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AG 17-102RETURN TO: 1y EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: & EXT: I `) 3. DATE REQ. BY: )4\ TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): 1 OTHER -- -< SQ_ _ Pc-EA. ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL PROJECT NAME: 4-4 1\Z 4,-- L--\./2-._ NAME OF CONTRACTOR: Ps G- \e— ADDRESS: J 1 1 v , YLJ L E -MAIL: SIGNATURE NAME: 2 _ r-‘4- Z EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS C YY '7 TELEPHONE 2S3 " 24 ' - (J ��) FAX: TITLE TERM: COMMENCEMENT DATE: ) 2 [, t J COMPLETION DATE: TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: 5/2-6 1 I 1- DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE I NED 2 ❑ L311/ DEPARTMENT PoSIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: 7 AG# 11 -102 DATE SENT: (p •(0 -11- Federal Way LEASE AGREEMENT CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835-7000 rnvav crtyo!/ederolway corn This Lease Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "Landlord "), and Active Construction, Inc., a Washington corporation ( "Lessee "). The City and Tenants (together "Parties ") are located at the below addresses which shall be valid for any notice required under this Agreement: ACTIVE CONSTRUCTION, INC.: Rosemarie Garms 5110 River Rd. E. Tacoma, WA 98443 (253)- 248 -1091 (telephone) CITY OF FEDERAL WAY: City of Federal Way Contact: Steve Ikerd 33325 8`l Ave. S. Federal Way, WA 98003 -6325 (253) 835 -6911 (telephone) (253) 835 -6969 (facsimile) Steve.ikerd@cityoffederalway.com The Parties agree as follows: 1. Premises. The City, as fee owner of certain real property described in Exhibit "A ", does hereby agree to lease to the Lessee and the Lessee does hereby agree to lease from the City a portion not to exceed 50% of the parcel, the Premises described in Exhibit "A" attached hereto and incorporated herein by this reference, constituting: Legal Description: Certain portion of property as indicated on attached Exhibit "A ", commonly known as 21st Ave S. between Town Square Park and the Transit Center. 2. Term. (a) This Agreement shall be for a term of Seventy -One (71) days, commencing on the May 26, 2017, and shall terminate on the August 4, 2017. The Lessee may elect to extend this Agreement with approval of the City. Notice of intent to extend this Agreement must be provided to the City thirty (30) days prior to the expiration of the Term. In addition, the terms and conditions of this lease shall be in full force and effect as of the date of which the Lessee obtains possession of the Premises pursuant to section 5 of the Agreement. (b) 71 days. 3. Option to Terminate. Lessee shall have the option to terminate this lease agreement prior to the Rent, In exchange for rent, the Lessee will provide surplus boulders from an existing retaining wall and existing fence materials minus posts with concrete, as described in Exhibit "B ". Initials: Tenant • - LEASE AGREEMENT Landlord 5�Z -1- 5/2014 CITY F O Federal Way 4. Possession. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederolway.com By taking possession of the Premises, the Lessee shall be deemed to have accepted the Premises as is subject to the warranty and repair work to be performed pursuant to section 8 of this Agreement. Use of the Premises shall be exclusive to the Lessee and shall not be shared by others without the written approval of the City which approval shall not be unreasonably withheld. 5. Business Purpose. The premises are to be used for the purpose of staging some construction equipment, and minor materials. Storage is associated with the 21st Avenue S. Sidewalk Improvement project. 6. Repairs and Maintenance. (a) The Lessee agrees during the term of this Agreement to keep the Premises in a condition and state of repair as good as the same shall be on the date of the Lessee's possession of the Premises pursuant to section 5 above. (b) The Lessee shall pay the full cost of all restoration of the site to received conditions. This includes restoration to the existing lawn, art pads and special crushed rock walking path with metal edging. Crushed rock for path shall only be Washington Rock "Trail Mix." (c) The Lessee shall not store any chemicals or products on site that could cause harm to the environment. hand. (d) The Lessee shall protect the ground from any equipment leaks and have spill containment kits on 7. Traffic Control. The Lessee shall provide the same level of control accessing this site as the rest of the 21st Avenue S. Sidewalk Improvement Project. 8. Indemnity /insurance. (a) The City shall not be liable for any injury to any person, or for any loss of or damage to any property (including property of the Lessee), occurring in or about the Premises from any cause whatsoever. The Lessee shall hold and save the City harmless from any and all losses, damages, liabilities, or expenses (including attorneys' fees and other expenses of litigation) resulting from any actual or alleged injury to any person, and/or from any actual or alleged loss of or damage to any property, occurring in or about the Premises from any cause whatsoever. (b) The Lessee shall, at its own expense, maintain proper liability insurance with a reputable insurance company or companies in the minimum amount of One Million and No /100 Dollars ($1,000,000.00) per incident and in the minimum amount of Three Million and No /100 Dollars ($3,000,000.00) annual aggregate to indemnify both the City and the Lessee against any such claims, demands, losses, damages, liabilities, or expenses. The City shall be named as additional insured and shall be furnished with a copy of the certificate of insurance, which shall bear an endorsement that the same shall not be canceled except upon 30 Initials: Tenant %' Landlord 5c- LEASE AGREEMENT - 2 - 5/2014 CITY F O Federal Way days prior written notice to the City. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityofederal way.. can (c) The Lessee agrees that it will not do nor permit to be done in or about the Premises any act or thing which will invalidate any insurance thereon, or increase the rate of insurance over and above the usual rate for buildings used for general business purposes, nor will the Lessee permit the Premises to be put, kept, or maintained in such condition or so occupied that the same will not be insured. (d) The Lessee hereby releases the City from liability and waives all right of recovery against the City for any loss of, in or about the Premises, from perils insured against under the Lessee's fire insurance contacts, including any extended coverage endorsements thereof, whether due to negligence or any other cause; provided, however, that this section shall be inapplicable if it would have the effect, but only to the extent it would have the effect, or invalidating any insurance coverage of the City or the Lessee. 9. Fire or Other casualty. In the event the Premises are damaged and/or destroyed by unavoidable casualty or risks covered by standard insurance to such an extent as to render any portion of the Premises untenantable, the City shall have the option to demolish, rebuild or repair the Premises. The City shall have thirty (30) days after the date of written notification by the Lessee of the happening of any such contingency in which to notify the Lessee of the City's intention to rebuild or repair the Premises or the parts so damaged. If the City elects to rebuild or repair said Premises, the City shall prosecute the work of such rebuilding or repairing without unreasonable delay. If the City fails to give said notice within said period, the Lessee shall have the right to terminate this Agreement by written notice to the City at any time prior to commencement of reconstruction or repair of the Premises. 10. Eminent Domain. In the event of a taking of all or any part of the Premises by eminent domain and such taking renders the Premises unsuitable for the activities of the Lessee, then this Agreement may at the option of either party, be terminated as of the date when the Lessee is required to vacate the portion of the Premises so taken. Exercise of said option to terminate shall be made by written notice given to the other party not more than ninety (90) days after either party has received notice of the taking, and if terminated, all rents shall be paid to the date of termination. The City reserves and accepts all rights to compensation and damages to the Premises for any taking by eminent domain, and the Lessee shall make no claim whatsoever against the City for damages for termination of its leasehold interest in the Premises or for interference with its business. The Lessee may pursue its own claim against the condemning authority for compensation and damages for loss of its leasehold interest. 11. Bankruptcy. Neither this Agreement nor any interest therein nor any estate hereby created shall pass to any trustee or receiver in bankruptcy or to any other receiver or assignee for the benefit of creditors or otherwise by operation of law. In the event that the Lessee is declared or adjudicated bankrupt, or voluntarily offers to creditors terms of composition, or in case a receiver is appointed to take charge of and conduct the affairs of the Lessee, the City may, at is option, declare this Agreement terminated and null and void, and may re -enter the Premises immediately. Nothing in this section 11 shall be construed to limit the right of the City to prove its claim in any such bankruptcy or receivership for installments of rent due and unpaid at the time of such bankruptcy or receivership regardless of whether the City elects to terminate this Agreement as provided in this 11, and acceptance of any such rent or proceeds shall not impair the City's rights to so terminate this Agreement. Initials: Tenant; LEASE AGREEMENT Landlord 51- -3- 5/2014 CITY OF 4- Federal Way 12. Assignment or Sublease. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffederofway. corn The Lessee agrees that it will not assign this Agreement, permit, or suffer any assignment hereof by operation of law, or sublet the Premises or any portion thereof, without the prior written consent of the City. No consent given by the City or under this section 12 shall have the effect of thereafter rendering inapplicable any of the restrictions contained in this section 12, but all such restrictions shall remain in full force and effect as to any subsequent transactions notwithstanding the giving of such consent. 13. The Lessee's Compliance with Laws. The Lessee shall observe, and be responsible for and bear all expenses of complying with all orders, ordinances, rules, regulations, requirements, and instructions of all municipal, state, and federal authorities relative to the Premises. The Lessee will not allow any illegal acts to be conducted on the Premises, will not overload or permit waste of or damage or injury to the Premises, and will keep all drainage pipes free and open and will protect water, heating, and other pipes from freezing so that they will not become clogged or broken. 