraph 8.a.(1)of this en- course of busi- dorsement to provide insur- ness, in connection ance, but only with respect with the distribution to liability for "bodily injury' or sale of the or"property damage" arising products; out of"your products"which g) Demonstration, in- are distributed or sold in the stallation, servicing regular course of the ven- or repair opera- does business, subject to tions, except such the following additional ex- operations per- clusions: formed at the ven­- The insurance afforded does premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury' or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub- agreement. This stance by or for the exclusion does not vendor; or apply to liability for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 11 of 17 S) 'Bodily injury' or Permits Or Authorizations "property damage" Relating To Premises arising out of the Any state or governmental sole negligence of agency or subdivision or po- the vendor for its litical subdivision you are own acts or omis- required per Paragraph sions or those of 8_a,(1) of this endorsement its employees or to provide insurance, subject anyone else acting to the following additional on its behalf. How- provision: ever,this exclusion does not apply to: This insurance applies only a) The excep- with respect to the following tions contained hazards for which the state in Paragraphs or governmental agency or (c)(Pa or 6) of subdivision or political sub- this endorse- division has issued a permit this a or authorization in connec- tion with premises you own, b) Such inspec- rent or control and to which tions, adjust- this insurance applies: ments, tests or (i) The existence, mainte- serviclng as nance, repair, construc- the vendor has tion,erection or removal agreed to of advertising signs, make or nor- awnings, canopies, cel- mally under- lar entrances, coal takes to make holes, driveways, man- in the usual holes, marquees, hoist course Of away openings, side- business, in walk vaults, street ban- connection ners or decorations and with the distri- similar exposures; bution or sale of the prod- (i) The construction, erec- ucts. tion or removal of eleva- (i) This insurance does not tors;or apply to any insured (ii) The ownership, mainte- person or organization: nance or use of any el- evators covered by this insurance. have acquired such products, or (e) Mortgagee, Assignee Or any ingredient, part Receiver or container, enter- ing into, accompa- Any person or organization nying or containing you are required per Para- such products; or graph $.a.(1) of this en- dorsement to provide insur- 2) When liability in- anee, but only with respect cluded within the to their liability as mortga- "products- gee, assignee or receiver completed opera- and arising out of the own- tions hazard" has ership, maintenance or use been excluded un- of the premises by you. der this Coverage However, this insurance Part with respect to does not apply to structural such products. alterations, new construction (d) State Or Governmental and demolition operations performed by or for that per- Agency Or Subdivision Or Political Subdivision - son or organization. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 12 of 17 (3) The insurance afforded to addi- Automatic Additional Insured Pro- tional insureds described in Par- vision agraph 8.a.(1) of this endorse- This insurance applies only if the ment: "bodily injury" or "property damage" (a) Only applies to the extent occurs, or the "personal and advertise permitted by law; ing injury'offense is committed: (b) Will not be broader than that (1) During the policy period; and which you are required by (2) Subsequent to your execution of the written contract, written the written contract or written agreement, written permit or agreement, or the issuance of a written authorization to pro- written permit or written authori- vide for such additional in- zation, described in Paragraph sured; and 8.a.(1). (c) Does not apply to any per- d. Section IV - Commercial General son, organization, vendor, Liability Conditions is amended as state, governmental agency follows: or subdivision or political subdivision, specifically Condition 4. Other Insurance is named as an additional in- amended to include: sured under any other provi- sion of, or endorsement Primary And Noncontributory In- added to, this Coverage surance Part, provided such other This insurance is primary to and will provision or endorsement not seek contribution from any other covers the injury or damage insurance available to an additional for which this insurance ap- insured per Paragraph 8.a.(1) of this plies. endorsement provided that: b. With respect to the insurance afford- (1) The additional insured is a ed to the additional insureds de- Named Insured under such other scribed in Paragraph 8.a.(1) of this insurance;and endorsement, the following is added to Section III-Limits Of Insurance: (2) You have agreed in writing in a The most we will pay on behalf of the contract, agreement, permit or additional insured is the amount of in- authorization described in 8.a.