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Marine Construction Dredging Pile Driving 1501 Taylor Way • Tacoma, Washington 98421 PHONES: Tacoma (253) 254-0118, Seattle (206) 623-0114, Fax (253) 254-0155 CONTRACTORS LIC NO. 223-01-AM-ER-IC*372 NO. TO: City of Renton 1055 South Grady Way Renton, WA 98057 � lMEIICAN � CONSTIUCIION CONPANY DA TE March 24, 2022 JOB #: CAG-22-012 TITLE: Gene Coulon Memorial Beach Park Trestle Bridge Replacement Attn: Alan J. Wyatt, Capital Projects Manager THE FOLLOWING ITEMS ARE BEING SENT: QUANTITY 1 AGREEMENT - SIGNED 1 CONTRACT BOND 1 RETAINAGE BOND 1 EA CERTIFICATE OF INSURANCE 1 W-9 These items are being sent: X Per your request Please keep us advised of action taken For you to process For your inspection and approval For your general information and file For your approval or corrections Herewith Under Separate Cover Direct DESCRIPTION REMARKS: The license for the City of Renton is being renewed. Once we have it, we will send you a copy of the license, and the Vendor Set-up form. Please contact us promptly if there is a problem or question COPY TO: ( Fil J BY: CO.,INC. Administrator AGREEMENT Armando Pavone Mayor CONTRACT NO. CAG-22-012 THIS AGREEMENT, made and entered into this ______ day of ____ � 2022 by and between the CITY OF RENTON, Washington, a municipal corporation of the State of Washington, hereinafter referred to as "City" and American Construction Company, Inc., hereinafter referred to as "Contractor." Now, therefore the parties agree as follows: 1.Agreement. This agreement incorporates the following documents as if fully set forth herein: the Construction Documents prepared by WSP USA, Inc., dated January 28, 2022, the 2020 Standard Specifications for Road, Bridge, and Municipal Construction, as prepared by the Washington State Department of Transportation and the Washington State Chapter of the American Public Works Association, including all published amendments issued by those organizations ("Standard Specifications"); the City's Contract Bid Documents for the Project, including but not limited to Addenda, Proposal Form, Special Provisions, Contract Plans, and Amendments to the Standard Specifications; Contractor's Proposal and all documents submitted therewith in response to the City's Call for Bids Documents; and any additional documents referenced as comprising the Contract and Contract Documents in Section 1-04.2 of the Standard Specifications, as revised by the Amendments and Special Provisions included with the City's Call for Bids and Contract Documents. 2.Project. Contractor shall complete all work and furnish all labor, tools, materials, and equipment for the project entitled Gene Coulon Memorial Beach Park Trestle Bridge Replacement, CAG-22-012, including all changes to the Work and force account work, in accordance with the Contract Documents, as described in Section 1-04.2 of the Special Provisions. 3.Payments. City shall pay Contractor at the unit and lump sum prices, and by force account as specified in the Proposal according to the Contract Documents as to time, manner, and condition of payment in a contract amount not to exceed $1,625,000.00, plus applicable WSST, unless modified by an approved change order or addendum. The payments to Contractor include the costs for all labor, tools, materials and equipment for the Work. 4.Completion Date. Contract time shall commence upon City's Notice to Proceed to Contractor. The Work under this Agreement shall be completed within the time specified in the Contract Bid Documents. If the Physical Work under this Agreement is not completed within the time specified, Contractor shall pay liquidated damages and all engineering inspection and supervision costs to City as specified in the Contract Bid Documents. 5.Attorney's Fees. In the event litigation is commenced to enforce this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney's and expert witness fees. 6.Disclaimer. No liability of Contractor shall attach to City by reason of entering into this Agreement, except as expressly provided in this Agreement. 7.Counterparts. This Agreement is executed in two (2) identical counterparts, by the parties, each of which shall for all purposes be deemed an original. 15th April IN WITNESS WHEREOF, the City has caused these presents to be signed by its Mayor and attested by its City Clerk and the Contractor has hereunto set his hand and seal the day and year first above-written. CONTRACTOR: Kevin Culbert, President n Laurance; Secretary d/b/a American Construction Company, Inc. FIRM INFORMATION CITY OF RENTON: Armondo Pavone, Mayor ATTEST Jason Seth, City Clerk CHECK ONE: □Limited Liability Company □Partnership � Corporation STATE OF INCORPORATION: Washington CONTRACTOR CONTACT INFORMATION: American Construction Company, Inc. 1501 Taylor Way Tacoma, WA 98421 (253)254-0118 (253)254-0155 Attention: CITY CONTACT INFORMATION: City of Renton 1055 South Grady Way Renton, WA 98057 Alan J. Wyatt, Capital Projects Manager (425) 430-6571 awyatt@rentonwa.gov If business is a CORPORATION, the name of the corporation should be listed in full and both the President and Secretary must sign the contract. OR, if one signature is permitted by corporation by-laws, a copy of the by-laws shall be furnished to the City and made a part of the contract document. If the business is a PARTNERSHIP, the full name of each partner should be listed followed by d/b/a (doing business as) and firm or trade name. Any one partner may sign the contract. If the business is an limited Liability Company, an authorized managing member or manager must sign followed by his/her title. Gene Coulon Memorial Beach Park Trestle Bridge Replacement CAG 22-012 Contract Template Updated 12/29/2017 [Enter Date] 4/15/2022 CONTRACT BOND TO THE CITY OF RENTON Bond No. 023221709 KNOW ALL MEN BY THESE PRESENTS, That we, (CONTRACTOR/PRINCIPAL) American Construction Co., Inc. of [address] 1501 Taylor Way. Tacoma. WA 98421 as PRINCIPAL, and (SURETY) Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State of Massachusetts as a SURETY corporation, and qualified under the laws of the State of Washington to become SURETY upon bonds of contractors with municipal corporations, as