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06-105.00 Standard Plumbing: CenterPlace HVAC Maintenance 1 1 '' O loG MAINTENANCE AGREEMENT I PROGRAMMED Prepared for: City of Spokane Valley : Centerplace Building 2426 N Discovery Pl. Spokane, WA 99216 Prepared by: Don Smet B STANDARD PLUMBING - HEATING - CONTROLS CORP. 10419 E.TRENT SPOKANE,WASHINGTON 99206-4515 (509) 922-1717 FAX NO. (509) 927-4448 . 1 1664 :., rs,.tgsA ' e:......,a.14-4,..;:;!-:4;r•':� , Y13•;:/,',:-';-w_4;•.0,-. _.. PROPRIETARY TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 3 2. BENEFITS OF PROGRAMMED MAINTENANCE 4 2.1. ENERGY DOLLAR SAVINGS 4 2.2. OPERATING COST SAVING 4 2.3. ELIMINATION OF EXPENSIVE DOWN TIME 5 2.4. EXTENDING EQUIPMENT LINE 5 2.5. IMPROVED INDOOR AIR QUALITY 5 2.6. INCREASED COMFORT CONTROL 5 2.7. PROGRAMMED MAINTENANCE PERFORMED AROUND YOUR SCHEDULE 5 2.8. INCLUDES ENGINEERING SUPPORT 5 2.9. GUARANTEED PRIORITY EMERGENCY SERVICE RESPONSE 5 3. PROGRAM IMPLEMENTATION TEAM 6 4. PROGRAM FEATURES 7 5. YOUR PROGRAM INVESTMENT 8 6. TERMS AND CONDITIONS 10 7. APPENDIX A - LIST OF MAINTAINED EQUIPMENT 12 8. APPENDIX B - SCOPE OF WORK 13 1. EXECUTIVE SUMMARY Standard Plumbing & Heating Controls would like to thank the City of Spokane Valley for this opportunity to propose the following custom tailored mechanical maintenance solution for your heating, ventilation and air conditioning (HVAC) equipment and controls. We wish to thank Brian Moat for his assistance in getting the needed information to make this proposal possible. In today's economy, organizations like the City of Spokane Valley are charged with finding ways to continually improve upon quality service while containing or reducing costs. During this time, effective strategic decision making is crucial to meeting these higher standards. SPHC is a resource that offers turnkey, integrated mechanical maintenance solutions designed to help meet these goals. We are dedicated to identifying; developing and implementing strategies that will reduce your cost structure through the implementation of optimally designed mechanical maintenance programs and innovative procurement strategies. SPHC is not only the best, but also one of the largest service/controls organizations in the Inland Empire with the most sophisticated computerized dispatch and maintenance management system available. Our purchasing power of HVAC equipment and maintenance materials through our purchasing network is second to none in the industry. Our purchasing power helps keep our costs lower, which in turn benefits you directly in all categories of HVAC work we perform on your behalf. We have, for more than twenty five years, been able to provide our customers with the best value for their investment dollar. 2. BENEFITS OF PROGRAMMED MAINTENANCE The Programmed Maintenance Agreement you are about to review is the optimum choice for the City of Spokane Valley to maintain its HVAC equipment operation at peak efficiency. This program is customized to meet all of the unique requirements of your specific HVAC equipment. You will derive many benefits from a well designed and implemented programmed maintenance program such as the one we are offering here. SPHC's maintenance program is designed to help you reduce the cost of operating and maintaining your HVAC systems. Studies have shown that our type of maintenance program can help you: • Avoid expensive downtime, employee productivity losses, and seasonal discomfort • Avoid utility waste costs by 5-20% • Extend the useful life of your equipment by 30%or more • Reduce administrative costs associated with managing HVAC services Our goal is to help you control your overall maintenance costs with a combination of predictive, diagnostic and scheduled maintenance tasking services. With this Programmed Maintenance Agreement you will receive the following benefits: 2.1. Energy Dollar Savings Programmed maintenance keeps City of Spokane Valley's equipment in peak operating condition, thereby reducing energy consumption. Our program will provide the proper maintenance tasking procedures that will include cleaning all heat transfer surfaces and calibrating your equipment to operate at peak performance. 2.2. Operating Cost Saving Our program will save you money in two ways. Since SPHC is part of a national HVAC materials and parts procurement network, you benefit from our ever-growing economies of scale, which attracts huge purchasing discounts from major equipment manufacturers and support material vendors. This aggregated buying power allows us to give you the lowest possible price while still providing the highest quality and most efficient services and support systems available. As we implement this Programmed Maintenance Agreement, system efficiency is maintained at an optimum level and operating costs and productivity losses and discomfort are reduced to a minimum. 