(2)of this endorsement that this in- surance: surance would be primary and (1) Required by the written contract, would not seek contribution from written agreement, written permit any other insurance available to or written authorization described the additional insured. in Paragraph 8.a.(1) of this en- 9. Property Damage To Borrowed Equip- dorsement. For the purpose of ment determining the required amount of insurance only,we will include a. The following is added to Exclusion the minimum amount of any Um- 2J. Damage To Property under SeG brella liability or Excess Liability tion I-Coverage A-Bodily Injury And coverage required for that addi- Property Damage Liability: tional insured in that written con- tract, written agreement, written Paragraphs (3) and (4) of this exclu- permit or written authorization; or sion do not apply to tools or equip- ment loaned to you,provided they are (2) Available under the applicable not being used to perform operations limits of insurance; at the time of loss. whichever is less. b. With respect to the insurance provid- ed by this section of the endorse- This endorsement shall not increase meat, the following additional provi- sions apply: c. Section IV - Commercial General (1) The Limits of Insurance shown in Liability Conditions is amended to the Declarations are replaced by include the lbilowing: the limits shown in Section B. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 13 of 17 Limits Of Insurance, 9. Property 1) Your "employees" who provide pro- Damage To Borrowed Equip- fessional health care services on your ment of this endorsement with behalf as a duly licensed nurse, respect to coverage provided by emergency medical technician or this endorsement. These limits paramedic in the jurisdiction where an are inclusive of and not in addi- "occurrence" or offense to which this tion to the limits being replaced. insurance applies takes place; or The Limits of Insurance shown in 2) Your"employees"or"volunteer work- Section B. Limits Of Insurance, ers other than an employed or vol- 9. Property Damage To Bor- unteer doctor, providing first aid or rowed Equipment of this en- goad samaritan services during their dorsement fix the most we will pay in any one occurrence re- be racting withins for the 1 scope of hel be deemed ir gardless of the number of: employment by you or performing du- (a) Insureds; ties related to the conduct of your business. (b) Claims made or "suits" brought;or 11. Broadened Notice Of Occurrence (c) Persons or organizations Paragraph a. of Condition 2. Duties In making claims or bringing The Event Of Occurrence, Offense, "suits". Claim Or Suit under Section IV - Com- mercial General Liability Conditions is (2) Deductible Clause replaced by the following: (a) Our obligation to pay dam- a. You must see to it that we are notified ages on your behalf applies as soon as practicable of an "occur- only to the amount of dam- rence"or an offense which may result ages for each "occurrence" in a claim.To the extent possible, no- which are in excess of the tice should include: Deductible Amount shown in Section B. Limits Of Insur- (1) How, when and where the "oc- anoe, 9. Property Damage currence"or offense took place; To Borrowed Equipment of (2) The names and addresses of this endorsement. The limits any injured persons and wit- of insurance will not be re- nesses; and duced by the application of such deductible amount. (3) The nature and location of any (b) Section IV - Commercial injury or damage arising out of General Liability Conditions, the "occurrence"or offense. 2. Duties In The Event Of This requirement applies only when Occurrence, Offense, Claim the "occurrence" or offense is known Or Suit, applies to each to any insured listed under Paragraph claim or"suit' irrespective of 1.of Section II-Who Is An Insured or the amount. any "employee" authorized by you to (c) We may pay any part or all give or receive notice of an "occur- of the deductible amount to rence"or offense. effect settlement of any 12. Nonowned Aircraft claim or"suit" and, upon no- tification of the action taken, The following is added to Exclusion 2.g. you shall promptly reim- Aircraft, Auto Or Watercraft under Sec- burse us for such part of the tion I -Coverage A -Bodily Injury And deductible amount as has Property Damage Liability: been paid by us. This exclusion does not apply to an air- 10. Employees As Insureds - Specified craft you do not own, provided that: Health Care Services And Good Samar- a. The pilot in command holds a current itan Services effective certificate, issued by a duly Paragraph 2.a.(1)(d) under Section II - constituted authority of the United Who Is An Insured does not apply to: States of America or Canada, desig- nating that person as a commercial or airline transport pilot; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 14 of 17 b. The aircraft is rented with a trained, 2) Damage occurs while in paid crew; and your possession. C. The aircraft does not transport per- At your written request, we sons or cargo for a charge. will make this payment re- gardless of whether you are 13. Bodily Injury Redefined at fault for the "property Section V -Definitions, 3. "Bodily injury' damage'. is replaced by the following: if you, at our request, re- place, or make a pairs any re 3. 