14. Sims. Lessee may display in or upon the leased premises any signs or symbols of any nature as long as the signs meet the requirements of the Federal Way Revised Code, State law and the signs are approved by the City. 15. Inspection. The City shall have the right to inspect the Premises at all reasonable times and the right to enter the same whenever it is reasonably necessary for the exercise of any right or privilege of the City under this Agreement. Provided, however, that except in the case of an emergency, the City shall endeavor to provide the Lessee with reasonable notice prior to entering the Premises. 16. Default. (a) Time is of the essence hereof. If the Lessee shall neglect or fail to perform or observe any of the covenants or conditions contained herein on its part to be observed and performed and continue to be in default for a period of ten (10) days or, if the default be other than one due to non - payment of any sums due by the Lessee under this Agreement ten (10) days (if more than ten (10) days are required to cure any such default, the Lessee shall commence to cure such default with said days and shall faithfully pursue completion thereof as expeditiously as possible) after written notice by the City of such breach, then the City may, at its option, perform such duties or obligations for the Lessee and upon completion thereof bill the Lessee for the cost of said performance (payable immediately), and bearing interest at twelve percent (12 %) per annum, or such lesser rate as may be permitted by applicable law) or at its option the City may, without notice and immediately upon such breach, enter into and upon the Premises, or any part thereof, and repossess the same, and upon entry, as aforesaid, this Agreement, at the option of the City shall terminate and wholly expire, and the Lessee covenants and agrees that upon such termination it will indemnify the City of the cost of renovation the Premises for a new tenant and against all loss of rent which the City may incur by reason of such termination during the residue of the term of this Agreement. (b) Upon any termination of this Agreement, whether by lapse of time or otherwise, or upon termination of the Lessee's right to possession without termination of this Agreement, the Lessee shall Initials: Tenan LEASE AGREEMENT Landlord 5T- - 4 - 5/2014 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com surrender possession and vacate the Premises immediately and deliver possession thereof to the City. The Lessee hereby specifically grants to the City full and free license to enter into and upon the Premises in such event with or without process of law and to repossess itself of the Premises as of the City's former estate and to expel or remove the Lessee and any others who may be occupying or within the Premises and, at the City's option, to remove any and all property therefrom using such force as may be necessary. The Lessee hereby grants said license to enter as aforesaid to the City and/or its designated agents, who in the exercise of which shall not be deemed in any manner guilty of trespass, eviction, or forcible entry or detainer, and without relinquishment of the City's rights to rent or any other right given to the City hereunder or by operation of law. The Lessee expressly waives the service of any demand for the payment of rent or for possession and, except for notice provided in section 16(a), the Lessee expressly waives service of any notice of the City's elections to terminate this Agreement or to re -enter the Premises, including any statute or other law, and agrees that the simple breach of any covenant or provision of this Agreement by the Lessee shall, of itself, without the service of any notice of demand whatsoever, constitute a forcible and/or unlawful detainer on the Premises by the Lessee. 17. No Waiver. No failure by either of the Parties to exercise any of the remedies available to it by the terms of this Agreement, or by operation of law, upon any breach of this Agreement by the Lessee or upon any default hereunder by the Lessee shall constitute a waiver by the City of any other breach or default by the Lessee, or any subsequent like breach or default; and the acceptance of rent hereunder by the City shall in no event constitute a waiver by the City of any breach or default unless the City specifically intends it is so to do advises of such fact in writing. 18. Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 19. Holding Over. Any holding over and continued occupancy by the Lessee after the expiration of the term herein created shall be on a tenancy from month to month, and either party hereto shall have the right to terminate the same by giving twenty (20) days' written notice of its intention to terminate said tenancy. 20. Notices. All notices herein provided or permitted to be given by either the City or the Lessee to the other may be given by enclosing the same in a sealed envelope properly addressed to the other and depositing the same, registered with postage prepaid thereon, in the United States Post Office, and service shall be deemed complete at the time of such deposit. For the purpose of this section, the address of the Lessee shall be 5110 River Rd. E., Tacoma, WA 98443, and the address of the City shall be 33325 8th Ave. South, Federal Way, WA 98003, subject to the right of either party to designate by notice in writing to the other a new address to which said notice shall be sent. Initials: Tenant LEASE AGR MENT Landlord ST - 5 - 5/2014 CITY OF ., Federal Way 21. Successors and Assigns. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atynfledernlway. com This Agreement shall be binding upon and for the benefit of the City and the Lessee, and their respective successors and assigns; provided that no assignment by the Lessee, or by operation of law, which violates any of the terms of this Agreement shall vest any rights in the assignee. 