2.3. Elimination of Expensive Down Time Proper functioning equipment means money in your pocket. This Programmed Maintenance Agreement provides the manufacturers recommended maintenance tasking procedures for your equipment on a predetermined schedule. Our program reduces equipment failures,and costly equipment downtime while increasing comfort to your personnel and visitors. SPHC's Programmed Maintenance Agreement keeps your equipment in optimum condition. This maintenance program is custom tailored to increase the life expectancy of your equipment over that of improperly maintained equipment. This results in the deferral of costly replacement expenditures. 2.4. Improved Indoor Air Quality This program is designed to allow your equipment to operate within the original design environmental specifications they were engineered to provide. The first line of defense against possible perceived or real environmental complaints is proof of a verifiable maintenance program that provides for proper ventilation, and comfort control. Our program will help you meet these challenges while providing an environment that is healthy for your personnel and visitors. 2.5. Increased Comfort Control Consistent comfort control keeps your employees happy which studies have shown increases productivity levels. 2.6. Programmed Maintenance Performed Around Your Schedule We have incorporated your organization and technical requirements into this maintenance program. Our call center will automatically dispatch the manufacturers recommended maintenance tasking procedures for your equipment on a predetermined schedule that will best meet both your organization and your equipment requirements. 2.7. Includes Engineering Support This maintenance program includes engineering support services to include identifying indoor air quality problems, solving comfort complaints, and or modifications to reduce or add air conditioning, heating or ventilation capacity in your facilities. As with this and any of our programs,we provide written performance guarantees with all of our engineered solutions. 2.8. Guaranteed Priority Emergency Service Response Our Programmed Maintenance Agreement has continuously proven to reduce emergency or trouble calls. However,when one does occur,you will receive our highest priority. 3. PROGRAM IMPLEMENTATION TEAM SPHC has assembled a specialized equipment maintenance team dedicated to ensure a smooth integration of this maintenance program with the City of Spokane Valley's normal business activities. This team will ensure consistency in the delivery of your maintenance program, provide for effective lines of communication, and help you avoid escorting unfamiliar people throughout your facility. Your Account Manager will continue to work closely with you along with the Implementation Team to preserve the integrity of your equipment, reduce your energy and operating costs and to maintain building comfort. The Implementation Team will be made up of the following service i profess onal s. • Don Smet, Phone# (509) 922-1717 extension 107 will continue to be your Account Manager and Service Operations Manager. Don has complete authority for controlling and directing the field personnel, support personnel and resources to ensure the smooth and efficient delivery of this Programmed Maintenance Agreement.The primary responsibility of the account manager is to ensure proper coordination of the execution of this maintenance program, as well as technical support. • Dan Sem is the Primary Service Technician. Dan will be performing the service and repair functions on all of your HVAC equipment whenever possible. In the event that the Dan is not available we will then assign the secondary technician. • Rick Rinehart is the Secondary Service Technician.Rick will serve as backup whenever the Primary Service Technician is not available. • John Muto is the Service Coordinator. John is responsible for scheduling all maintenance program services. John and the call center team can be reached at(509)922-1717 extension 110 for emergency service or normal service requests. • Jeannette Brosvik is the Billing Coordinator. Billing Coordinator is responsible for handling all billing per the terms and conditions of this agreement. You can reach Jeannette at (509)922-1717 extension 101. 