SURETY, are iointlv_and severallv held and firmly bound to the Citv of Rtnton (CITY/OWNER) . h f 'One Million, Seven HlJndred Eighty-nine Thousand, One HCmdre O II mt e sum o Twenty-flve and Nn11QQ S o ars ($1,789,125.00 ) Total Contract Amount, for the payment of which sum on demand we bind ourselves and our heirs, successors, assigns, executors, administrators and personal representatives, as the case may be. This obligation is entered into pursuant to the laws of the State of Washington and the ordinances of the City of Renton. Dated at _____ � Washington, this ____ day of ________ � 20 __ _ NOW, THEREFORE THE CONDITIONS OF THE ABOVE OBLIGATION ARE AS FOLLOWS: WHEREAS, under and pursuant to Contract No. CAG-22-012 providing for construction of the Gene Coulon Memorial Beach Park Trestle Bridge Replacement; the PRINCIPAL has accepted, or is about to accept, the Contract, and undertake to perform the Work therein provided for in the manner and within the time set forth. •The SURETY indemnifies, defends, and protects and holds the CITY/OWNER, its officers, agents, and assigns harmless from and against all claims, liabilities, causes of action, damages, and costs for such payments for labor, equipment, and materials by satisfying all claims and demands incurred under the Contract, and reimbursing and paying CITY/OWNER all expenses that CITY/OWNER may incur in making good any default by PRINCIPAL; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns, (or the subcontractors or lower tier subcontractors of the PRINCIPAL} to pay all laborers, mechanics, subcontractors, lower tier subcontractors material persons, and all persons who shall supply such contractor or subcontractors with provisions and supplies for the carrying on of such work; and, against any claim of direct or indirect loss resulting from the failure of the PRINCIPAL, its heirs, executors, administrators, successors, or assigns (or any of the employees, subcontractors, or lower tier subcontractors of the PRINCIPAL) to faithfully perform the Contract.•The indemnities to CITY/OWNER shall also inure to the benefit of the Consulting Engineers and other design professionals retained by OWNER in connection with the Project.•No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect SURETY 's obligation on the Contract Bond. SURETY, for value received, hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work to be performed thereunder and agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the PRINCIPAL shall automatically increase the obligation of the SURETY on this Contract Bond and notice to SURETY is not required for such increased obligation. •This Contract Bond shall be governed and construed by the laws of the State of Washington, and Gene Coulon Memorial Beach Park Trestle Bridge Replacement Page 1 of 2 CAG-22-012(if needed) Contract Bond to the CITY of Renton 03/08/2022 F db venue shall be in King County, Washington. FURTHERMORE, this Contract Bond shall be satisfied and released only upon the conditions that PRINCIPAL or SURETY: •Faithfully performs all provisions of the Contract and changes authorized by CITY /OWNER in the manner and within the time specified as may be extended under the Contract; •Pay, in accordance with Chapters 39.08, 39.12 and 60.28 Revised Code of Washington (RCW), the sums due all workers, laborers, mechanics, subcontractors, lower tier subcontractors, material suppliers, and all other persons or agents who supply labor, equipment, or materials for carrying on of such work under the Contract; •Pay all taxes, increases and penalties, if any, incurred on or related to the Contract under Titles 50 and 51 Revised Code of Washington {RCW) and any and all taxes imposed on the Principle under Title 82 RCW or any other law; •Receives a written discharge/release of bond from CITY, signed by the Mayor or by a duly authorized representative of CITY. This Contract Bond shall be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers. This Contract Bond will only be accepted if is accompanied by a fully executed and original power of attorney for the office executing on behalf of the SURETY. PRINCIPAL American Construction Co., Inc. [PRINCIPAL] Z-C�[Signature of Authorized Official] Kevin Culbert [Printed Name] President [Title] March 24, 2022 [Date] Name and address of local office of Agent and/or SURETY Company: SURETY Liberty Mutual Insurance Company � ��-[Signature of Authorized Official] Holli Albers [Printed Name] Attorney-in-Fact [Title] March 22 2022 [Date] Liberty Mutual Insurance Company 1001 4th Avenue, Suite 3700 Seattle WA 98154 Telephone: 206-473-3788 Gene Coulon Memorial Beach Park Trestle Brldse Replacement Pase 2 of 2 Contract Bond to the CITY of Renton 03/08/2022 F clb CAG-22-012(1f needed) �Liberl:J. � Mutual. This Power of Attomey limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8207353-023049 KNOWN AU. PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, thatLiberty Mutual Insurance Company is a corporation duly organized under the laws of the Slate of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appo int, Aliceon A. Kellner; Alyssa J. Lopez; Amber Lynn Reese; Amelia G .. Burrill; Annelies M. Richie; Brandon K. Bush; Brent E. Hcilescn; Carley Espiritu; Christopher Kinyon· Cynthia L. Jay; Dana Marie Brinkley: Diane M. Harding; Donald Shanklin, Jr.; Eric A. Zimmennan: Erica E. Mosley; Holli Albers; Jacob T. Haddock; James B. Binder: Jamie L. Morgues; lll!ie R. Truitt; Justin Deao Price; Kari Michelle Motley: Katharine J. Snider; Lindsey Elaine Jorr;en en; Lois F. Weal.hers; Miclmcl Mansfield: Misti M. Webb: Sara Sophie Stlllin; Tamara A. Ringeisen an of the city or Tacoma state of WA each ind1vidua!ty ff there be more than one named, tts true and lawful atlomey-irt-[acl to make. execute, seal, acknowledge and deliver, for and on lls behalf as surety and as !ts act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secrelaly of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this _!2!!!_ day of February • 20ll . Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West Amtlrican Insurance Company ui • 1 /#/' uiE -c:� By:�✓/, z '.