22. Signature Authority. It is hereby acknowledged that the Lessee's signatory of this Agreement has the authority to so sign and bind the Lessee in its entirety. 23. General Provisions. This Agreement contains all of the Agreements between the City and the Lessee with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 24. Headings. The headings herein contained are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of intent of this Agreement or in any way affect the terms and provisions hereof. 25. No commission. The City and the Lessee agree that there is no commission due to any broker upon execution of this Agreement. 26. Severability. If any provision of this Agreement is held invalid for any reason whatsoever, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to that end, provisions of this Agreement are declared to be severable. [Signature page follows] Initials: Landlord SZ LEASE AGREEMENT - 6 - 5/2014 CITY OF .�.., Federal Way 21. Successors and Assigns. CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www.cityoffederalway.com This Agreement shall be binding upon and for the benefit of the City and the Lessee, and their respective successors and assigns; provided that no assignment by the Lessee, or by operation of law, which violates any of the terms of this Agreement shall vest any rights in the assignee. 22. Signature Authority. It is hereby acknowledged that the Lessee's signatory of this Agreement has the authority to so sign and bind the Lessee in its entirety. 23. General Provisions. This Agreement contains all of the Agreements between the City and the Lessee with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 24. Headings. The headings herein contained are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope of intent of this Agreement or in any way affect the terms and provisions hereof. 25. No commission. The City and the Lessee agree that there is no commission due to any broker upon execution of this Agreement. 26. Severability. If any provision of this Agreement is held invalid for any reason whatsoever, such invalidity shall not affect any other provision which can be given effect without the invalid provision, and to that end, provisions of this Agreement are declared to be severable. [Signature page follows] Initials: Tenant, Landlord 51- LEASE AGREEMENT - 6 - 5/2014 Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www atyoffederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: ACTIVE CONSTRUCTION INC.: By: baui4 CCcccan4: � PraCrcleni- DATE: UUvtt, i) 2011 STATE OF WASHINGTON ) ) ss. COUNTY OF'PiCfce. ATTEST: City Clerk, Stephanie Courtney, CMC APPROVED AS TO FORM: City Attorney, Ryan Call On this day personally appeared before me bavitt , to me known to be the ?rtsccler1+ of .Ack■ve Chrstfuc4-ioh lnC. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. ALA- GIVEN my hand and official seal this /34- day of Tune_ , 20fd'I.7 Initials: Tenant l LEASE AGREEMENT A YUar'la L. Sarpstn (typed /printed nafne of notary) Notary Public in and for the State of Washington. My commission expires IQ- 36 - 2018 Landlord 'iT. -7- 5/2014 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. atyoffeder8Avay com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: J I DATE: Mayor IP/5/r? ACTIVE CONSTRUCTION INC.: By: bov 4 Ctccan4-: Preculent- DATE: 5 Alta, i 2.011 STATE OF WASHINGTON ) COUNTY OF 'PtefCL'. ) ss. ATTEST: /0/C erk, Stephanie Courtn MC APPROVED AS TO FORM: City Attorney, Ryan Call On this day personally appeared before me Davit to cram', , to me known to be the Prig of .Aek■r Chnetr►ir+iah h . that executed the foregoing instrument, and acknowledged the said instrument to be thefree and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 1St- day of Tune_ , 209'0 G 3424 (typed/printed nafne of notary) • +".,r c" Notary Public in and for the State of Washington. NOTAAk My commission expires 10- 30 -2016 • v. PusLiG Initials: Tenant LEASE AGREEMENT Landlord -7- 5/2014 CIiY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway. com EXHIBIT "A" PREMISES AREA Parcel A, City of Federal Way Boundary Line Adjustment No. 03- 102586 -00, recorded under Recording Number 20040202900009, in King County, Washington, being a portion of the following described property; Lot 2 of King County Short Plat Number 182027 as recorded under Recording Number 84031140752, said Short Plat defined as follows: The west half of the southeast quarter of the southwest quarter of Section 9, Township 21 North, Range 4 East, W.M., in King County, Washington; EXCEPT the south 825 feet thereof, AND EXCEPT portions thereof conveyed to King County for street purposes by deed recorded under Recording Numbers 7801200908, 7801200911 and 20060501000710. Initials: Tenant Landlord , RESIDENTIAL LEASE AGREEMENT - 8 - 5/2014 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www. crtyoffederalwey. com EXHIBIT "B" SCOPE OF SERVICES The Lessee will provide surplus boulders from an existing retaining wall and existing fence materials minus posts with concrete. Initials: Tenant Landlord ST- RESIDENTIAL LEASE AGREEMENT - 9 - 5/2014 • ACTICONS3 ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 6/01/2017 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 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 Propel Insurance Tacoma Commercial Insurance 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 CONTACT Anna Reid NAME: PHONE (A/C, No, Ext): 800 499-0933 FAX (A/C, No): 866 577 -1326 E -MAIL ADDRESS: anna.reid@propelinsurance.com P INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Valley Forge Insurance Company 20508 INSURED Active Construction Inc PO Box 430 Puyallup, WA 98371 -0162 INSURER B : Continental Casualty Company 20443 INSURER C • National Fire Ins Co of Htfd 20478 INSURER D: MED EXP (Any one person) INSURER E • INSURER F : X OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM /DDNEYYY) 06/15/2016 (MM /DD/YEYYY) 06/15/2017 LIMITS EACH OCCURRENCE $ 1,000,000 A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X X 5093447379 DAMAGE TO RENTED $500,000 $15 000 MED EXP (Any one person) CLAIMS -MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 $2,000,000 X PD Ded:5,000 GENERAL AGGREGATE PRODUCTS - COMP /OP AGG $ 2,000,000 GEN'L AGGREGATE POLICY X LIMIT APPLIES PRC O T JE PER: LOC $ C AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS _ X SCHEDULED AUTOS AUT- OWNED X X 5093447351 06/15/2016 06/15/2017 (Ea acccdeDt) INGLE LIMIT J1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per DAMAGE rr a cdent) $ $ B x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 5093447365 06/15/2016 06/15/2017 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 $ DED X RETENTION $10000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N 1 A 5093447379 WA Stop Gap ONLY 06/15/2016 06/15/2017 II ITORY IAIMITS I )FRH E.L. EACH ACCIDENT $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space's required) RE: ACI Job No. 17 -009 / 21st Avenue S (S 320th St to S 316th St) Pedestrian Improvements; Leased land at W. half of SE quarter of SW quarter of Section 9, TWSP 21 N; Ragen 4E, Federal Way, WA. The City of Federal Way, are included as Additional Insured per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 1 #S2725191/M2460759 © 1988 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AMR00 This page has been left blank intentionally. CNA Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non- Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability - Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury — Exception for Reasonable Force 11. General Aggregate Limits of Insurance — Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures /Partnership /Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non -owned Aircraft Coverage 19. Non -owned Watercraft 20. Personal And Advertising Injury — Discrimination or Humiliation 21. Personal And Advertising Injury - Contractual Liability 22. Property Damage - Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation — Blanket 26. Wrap -Up Extension: OCIP CCIP, or Consolidated (Wrap -Up) Insurance Programs CNA74705XX (1 -15) Page 1 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co -owner of Insured Premises A co -owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co- owner's liability for bodily injury, property damage or personal and advertising injury as co -owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. CNA74705XX (1 -15) Page 2 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products - completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, CNA74705XX (1 -15) Page 3 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products - completed operations hazard. 2. ADDITIONAL INSURED - PRIMARY AND NON - CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY — EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. CNA74705XX (1 -15) Page 4 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Contractors' General Liability Extension Endorsement But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing- business -as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products - completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or CNA74705XX (1 -15) Page 5 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product - completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY — RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data - related Liability Damages arising out of: CNA74705XX (1 -15) Page 6 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD -ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. CNA74705XX (1 -15) Page 7 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 10. EXPECTED OR INTENDED INJURY — EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE - PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products - completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products - completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products - completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products - Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. CNA74705XX (1 -15) Page 8 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare /Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: CNA74705XX (1 -15) Page 9 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Contractors' General Liability Extension Endorsement i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co- employee while in the course of the co- employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co- volunteer worker while performing duties related to the conduct of the Named Insured's business; and CNA74705XX (1 -15) Page 10 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap -up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP -UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated (wrap -up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: j• Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or CNA74705XX (1 -15) Page 11 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products - completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. CNA74705XX (1 -15) Page 12 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @ @ @ @ @ @ @ @ @ @ @ @ @ @; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and This Paragraph B. does not apply to medical expenses incurred in the state of Missouri. 18. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: CNA74705XX (1 -15) Page 13 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY — DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. CNA74705XX (1 -15) Page 14 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Contractors' General Liability Extension Endorsement Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY — DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY — DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B — Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE — ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: CNA74705XX (1 -15) Page 15 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. C'NA Contractors' General Liability Extension Endorsement A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products - completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP -UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap - up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP -UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs ( O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above - referenced endorsement: With respect to a consolidated (wrap -up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products - completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap -up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap -up) insurance program. CNA74705XX (1 -15) Page 16 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. art Contractors' General Liability Extension Endorsement C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap -up) insurance program means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program ( O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college /university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP -UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX (1 -15) Page 17 of 17 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This page has been left blank intentionally. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products - Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part, including any such person or organization, if any, specifically set forth on the Schedule attachment to this endorsement. However, such person or organization is an Insured only with respect to such person or organization's liability for: A. unless paragraph B. below applies, 1. bodily injury, property damage, or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured's ongoing operations as specified in such written contract; or 2. bodily injury or property damage caused in whole or in part by your work and included in the products - completed operations hazard, and only if a. the written contract requires the Named Insured to provide the additional insured such coverage; and b. this coverage part provides such coverage. B. bodily injury, property damage, or personal and advertising injury arising out of your work described in such written contract, but only if: 1. this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard; and 2. the written contract specifically requires the Named Insured to provide additional insured coverage under the 11 -85 or 10 -01 edition of CG2010 or the 10 -01 edition of CG2037. 11. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. III. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV. Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance, this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. However, if this insurance CNA75079XX (1 -15) Page 1 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products - Completed Operations Coverage Endorsement is required by written contract to be primary and non - contributory, this insurance will be primary and non- contributory relative solely to insurance on which the additional insured is a named insured. V. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non - contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (1 -15) Page 2 of 2 Policy No: Endorsement No: Effective Date: Insured Name: Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section 11 — Covered CA 20 48 10 13 Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. 00020005150934473515098 POLICY NUMBER: COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ACTIVE CONSTRUCTION, INC. Endorsement Effective Date: 6/15/ 2 016 SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 This page has been left blank intentionally. JOINT CONSENT IN LIEU OF A SPECIAL MEETING OF THE BOARD OF DIRECTORS AND SHAREHOLDERS OF ACTIVE CONSTRUCTION, INC. The undersigned, being all of the Directors and Shareholders of Active Construction, Inc., a Washington corporation, (the "Corporation ") by this instrument in lieu of meeting of the Corporation's Directors and Shareholders, consent to the adoption of the following resolutions, which resolutions will be deemed adopted when all of the Directors and Shareholders have signed this Consent and waive any notices required by law with respect thereto: RATIFICATION OF STOCK PURCHASE AGREEMENT RESOLVED, that the Stock Purchase and Sale Agreement Between David R. Berglund, David Ceccanti, Rosemarie A. Germs, Dennis D. Kooker and Scott D. Morse, "Purchasers "; Walter H. Smith, "Seller" and the Corporation dated as of January 1, 2005, attached hereto as Exhibit A, is hereby ratified, confirmed and adopted in all respects. RATIFICATION OF SHAREHOLDER AGREEMENT RESOLVED, that the Shareholder Agreement dated January 1, 2005, by and between the Corporation and David R. Berglund, .David