'Bodily injury' means bodily harm or pl damaged property re of injury, sickness, disease, disability, others, the amount we will humiliation, shock, fright, mental an- pay under Voluntary Proper- guish or mental injury, including care, ty Damage Coverage will be Proper- loss of services or death resulting determined by your actual from any of these at any time. cost to replace or repair the 14. Expected Or Intended Injury Redefined damaged property, exclud- ing any profit or overhead. The last sentence of Exclusion 2.a. Ex- pected Or intended Injury under Sec- Any payment we make un- tion I -Coverage A-Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- sion of liability by you or by This exclusion does not apply to "bodily us. injury'or"property damage"resulting from It shall be your duty, not our the use of reasonable force to protect per- duty, to defend any claim or sons or property. "suit'to which this insurance 15. Former Employees As Insureds applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II-Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- ads or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage"only if: rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory; and those on leave of absence, but only damage" for acts within the scope of their em- 2) The "property ployrnent by you or for duties related occurs during the policy to the conduct of your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section I -Coverages is amended to This insurance does not apply to include the following: "property damage"that would be excluded by Coverage A- Bodily COVERAGE D - VOLUNTARY Injury And Property Damage Lia- PROPERTY DAMAGE COVERAGE Wity, 2. Exclusions, except for j. (1) Insuring Agreement Damage To Property, Para- graphs (3). (4), (6) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and I. pair or replace "property Damage To Your Work. damage" to property of oth- (3) Definitions ers arising out of operations incidental to your business For purposes of Voluntary Prop- when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec- tion V-Definitions are replaced you; or by the following: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 15 of 17 13. "Occurrence" means an in- "property damage" under this cident, including continuous Coverage Part. or repeated exposure to c. Limits Of Insurance And Deducti- substantially the same gen- bles eral harmful conditions that result in "property damage". For purposes of the coverage provid- 17. "Property damage" means ed by Voluntary Property Damage physical injury to tangible Coverage and Care, Custody Or Con- property. Electronic data is trol Liability Coverage, Section III - not tangible property, and Limits Of Insurance is amended to "property damage" does not include the ibilowing: include disappearance, ab- (1) The Limits of Insurance shown in straction or theft. the Declarations are replaced by As used in this definition, the limits shown in Section B. electronic data means in- Limits Of Insurance, 16. Volun- formation, facts or pro- tary Property Damage Coverage grams, stored as or on, cre- and Care, Custody Or Control ated or used on, transmitted Liability Coverage in this en- to or from computer soft- dorsement. These limits are in- ware, including systems and clusive of, and not in addition to, applications software, hard the limits being replaced. The or floppy disks, CD-ROMs, Limits of Insurance shown in the tapes, drives, cells, data Schedule fix the most we will pay processing devices or any regardless of the number of: other media which are used (a) Insureds; with electronically controlled equipment. (b) Claims made or "suits" brought;or b. Care, Custody Or Control Liability Coverage (c) Persons or organizations making claims or bringing For purposes of the coverage provid- "suits". ed by Care, Custody Or Control Lia- bility Coverage in this endorsement (2) (a) Subject to (3) below, the only: Voluntary Property Damage Coverage Each Occurrence (1) Section 1 - Coverage A - Bodily Limit Of Insurance is the Injury And Property Damage Lia- most we will pay for the sum bility, 2. Exclusions, j. Damage of damages under Voluntary To Property, Paragraphs (3), (4) Property Damage Coverage; and (5)do not apply to "property damage" to the property of oth- (b) The Care, Custody Or Lon- ers described therein. trol Liability Coverage Each Occurrence Limit Of Insur- (2) It shall be your duty, not our duty, ance is the most we will pay to defend any claim or "suit" to for the sum of damages un- which this insurance applies. der Care, Custody Or Con- No other obligation or liability to trol Liability Coverage; pay sums or perform ads or ser- because of all "property damage" vices is covered. arising out of any one "occur- This Paragraph (2) supersedes rence". any provision in the Coverage (3) The Voluntary Property Damage Part to the contrary. Coverage, Aggregate Limit Of (3) "Property damage" for which Insurance is the most we will pay Care, Custody Or Control Liabil- for the sum of all damages under ity Coverage provides coverage Voluntary Property Damage shall be deemed to be caused by Coverage. This limit applies sep- an "occurrence" but shall not arately to each"coverage term". serve to limit or restrict the ap- (4) Deductible Clause plicability of any exclusion for Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 16 of 17 (a) Our obligation to pay dam- you shall promptly reim- ages on your behalf applies burse us for such part of the only to the amount of dam- Deductible Amount as has ages for each 'occurrence" been paid by us. which are in excess of the 17. Broadened Contractual Liability-Work Deductible Amount shown in Within 5W Of Railroad Property Section B. Limits Of Insur- ance, 16.Voluntary Property Section V - Definitions, 9. "Insured con- Damage Coverage and tract"is amended as follows: Care, Custody Or Control Liability Coverage. The lim- a. Paragraph c. is replaced by the fol- its of insurance will not be lowing: reduced by the application of such Deductible Amount. c. Any easement or license agree- ment; (b) Section IV - Commercial b. Paragraph C(1)is deleted in its entire- General Liability Conditions, ty. 2. Duties In The Event Of Occurrence, Offense, Claim 18. Alienated Premises Or Suit, applies to each claim or"suit' irrespective of Exclusion 2 j. Damage To Property, Para- the amount. graph (2) under Section I - Coverage A- Bodily Injury And Property Damage Liabit- (c) We may pay any part or all ity does not apply if the premises are of the Deductible Amount to 'your work". effect settlement of any claim or"suit' and, upon no- tification of the action taken, Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 17 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract (1) The Coverage Part to which this Or Agreement With You endorsement is attached pro- f. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- (2) The written contract or written sured on this Coverage Part. Such per- agreement requires you to pro- son(s) or organization(s) is an additional vide additional insured coverage insured only with respect to liability for: included within the "products- a. 'Bodily injury', "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in pail, by the If the written contract or written performance of your ongoing opera- agreement requires you to provide tions by you or on your behalf, under additional insured coverage included that written contract or written within the "products-completed oper- agreement.Ongoing operations does ations hazard" for a specified length not apply to'bodily injury'or"proper- of time for that person or organiza- ty damage"occurring after: tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, If the written contract or written maintenance or repairs) to be agreement requires you to provide performed by or on behalf of the additional insured coverage for a additional insured(s) at the loca- person or organization per only ISO tion of the covered operations additional insured endorsement form has been completed; or number CG 20 10, without specifying (2) That portion of'your work"out of an edition date, and without specifi- which the injury or damage aris- catty requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to for or subcontractor engaged in that person or organization. performing operations for a prin- 2. If the written contract or written agree- cipal as a part of the same pro- ment described in Paragraph 1. above ject; and specifically requires you to provide addi- b. "Bodily injury' or "property damage" tional insured coverage to that person or caused, in whole or in part, by'your organization: work" performed under that written contract or written agreement and in- a. Arising aril of your ongoing tivns or arising out of'your work"; or or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b, By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in a. "Bodily injury', "property damage" or part, by in Paragraph A 1.a. and/or Para- "personal and advertising injury" aris- graph A.1.b. above, whichever applies, is ing out of operations performed for replaced by the phrase arising out off the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- b, "Bodily injury' or "property damage" graph A.1., the following additional exclu- included within the "products- sion applies: completed operations hazard." This insurance does not apply to "bodily C. The insurance afforded to additional insureds injury`, "property damage" or "personal described in Paragraphs A.and B.: and advertising injury" arising out of the rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, inducting: 2. Will not be broader than that which you a. The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A.and