§_3 -(!l • co David M. Carey, Assistant Secretary c: 2 � co State of PENNSYLVANIA ss ·- ::, � 5) County of MONTGOMERY .Q E � � On this 17th day of February • 2022 berore me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 1§ 'li3� ro Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !§@ � _:: therein contained by signing on behalf of the corporations by himself as a duly authorized officer. g? -co oc�-5 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.�en c-0 ro OO �Q 0� �--��-����� -:i:: -. ,_ Commonwealth of Pe�an,a -Nolary Seal >--(I)·-O Teresa Paslella, Notmy Public A-..... i co (l) Monlgomery County � // .f- J/ J E E 0 2 My commission expires March 28, 2025 By: � 0 (I) C: ro '! Commission number 1126044 ,,-��=---=-.....,...---,,,--------------1:t: ._ Q) � 1�•J L�►" � Mcn!bo,.f'l!no,ytvanlaA>•ooo"""olNocotles Teresa Pastella, Notary Public :'.;: o �� 'IR"f� 0� g � This Power or Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual � � � -� Insurance Company, and West American Insurance Company which resolutions are now in full foo:e and effect reading as follows: g_ � ._ 2 ARTICLE IV -OFFICERS: Section 12. Power of Attorney. 5 °:> .S! �Any o1ficer or olher official of the Corporation authorized for that purpose in writing by the Chairman or the Presiden� and subject to such limilation as lhe Chairman or the ,3 � ;g ()" Pres ident may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi �� ffi any and all undertakings, bonds, recognizances and olher surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall -c � ..., t: have full power to bind the Corporation by lheir signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § (I) � 5 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under lhe � l8provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. � -! ARTICLE XIII -Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject lo such limitations as the chairman or the president may prescribe, shaU appoint such attorneys-in-faci, as may be necessary lo act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-In-fact subject to the limitations set forth in their respective pow ers of attorney, shall have ruff power to bind lhe Company by their-signature and execution of any such instruments and to attach lherelo the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation -The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such atlomeys-!nfact as may be necessa·ry to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorizat ion -By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reJ)(oduced signature of any assistant secretary or the Company, wherever appearing upon a certified copy of any power or attorney issued by the Company In connection with surety boods, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio casually Insurance Company, Liberty Mutual Insurance Company, and West Anlf!rican Insurance C',omJ)<lny do tiereby certify that the original power or attorney of which the foregoing is a fufl, true and correct copy of the Power of Attorney executed by safd Companies, is in full foice arid Effect.and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ....22lliL day of March , _.2Q22_. By: �'-t"- "'R-en ... e�e'"'c,...._.,..U,....ew-e""'ll,..yn-,'"'A-ss""'ls-ta-n-c-t -=s-ec r_e_ta_ry -----�---- RELEASE OF RET AINA GE BOND OF CONTRACTOR Bond No. 02 3221710 KNOW ALL l\1EN BY THESE PRESENTS: That we American Construction Co .. Inc. (hereinafter called Principal), and Liberty Mutual Insurance Company a corporation organized and doing business under and by virtue of the laws of the state of Massachusetts and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required and authorized by the State of Washington, (hereinafter called Surety), as Surety, are held firmly bound unto City of Renton (hereinafter called Obligee) in the just and full sum of Eighty-one Thousand Two Hundred Fifty And No/100 \$81,250 .00 ) plus 5% of any increases in the contract amount that have occurred or mayoccur, due to change orders, increases in the quantities or the addition of any new item of work THE CONDITIONS OF TIDS OBLIGATION ARE SUCH THAT, Whereas, the said Principal on the ___ day of ______ � ___ entered into a written contract with the said obligee for Gene Coulon Memorial Park Trestle Bridge Replacement, CAG-22-012 which said contract is hereby referred to and made a part hereof by reference. WHEREAS, Pursuant to Chapter 60.28 RCW, the above named Principal has requested release of retained percentage earned or which may be earned under said contract, and, WHEREAS, the obligee is willing to release retained percentage in advance of contract terms relating to payment provided the principal shall file bond to indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retainage to the principal, which bond shall be subject to all claims and liens in the same manner and same priority as apply to the retain.age percentage released, or to be released, NOW, THEREFORE, the condition oftlris obligation is such that if the principal shall indemnify the obligee for all loss, cost or damages which the obligee may sustain by reason of payment of retained percentage to the principal then this obligation shall be null and void unless otherwise to remain in full force and effect. IN WITNESS WHEREOF, said principal and said Surety have caused these presents to be duly signed and sealed this 22nd day of March 2022 American Construction Co., Inc. By: __ z__._�---Principal Kevin Culbert, President Holli Albers Attomey�in-Fact �LiberiJ. �Mutual This Power of Attorney limits lhe acts of those named herein, and they have no authority to bind the Company except in lhe manner and to the extent herein stated. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY CertifJCate No: 8207353-023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws or the Slate or New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoin� Aliceon A. Keltner; Alyssa J. Lopez; Amber Lynn Reese; Amelia G. Burrill; Annelies M. Richie; Brandon K. Bush; Brent E. Henescn; Carley Espiritu; Chri lopher Kinyon; Cynthia L. Jay; Dana Morie Brinkley; Diane M. Harding; Don:ild Shanklin. Jr.; Eric A. Zimmcmum; Erica E. Mosley; Holli Albers; Jacob T. Haddock; Jruncs B. Binder: Jamie L. Marques: Julie R. Truitt: Just in Dean Price; Kari Michelle Motley: Katharine J. Snider: Lindsey Elaine Jorgensen: Lois F. Weathers; Michael Mansfield.: Misti M. Webb; Sarn Sophie Sellin; Tamara A. Ringeisen all of the city or Tacoma state or WA each individually i r there be more than one named, its true and lawful attomey-in-ract to make, execute, seal, acknowledge and deliver. for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Pooer of Attorney has been subscribed bi an authorized officer or official or lhe Companies and lhe corporate seals of the Companies have been affixed thereto this -1.2.!!!._ day of February , 2022 . Liberty Mutual Insurance Company The Ohio Casually Insurance Company West American Insurance Company ui • /) /"'7/ / uiE � By:��/. 2 .:gg c ___ _. -,-..,.,..-,----....... -,--------------1·�-a5_ co David M, Carey, Assistant Secretary c: .a'6 � Slate of PENNSYLVANIA ·-:, � O> County of MONTGOMERY ss .§ [ u -t .... � On this 17th day of Fcbrwuy , 2022 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mulual Insurance � OJ ::: co Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes !€§ ,g � � therein contained by signing on behalf of the corporations by himself as a duly authorized officer.� a,CO � - :::, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written.<{ .,j c� ow co oo �o 0� �---------� -::c _ Commonweallh er Paoo;yt,,ania -Nolary Sao/ >--(I) O Teresa Paslella, Nola,yPublic A---. i COJ "cij _ Q) Monlgomery Counly V/, � . . . , t! --1-J J/._ E 0 -My commission expires March 28, 2025 By: � �0 OJ ':_ � ,.. Commission number 112804� f � ._ (I) -,, .,,svL•li'� of, Mombot. Pennsylvania ,,ssocbl"'1 c1 -eresa Paslella. Nolary Public ...._ 0 0)00 ��fN�00 co� ... �.g> $ This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mulual � � � -� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows:fr_� ,_ $ ARTICLE IV -OFFICERS: Section 12. Power of Attorney. c5 a;> S � Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President and subject to such limitation as the Chairman or the ,5 �;g � President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety ffi � � g any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall 't:> � _. I:: have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such § OJ � G instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the � � provisions of this artide may be revoked at any time by the Board, the Chairman, the President or by lhe officer or officers granting such power or authority.� � ARTICLE XIII-Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such «mitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be nece�saiy to act' In behalf of lhe Company to make, execute, seal. acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys-in-fact subject to the limitations set forth In their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Des ignation -The Pres.ident of the Company, acting pursuant to lhe Bylaws of the Company, aulhoriz.es Davfd M. Carey. Assistant Secretary to appotnt such attomeys�n fact as may be necessary lo act on behalf or lhe Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings. bonds, recognizances and other surely obligations. Authorization -By unanimous consent of the Company's Board of Directors. the Company consents that facsimile or mechanicaUy reproduced signature of any ass.istant secretary of the Company, wherever appearing upon a certified copy or any power or attorney issued by the Company in connection with surety bonds, shall be valid and binding upon ll)e Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, lhe undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American lnsuranw Company do hereby certify that the original power of attomey of which the foregorng is a full, true and correct copy of the Power or Attorney executed by said Companies; is iri full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this ...22ruL day of Marchu�By: =-�-=-...-c--..,,..--,---,-,......,.-=--,---------Renee C. Llewellyn, Assistant Secrelary ACORD® CERTIFI CATE OF MARINE/ ENERGY INSURANCE I DATE (MM/DD/YYYY) � 3/23/2022 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 Brenda Miaota NAME: Newfront rt8N.l'o Extl: (206) 788 -8864 I f � Nol: (206) 788-8989 777 Mariners Island Blvd, Suite 250 E-MAIL Brenda.Miaata®theabdleam.com San Mateo, CA 94404 ADDRESS· �flgf8a�� ID11: ACC www.theabdteam.com OH55918 INSURER(S) AFFORDI NG COVERAGE NAJC# INSURED INSURER A: Subscribina Carriers American Construction Co., Inc. INSURER B: Water Qualitv Insurance Svndicale 1501 Taylor wi INSURER c: Endurance American Insurance Comoanv 10641 Tacoma WA 9 421 INSURER D: Siana! Mutual JNSURERE: National Casuallv Comoanv 11991 INSURER F: COVERAGES CERTIFICATE NUMBER· 67318628 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. N01WITHSTANDING 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. tNSR LTR A A B A TYPE OF INSURANCE HULL AND MACHINERY COLLISION LIABILITY -TOWERS LIABILITY - PROTECTION AND INDEMNITY -CJ JONES ACT ,_L CREW LIABILITY ,_L COLLISION LIABILITY TOWERS LIABILITY - ,_L REMOVAL OF WRECK IN REM -- POLLUTION LIABILITY OPA90 ..L CERCLA NON-OPA / NON-CERCLA MARITIME EMPLOYERS LIABILITY � AL TERNA TE EMPLOYER �LUDES □ CREW □ EMPS JONES ACT DEATH ON THE HIGH SEAS -IN REM ENDORSEMENT - Excess Bumbershoot Liability CERTIFICATE HOLDER ADDL SuBR POLICYEFF POLICY EXP 1'1SO un,n POLICY NUMBER IMM/00/YYYYl IMM/00/YYYY) ABO 1328/21 7/1/2021 7/1/2022 ABO 1328/21 7/1/2021 7/1/2022 55-50055 7/1/2021 7/1/2022 N/A ABD 1331/21 7/1/2021 7/1/2022 CANCELLATION LIMITS ✓ I PER SCHEDULE ON FILE I INSURED VALUE COLLISION (Ea occurrence) TOWERS (Ea occurrence) I PER CLUB RULES ✓ I EA OCCURRENCE PER VESSEL "-"' COLLISION (Ea occ), CSL TOWERS (Ea occ), CSL REMOVAL OF WRECK !Ea oceurrencel EA OCCURRENCE ANY ONE PERSON ANY ONE ACCIDENT Each Occurrence Aaoreoate $ $ s $1000 000 $ s s s s s $5 000 000 $ $ $ s $ $ $ $ s s s S 10 nno._o.oo ___ s10 nnn nnn s SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE Ci� of Renton EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE 10 5 South Grat Way WITH THE POLICY PROVISIONS. Renton WA 980 AUTHORIZED REPRESENTATIVE Rod Sockolov Page 1 of2 © 2012-2015 ACORD CORPORATION. All rights reserved. ACORD 31 (2016/03) The ACORD name and logo are registered marks