Ceccanti, Rosemarie A. Garms, Dennis D. Kooker and Scott D. Morse, (the "Shareholder Agreement ") attached hereto as Exhibit B, is hereby ratified, confirmed and adopted in all respects. RATIFICATION OF EMPLOYMENT AGREEMENTS RESOLVED, that the Employment Agreements dated January 1, 2005, by and between the Corporation and David R. Berglund, David L. Ceccanti, Rosemarie A, Garms, Dennis Kooker and Scott D. Morse a respectively, attached hereto as Exhibits C through G, are hereby ratified, confirmed and adopted in all respects. RESOLVED, that the Employment Agreements dated February 11, 2005, by and between the Corporation and Walter H. Smith, attached hereto as Exhibit H, is hereby ratified, confirmed and adopted in all respects the persons for whom facsimile signatures may be used in place of their actual signatures and the form of such facsimile signatures. 2. Any and all banks respectively in which accounts are or shall be maintained by the Corporation are hereby authorized and directed to honor checks, drafts or other orders for the payment of money signed and countersigned respectively by the persons and in the manner designated from time to time by such letters, including checks, drafts or other orders for the payment of money bearing facsimile signatures authorized by such person even if such signatures have been affixed by unauthorized use of the Corporation's facsimile signature devices. 3. David Ceccanti is hereby authorized to act by similar letters to (a) revoke the authority of any and all persons theretofore authorized to sign or countersign, (b) designate additional persons to sign or countersign as aforesaid, and (c) designate additional persons for whom facsimile signatures may be used in place of their actual signatures and the form of such facsimile signatures. GENERAL CONTRACTING AUTHORITY RESOLVED, that David Ceccanti is hereby authorized to commit the Corporation to the purchase, sale or lease, as lessor or lessee, or as a participant in any such transaction, of real or personal property, tangible or intangible, or products or services, to make or participate in any such purchase, sale or lease on credit, and to execute contracts, leases, deeds, bills of sale, easements, trust agreements, guarantees, indemnities, licenses and permits and other instruments with respect to any of the foregoing and that the person named above, shall have the authority to delegate in writing all or any part of such authority to such person or persons as he may from time to time deem advisable, the authority so delegated to remain in full force and effect in accordance with the terms of the delegation; and that the person named above, is authorized to revoke in writing the authority of said designated person or persons. GENERAL AUTHORITY RESOLVED, that any and all actions taken by the officers of the Corporation, or any of them, as deemed by such officers to be necessary or advisable to effectuate the transactions contemplated by the foregoing resolutions, whether prior to or subsequent to this action by this Board of Directors, are hereby authorized, approved and ratified, and the taking of any and all such actions and the performance of any and all such things in connection with the foregoing shall conclusively establish such officers' authority therefor from the Corporation and the approval and ratification thereof by this Board of Directors. RATIFICATION OF INDEMNIFICATION AGREEMENT RESOLVED, that the indemnification Agreement by and between the Walter H. Smith, "Seller ", and the Corporation, David R. Berglund, David Ceccanti, Rosemarie A. Garms, Dennis D. Kooker and Scott D. Morse "Purchasers" dated January 1, 2005 and amended June 2, 2005, attached hereto as Exhibit I, is hereby ratified, confirmed and adopted in all respects. NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS RESOLVED, that the number of directors serving on the board of Directors shall be seven (7). APPOINTMENT OF DIRECTORS TO FILL VACANCY RESOLVED, that pursuant to Section 9,4 of the Shareholder Agreement the following persons are hereby appointed to fill vacancies on the Board of Directors the Corporation, each for a term expiring on his or her death, resignation or removal from the Board, or the election of a successor to the Board: Ann Meeks Walter Smith CONFIRMATION OF MEMBERS OF TIIE BOARD OF DIRECTORS RESOLVED, that the following persons hereby comprise the current Board of Directors of the Corporation, each serving for a term expiring on his or her death, resignation or removal from the Board, or the election of a successor to the Board: David R. Berglund David Ceccanti Rosemarie A. Garms Dennis D, Kooker Scott D. Morse Ann Meeks Walter Smith GENERAL BANKING AND SIGNATORY RESOLUTION RESOLVED, that David Ceccanti is hereby authorized to make the following designations by letter signed by him: (a) to designate banks in which accounts shall be maintained by such Corporation; (b) to designate the persons who shall have authority to sign and the persons who shall have authority to countersign checks, drafts or other orders for the payment of money drawn in the name of the Corporation on any and all regular, payroll or other special bank accounts maintained by the Corporation and (c) to designate This consent may be signed in counterparts. Date Signed: March 8, 2006 Date Signed: March 8, 2006 Date Signed: March 8, 2006 David R. Be d, Director & Shareholder David Ceccanti, Director & Shareholder , 4 c-41,4en-iftl Ro mary A. Gams, Director & Shareholder Date Signed: March 8, 2006 (.4.-Mennis D. Kooker, Director & Shareholder Date Signed: March 8, 2006 . Morse, Director & Shareholder