B.,the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the"personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural,engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B. For the purpose of determining the B. Additional Insured-State Or Governmental required amount of insurance only,we will Agency Or Subdivision Or Political Subdi- include the minimum amount of any Um- vision - Automatic Status When Required brella Liability or Excess Liability cover- In Written Permits Or Authorizations age required for that additional insured in 1. Section II - Who Is An Insured is that written contract, written agreement, amended to include as an additional in- written permit or written authorization; or sured any state or governmental agency 2. Available under the applicable limits of in- or subdivision or political subdivision you suranee; have agreed in writing in a permit or au- thorization to add as an additional insured whichever is less. on this Coverage Part. Such state or gov- This endorsement shall not increase the appli- ernmental agency or subdivision or politi- cable limits of insurance. cal subdivision is an additional insured only with respect to operations performed E. Section IV - Commercial General Liability by you or on your behalf for which the Conditions is amended to add the following: state or governmental agency or subdivi- sion or political subdivision has issued, in Automatic Additional Insured Provision writing, a permit or authorization. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- scribed in Paragraph A.or B.that this in- ry" or "property damage" occurs, or the "per- surance would be primary to any other in- sonal and advertising injury' offense is com- surance available to the additional in- mitted: sured. 1. During the policy period; and As used in this endorsement, wrap-up insur- ance means a centralized insurance program 2. Subsequent to your execution of the writ- under which one party has secured either in- ten contract or written agreement, or the surance or self-insurance covering some or all issuance of a written permit or written au- of the contractors or subcontractors perform- thorization, described in Paragraphs A. ing work on one or more specific project(s). and B. Primary And Noncontributory Insurance F. Except when G.below applies,the following is When Required By Written Contract, added to Section IV - Commercial General Agreement, Permit Or Authorization Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- When Other Additional Insured Coverage sured, this insurance is primary to and will not Applies On An Excess Basis seek contribution from any other insurance This insurance is primary to other insurance available to the additional insured described in available to the additional insured described in Paragraphs A.and B.provided that: Paragraphs A.and B.except: 1. The additional insured is a Named In- As otherwise provided in Section IV - sured under such other insurance; and Commercial General Liability Condi- 2. You have agreed in writing in a contract, tions, Other Insurance, b. Excess In- agreement, permit or authorization de- surance; or scribed in Paragraph A,or B.that this in- s. For any other valid and collectible insur- surance would be primary and would not ance available to the additional insured as seek contribution from any other insur- an additional insured on another insur- ance available to the additional insured. ance policy that is written on an excess As used in this endorsement, wrap-up insur- basis. In such case,this insurance is also ance means a centralized insurance program excess. under which one party has secured either in- G. The following is added to Section IV -Com- surance or self-insurance covering some or all mercial General Liability Conditions, Other of the contractors or subcontractors perform- Insurance, and supersedes any provision to ing work on one or more specific projed(s). the contrary: H. Section IV - Commercial General Liability Primary Insurance When Required By Writ- Conditions, Transfer Of Rights Of Recov- ten Contract, Agreement, Permit Or Au- ery Against Others To Us is amended by the thorization addition of the following: Except when wrap-up insurance applies to the Waiver of Subrogation claim or "suit" on behalf of the additional in- We waive any right of recovery against any sured, this insurance is primary to any other additional insured under this endorsement, insurance available to the additional insured because of any payment we make under this described in Paragraphs A. and B. provided endorsement, to whom the insured has that: waived its right of recovery in a written con- 1. The additional insured is a Named In- tract, written agreement, written permit or writ- sured under such other insurance; and ten authorization. Such waiver by us applies only to the extent that the insured has waived 2. You have agreed in writing in a contract, its right of recovery against such additional in- agreement, permit or authorization de- sured prior to loss. Includes copyrighted material of Insurance GA472 05 20 Services Office, Inc., with its permission. Page 3 of 3