of ACORD 67318628 I ACC I 21-22 Master Certificate Brenda Migota j 3/23/2022 9:03:41 AM (PDT) j Page 1 of 2 COVERAGES CERTIFICATE NUMBER: 67318628 INSR TYPE OF INSURANCE ADOLISUBR POLICYEFF POLICY E)(P LIMITS LTR ... � ... ""'"' POLICY NUMBER IMM/DDIYYYYl IMM/DDIYYYYl C E 0 A COMMERCIAL GENERAL LIABILITY t- ,..L MARINE GENERAL LIABILITY CLAIMS-MADE w OCCUR WA Stop Gap _L OCP GEN'L AGGREGATE LIMIT APPLIES PER: =7 POLICY GJ PRO-JECT OLoc OTHER: AUTOMOBILE LIABILITY --SCHEDULED ANY AUTO AUTOS -OWNED NON -OWNEDAUTOS ONLY -AUTOS ONLY HIRED At ITOS "'" Y WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □OFFICER/MEMBER EXCLUDED? (Mandatory In NH) 1r yos, describe under DESCRIPTION ,...Q.E_ OPERATIONS below ALTERNATE EMPLOYER USL&H ENDORSEMENT MARITIME EMPLOYERS LIABILITY OCSL ACT U.S. LONGSHORE & HARBOR WORKERS �MPENSATION ACT .L ALTERNATE EMPLOYER .L MARITIME EMPLOYERS LIABILITY OCSL ACT AIRCRAFT LIABILITY -OWNED AIRCRAFT -NON-OWNED AIRCRAFT PASSENGER LIABILITY UMBRELLA/ EXCESS LIAB / BUMBERSHOOT t-GJ BUMBERSHOOT UMBRELLA t-EXCESS t-CLAIMS MADE [2J OCCUR t-OED n RETENTION$ ENERGY CONTROL OF WELL/ OPERA TORS EXTRA EXPENSE D CARE, CUSTODY AND CONTROL (CCC) OFFSHORE OIL AND GAS PROPERTY -PLATFORMS -PIPELINES -- ONSHORE OIL AND GAS PROPERTY -OIL & GAS PROPERTY CONTRACTORS EQUIPMENT NAMED WINDSTORM n CCC n OFF-n ON-SHORE SHORE N/A N/A VESSEL(S); I AS PER ATTACHED SCHEDULE ABO 1329/21 7/1/2021 7/1/2022 WCSIG350 21903 10/1/2021 10/1/2022 54700 I USL&H 10/1/2021 10/1/2022 ABO 1330/21 7/1/2021 7/1/2022 EACH OCCURRENCE ��t�J9ie���encel MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP / OP AGG Owners & Contractors WA Stop Gap COMBINED SINGLE LIMIT !Ea accldenll BODILY INJURY (Per person) BODILY INJURY (Per accidenl) PROPERTY DAMAGE fPer accidenll IZl r�TIITI' 0 OTH· ER E.L. (Each accident) E.L. DISEASE (Ea employee) E.L. DISEASE -POLICY LIMIT IZl ��:Tl ITI' DOTH• ER E.L. (Each accident) E.L. DISEASE (Ea employee) E.L. DISEASE -ANN AGG EACH OCCURRENCE AGGREGATE EACH OCCURRENCE AGGREGATE CSL, ANY ONE OCCURRENCE (100% interest) ANY ONE OCCURRENCE 1100% lntnrostl VALUES AS SCHEDULED VALUES AS SCHEDULED VALUES AS SCHEDULED VALUES AS SCHEDULED AGGREGATE I I AS DETAILED IN THE DESCRIPTION OF OPERATIONS DESCRIPTION OF OPERATIONS / LOCATIONS (ACORD 101, Additional Remarks Schedule, may be attached, If more space is required) $1 nnn nnn $50 000 $5 000 $1 nnn nnn $., nnn nnn S 1 nnn nnn S1000 000 S1000 000 s $ $ $ $1 nnn nnn s 1 nnn nnn s1000 000 $ $ $ $ s 1000 000 $1000 000 $1000 000 $ $ $ $ $ $ $14,000,000 $14 000 000 $ $ s $ $ $ $ $ $ $ s Re: Gene Coulon Memorial Beach Park Trestle Bridge Replacement/ Contract CAG-22-012. City of Renton Is included as additional insured in respect to General and Umbrella Liability as required by written contract and in accordance with policy terms and conditions. This coverage to be primary and non-contributory. ACORD 31 (2016/03) Page 2 of 2 67318628 I ACC I 21-22 Master Certificate I Brenda Migota I 3/23/2022 9:03:41 AM (PDT) I Page 2 of 2 Client#· 111732 AMERCONS1 ACORD,. CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD/YYYY) 3/23/2022 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURED American Construction Co Inc 1501 Taylor Way Tacoma, WA 98421-4100 COVERAGES CERTIFICATE NUMBER: ijf�I�cT Shamel Di Vona r.ngNJo Extl: 800 499-0933 I {A/C Nol: 866 577-1326 ��D1i�ss, sharnel.divona@propelinsurance.com INSURER(S) AFFORDING COVERAGE NAIC# INSURER A : Indian Harbor Insurance Company 36940 INSURER B : Ohio Security Insurance Company 24082 INSURER C: INSURER D: INSURl:R E: INSURER F; 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. INSR LTR B A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY -D CLAIMS-MADE OoccuR - GEN'L AGGREGATE LIMIT APPLIES PER: =i □PRO-POLICY JECT OTHER: AUTOMOBILE LIABILITY -X ANYAUTO--OWNED AUTOS ONLY -X HIRED X AUTOS ONLY -- nLOC SCHEDULED AUTOS NON-OWNED AUT OS ONLY UMBRELLA LIAB H OCCUR EXCESS LIAB CLAIMS-MADE OED I I RETENTION s WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY y / N ANY PROPRJETOR/PART�ER/EXECUllVE□ OFFICER/MEMBER EXCL OED? (Mandatory in NH) g��c�:'i;-\:1�� ot'6P5RA TIONS below Contr Pollution Contr Prorl Liab Policy Aoareaate ADDL SUBR INSR WVD N/A LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY EFF POLICY EXP LIMITS POLICY NUMBER IMM/00/YYYYl_ : fMM/DO/YYYYl EACH OCCURRENCE $ �AMAG� 1?£RENTED REMIS S Ea occurrence) sMED EXP (Any one pci,;on] s PERS ONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS · C OM P/OP AGG $ s BAS60007672 07/01/2021 07/01/2022 f�������tf1NGLE LIMIT s1,000,000 B ODILY INJURY (Per person) sBODILY INJURY (Per accident) S rp��:t�1�AMAGE $ $ EACH OCCURRENCE $ AGGREGATE s s l���T• ITC I 12JH·E L. EACH ACCIDENT s E.L. DISEASE. EA EMPLOYEE S E.L. DISEASE· POLICY LIMIT sPEC004616506 07/01/2021 07/01/2022 $10,000,000/$25k ded $5,000,000/$25k ded $10,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Gene Coulon Memorial Beach Park Trestle Bridge Replacement, CAG-22-012. Additional Insured Status applies per attached form(s). CERTIFICATE HOLDER CANCELLATION City of Renton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1055 Grady Way ACCORDANCE WITH THE POLICY PROVISIONS. Renton, WA 98057 AUTHORIZED REPRESENTATIVE .f;.:..... A·'-#.-_() ........ I ... ,-© 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S5059139/M4674004 KTROO This page has been left blank intentionally. I.Emergency Remediation Expense means reasonable and necessary Remediation Expense incurred on an emergency basis, that you establish and we determine reasonable and necessary to mitigate the immediate effects of the Pollution Condition in light of the liability covered under this Policy that can be avoided or reduced by such mitigation. J.Environmental Damage means physical damage into or upon land or structures thereupon, the atmosphere or any watercourse or body of water, including groundwater, caused by a Pollution Condition and resulting in Remediation Expense. Environmental Damage does not include Property Damage. K.First Named Insured means the person or entity stated in Item ( 1) of the Declarations. L Green Building Materials means building products or materials that are recognized by The Leadership in Energy and Environmental Design (LEED®), Green Globes Assessment and Rating System, International Green Construction Code or Energy Star as: 1.being environmentally preferable or sustainable; or 2.providing enhanced energy efficiency. M.Insured means each of the following: 1.the First Named Insured; 2.the Named Insured; 3.the Named lnsured's current and former directors, partners, principals, members, officers, stockholders, or trustees, but solely while acting within the course and scope of their duties as such; 4.the Named lnsured's current and former employees, including Leased Worker, but solely within the course and scope of their employment or lease agreement; 5.the Named lnsured's heirs, executors, administrators, assigns or legal representatives in the event of death, incapacity or bankruptcy, but only with respect to the liability of the Named Insured otherwise insured herein; 6.any Predecessor in Interest; 7.any entity newly formed or acquired by the Named Insured during the Policy Period where the Named Insured has greater than fifty percent (50%) ownership, control, or beneficial interest, provided however that a.coverage shall be provided only for Professional Loss and Protective Loss arising out of Professional Services or Design Professional Services or Pollution Loss and Pollution Protective Loss arising out of Contracting Services or Subcontractor Services, for services performed on or after the date of formation or acquisition, subject to the Retroactive Date; and b.this coverage shall expire at the end of the Policy Period or within ninety (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity and we agree to accept coverage and issue an endorsement confirming coverage; 8.the Named lnsured's participation in a legal entity including a limited liability company or joint venture, but only to the extent of the Named lnsured's legal liability for its rendering or failure to EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 7 of 28 May not be copied without permission. render Professional Services or Contracting Services under the respective legal entity or joint venture. 9.Solely with regard to SECTION I - INSURING AGREEMENTS, 8.1. Job Site Coverage -Occurrence, 8.2. Transportation Coverage and 8.5. Non-Owned Disposal Site Coverage, any person or entity, including a Client, as required by a written agreement signed by the Named Insured, but only for: a.a Pollution Condition caused by Contracting Services; and b.the liability of the person or entity that results from the performance of the Named lnsured's Contracting Services, provided that such written agreement is signed by the Named Insured prior to the commencement of the Pollution Condition. Any insurance afforded under the terms and conditions of this Policy shall be limited to the scope of coverage required by such agreement and shall be limited to the lesser of the amount of the limits of liability required by such written agreement or the Limits of Liability under this Policy. In no event shall we be liable for any amounts in excess of the Limits of Liability shown in Item (3) and Item (4) 8.Pollution Coverages of the Declarations. N.Insured Contract means that part of any written agreement under which, the Named Insured assumes the tort liability of another party to pay compensatory damages for Bodily Injury, Property Damage or Environmental Damage, to a third-person or entity, provided that such written agreement is signed by the Named Insured prior to the Bodily Injury, Property Damage or Environmental Damage. Tort liability means a liability that would be imposed by law in the absence of any agreement. 0.Job Site means the location where Contracting Services are rendered. Job Site does not include: 1.any location that is owned, rented, leased, used, or occupied by you except for: a.a location owned, rented, leased, or occupied by the Client; or b.a location that is rented, leased, or occupied (but not owned) by the Named Insured and is used on a temporary basis by you for a single project only, during the course of providing Contracting Services for such single project. 2.a Non-Owned Disposal Site or Your Location. P.Leased Worker means a person leased to you, by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. Q.Legal Expense means legal costs, charges and expenses incurred in the investigation or defense of a Claim arising from Professional Services or Contracting Services, provided such costs, charges and expenses are authorized by us. Legal Expense does not include the time and expense incurred by you in assisting us in the investigation or resolution of a Claim including, but not limited to, the costs of your in-house counsel, salary charges of your regular employees or officials, and fees and expenses of counsel retained by you, except as provided by SECTION II -SUPPLEMENTAL COVERAGES, D. Litigation Expense Coverage. Legal Expense also does not include salary charges of our employees. Legal Expense does not include any legal costs, charges and expenses incurred in relation to Rectification Expense, Emergency Remediation Expense or to any legal costs or expenses incurred by you in the EVPCPocCP 0618 © 2018 X.L. America, Inc. All Rights Reserved. Page 8 of 28 May not be copied without permission. COMMERCIAL AUTO AC 85 01 06 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. If the policy to which this endorsement is attached also contains a Business Auto Coverage Enhancement Endorsement with a specific state named in the title, this endorsement does not apply to vehicles garaged in that specified state. COVERAGE INDEX SUBJECT ACCIDENTAL AIRBAG DEPLOYMENT ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS AMENDED FELLOW EMPLOYEE EXCLUSION AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE BODILY INJURY REDEFINED PROVISION NUMBER 13 4 21 6 15 25 EMPLOYEES AS INSUREDS (Including Employee Hired Auto) 3 EXTRA EXPENSE - BROADENED COVERAGE 11 GLASS REPAIR-WAIVER OF DEDUCTIBLE 17 HIRED AUTO COVERAGE TERRITORY 23 HIRED AUTO PHYSICAL DAMAGE (Including Employee Hired Auto) 7 LOAN / LEASE GAP (Coverage Not Available In New York) 16 NEWLY FORMED OR ACQUIRED SUBSIDIARIES 2 PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) 18 PERSONAL EFFECTS COVERAGE 12 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 9 PHYSICAL DAMAGE DEDUCTIBLE -VEHICLE TRACKING SYSTEM 14 PRIMARY AND NON-CONTRIBUTORY -WRITTEN CONTRACT OR WRITTEN AGREEMENT 24 RENTAL REIMBURSEMENT 10 SUPPLEMENTARY PAYMENTS 5 TOWING AND LABOR 8 TRAILERS -INCREASED LOAD CAPACITY 1 TWO OR MORE DEDUCTIBLES 19 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 20 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 22 SECTION I -COVERED AUTOS is amended as follows: 1.TRAILERS-INCREASED LOAD CAPACITY The following replaces Paragraph C.1. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I -COVERED AUTOS: "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. © 2017 Liberty Mutual Insurance AC 85 010618 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 1 of 7 SECTION II -LIABILITY COVERAGE is amended as follows: 2.NEWLY FORMED OR ACQUIRED SUBSIDIARIES SECTION II -LIABILITY COVERAGE, Paragraph A.1. -Who Is An Insured is amended to include the following as an "insured": d.Any legally incorporated subsidiary of which you own more than 50 percent interest during the policy period. Coverage is afforded only for 90 days from the date of acquisition or formation. However, "insured" does not include any organization that: (1)Is a partnership or joint venture; or (2)Is an "insured" under any other automobile policy except a policy written specificall y to apply in excess of this policy; or (3)Has exhausted its Limit of Insurance or had its policy terminated under any other automobile policy. Coverage under this provision d. does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 3.EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": e.Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorsement is excess over any other insurance available to any "employee". f.Any "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 4.ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured is amended to include the following as an "insured": g.Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, written agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an "insured". However, such person or organization is an "insured": (1)Only with respect to the operation, maintenance or use of a covered "auto"; (2)Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or written agreement, or the permit has been issued to you; and (3)Only for the duration of that contract, agreement or permit. The "insured" is required to submit a claim to any other insurer to which coverage could apply for defense and indemnity. Unless the "insured" has agreed in writing to primary noncontributory wording per enhancement number 24, this policy is excess over any other collectible insurance. 5.SUPPLEMENTARY PAYMENTS SECTION II -LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, Paragraphs (2)and (4) are replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 2 of 7 6. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow "employees" are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provi sion is added: SECTION II -LIABILITY, Exclusion B.5. Fellow Employee does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire if you have workers compensation insurance in force for all of your "employees" at the time of "loss". This coverage is excess over any other collectible insurance. SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended as follows: 7.HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a.You hire, rent or borrow; or b.Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: a.The most we will pay for "loss" in any one "accident" or "loss" is the smallest of: (1)$50,000; or (2)The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3)The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. b.The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. c.Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. d.Subject to a maximum of $1,000 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. e.This coverage extension does not apply to: (1)Any "auto" that is hired, rented or borrowed with a driver; or (2)Any "auto" that is hired, rented or borrowed from your "employee" or any member of your "employee's" household. Coverage provided under this extension is excess over any other collectible insurance available at the time of "loss". 8.TOWING AND LABOR SECTION Ill -PHYSICAL DAMAGE COVERAGE, Paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is disabled: a.For private passenger type vehicles, we will pay up to $75 per disablement. b.For "light trucks", we will pay up to $75 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW) of 10,000 pounds or less. c.For "medium trucks" , we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 3 of 7 9.PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a. Coverage Extensions, Transportation Expenses of SECTION Ill -PHYSICAL DAMAGE COVERAGE, is amended to provide a limit of $50 per day and a maximum limit of $1,500. 10.RENTAL REIMBURSEMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: a.We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those ex penses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b.Rental Reimbursement requires the rental of a comparable or lessor vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c.We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". This limit is excess over any other collectible insurance. d.This coverage does not apply unless you have a business necessity that other "autos" available for your use and operation cannot fill. e.If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4. Coverage Extension. f.No deductible applies to this coverage. g.The insurance provided under this extension is excess over any other collectible insurance. If this policy also provides Rental Reimbursement Coverage you purchased, the coverage provided by this Enhancement Endorsement is in addition to the coverage you purchased. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 12.B. 11.EXTRA EXPENSE • BROADENED COVERAGE Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is $1,000. 12.PERSONAL EFFECTS COVERAGE A. SECTION Ill -PHYSICAL DAMAGE COVERAGE, A. Coverage, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B.SECTION V -DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an "insured." "Personal effects" does not include tools, equipment, jewelry, money or securi ties. 13.ACCIDENTAL AIRBAG DEPLOYMENT SECTION Ill -PHYSICAL DAMAGE COVERAGE, B. Exclusions is amended by adding the following: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other coverage or warranty. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 4 of 7 14.PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM SECTION Ill -PHYSICAL DAMAGE COVERAGE, D. Deductible, is amended by adding the following: Any Comprehensive Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global position device and that device was the method of recovery of the vehicle. 15.AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION Ill -PHYSICAL DAMAGE COVERAGE, 8. Exclusions, Paragraph a. of the exception to exclu sions 4.c. and 4.d. is deleted and replaced with the following: Exclusions 4.c. and 4.d. do not apply to: a.Electronic equipment that receives or transmits audio, visual or data signals, whether or not de signed solely for the reproduction of sound, if the equipment is: (1)Permanently installed in the covered "auto" at the time of the "loss" or removable from a housing unit that is permanently installed in the covered "auto"; and (2)Designed to be solely operated by use from the power from the "auto's" electrical system; and (3)Physical damage coverages are provided for the covered "auto". If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a $100 deductible. 16.LOAN / LEASE GAP COVERAGE (Not Applicable In New York) A.Paragraph C. Limit Of Insurance of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a.Overdue payments and financial penalties associated with those payments as of the date of the "loss"; b.Financial penalties imposed under a lease due to high mileage, excessive use or abnormal wear and tear; c. Costs for extended warranties, Credit life Insurance, Health, Accident or Disability Insur- ance purchased with the loan or lease; d.Transfer or rollover balances from previous loans or leases; e.Final payment due under a "Balloon Loan"; f.The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto"; g.Security deposits not refunded by a lessor; h.All refunds payable or paid to you as a result of the early termination of a lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto"; i.Any amount representing taxes; j.Loan or lease termination fees; or 2.The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition will be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. 8.Additional Conditions This coverage applies only to the original loan for which the covered "auto" that incurred the "loss" serves as collateral, or lease written on the covered "auto" that incurred the "loss". © 2017 Liberty Mutual Insurance AC 850106 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 5 of 7 C.SECTION V -DEFINITIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 17.GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 18.PARKED AUTO COLLISION COVERAGE (WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION Ill -PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to "loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a.In the charge of an "insured"; b.Legally parked; and c.Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of any person or organization engaged in the automobile business. 19.TWO OR MORE DEDUCTIBLES Under SECTION Ill -PHYSICAL DAMAGE COVERAGE, if two or more company policies or coverage forms apply to the same "accident", the following applies to Paragraph D. Deductible: a. If the applicable Business Auto deductible is the smaller (or smallest) deductible, it will be waived; or b.If the applicable Business Auto deductible is not the smaller (or smallest) deductible , it will be reduced by the amount of the smaller (or smallest) deductible; or c.If the "loss" involves two or more Business Auto coverage forms or policies, the smaller (or smallest) deductible will be waived. For the purpose of this endorsement, company means any company that is part of the Liberty Mutual Group. SECTION IV -BUSINESS AUTO CONDITIONS is amended as follows: 20.UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2. is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or mat erial facts existing as of the incep tion date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission, Page 6 of 7 21.AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph A.2.a. is replaced in its entirety by the follow ing: a.In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: (1)You, if you are an individual; (2)A partner, if you are a partnership; (3)Member, if you are a limited liability company; (4)An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: (a)How, when and where the "accident" or "loss" took place; (b)The "insureds" name and address; and (c)The names and addresses of any injured persons and witnesses. 22.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us, is amended by the addition of the following: If the person or organization has in a written agreement waived those rights before an "accident" or "loss", our rights are waived also. 23.HIRED AUTO COVERAGE TERRITORY SECTION IV -BUSINESS AUTO CONDITIONS, Paragraph 8.7. Policy Period, Coverage Territory, is amended by the addition of the following: f.For "autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the "insured's" responsibility to pay for damages is determined in a "suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. 24.PRIMARY AND NON-CONTRIBUTING IF REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREE MENT The following is added to SECTION IV -BUSINESS AUTO CONDITIONS, General Conditions, 8.5. Other Insurance and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1.Such "insured" is a Named Insured under such other insurance; and 2.You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". SECTION V -DEFINITIONS is amended as follows: 25.BODILY INJURY REDEFINED Under SECTION V -DEFINITIONS, Definition C. is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. © 2017 Liberty Mutual Insurance AC 85 01 06 18 Includes copyrighted material of Insurance Services Office Inc., with its Permission. Page 7 of 7