4. PROGRAM FEATURES The implementation plan of your Programmed Maintenance Agreement will include the following scope of service to be provided on the equipment described in the"List of Maintained Equipment" located in the Appendix A section of this agreement. Scheduled Inspections: SPHC will provide 2 Pre-Season inspections per year in accordance per the "Scope of Work" located in Appendix B section of this agreement. The maintenance tasking procedures which our technicians precisely follow are determined by the manufacturer's recommendations, equipment application and our extensive experience. Our program includes all maintenance materials, gaskets, oils, lubricants required to perform these inspections tasking procedures. Also included is belt replacement if they are found worn or broken. Air Filter Maintenance: Filters will be replaced quarterly by the staff of Centerplace and are not included in this agreement. Corrective Maintenance: The main objective of this Programmed Maintenance Agreement is to maintain your equipment at optimum peak efficiency. During the course of executing the maintenance tasking procedures, our technicians are trained to identify impending problems and address them before they cause unplanned downtime. Emergency and Trouble Call Coverage: Even with the comprehensive care provided in this program, occasional failures can occur. Under this agreement, we will provide emergency response between scheduled visits, Monday through Sunday, including holidays, 24 hours per day to minimize downtime. Even during peak heating or cooling periods, we will be on-site within 4 hours from receipt of your request. The cost of emergency service labor and materials will be invoiced at SPHC's current commercial rates less 15% Contract Customer Discount. Refrigerant Containment Service: We will leak test and report needed repairs on any equipment found low of refrigerant. We will use recovery, recycling and reclamation of your refrigerant as appropriate to minimize costs of replacement refrigerant. Such work will be done per all federal, state and local regulatory guidelines. Service Documentation: We will document all scheduled and unscheduled service work showing the time, date, name of service technician, equipment identification and brief description of work. This documentation will be made available upon request. Additional Services: This agreement also includes critical alarms monitoring of the Automated Logic Direct Digital Controls system and provides for 24 hour emergency alarm notification as well as minor setpoint and parameter adjustments during regular business hours, at no additional cost to you. Remote access to the DDC system must be provided by your IT department to make this service possible. 5. YOUR PROGRAM INVESTMENT This Performance Excellence Program will be for an original term of one (1)year, beginning on July lst 2006. At end of the original term of this agreement, and upon customer's agreement, the program will automatically renew from year to year. Either party may terminate this agreement with written notice at any time. City of Spokane Valley's annual investment in this program is shown below: TERM PRICE %ADJUSTMENTS July 1st,2006—June 30,2007 $5,912.00+TAX 5,734.64+Tax 3%Discount For Prepayment 3% July 1st,2006—June 30,2008 $6,089.36+TAX July 1st,2006—June 30,2009 $6,272.04+TAX 3% July 1st,2006—June 30,2010 $6,460.20+TAX 3% July 1st,2006—June 30,2011 $6,654.01 +TAX 3% The annual agreement prices shown above can only be adjusted if equipment is added or deleted from the original agreement. Price adjustments after year five are discussed in the terms and conditions of this agreement. Payment terms will be thirty(30) days after SPHC's date of invoice.SPHC reserves the right to discontinue its service anytime payments have not been made as agreed. Failure to make payments when due or impairment of customer's credit shall relieve SPHC of any and all obligations pertaining to work or performance of work. • We would appreciate your signature in the space provided below as your acceptance of this Agreement. PROPOSAL OFFERED BY: Donald B. Smet Representative DATE: MAY 26,2006 CUSTOMER ACCEPTA E ACCEPTED BY: / 4, 4/ TITLE: fi,vg,f .1ret','eo� DATE: 6/R-1/ P.O.#: STANDARD PLUMBING HEATING CONTROLS ACCEPTANCE ACCEPTED BY: TITLE: DATE: PLEASE CHECK PAYMENT OPTION BOX: ❑ PREPAYMENT OF 1sT ANNUAL AMOUNT IN FULL,REFLECTING 3% DISCOUNT QUARTERLY ❑ MONTHLY ❑ OTHER(specify) TERMS AND CONDITIONS A. Planned and or routine maintenance services provided under this agreement will be performed during normal working hours. B. The guarantees and services provided under the scope of this agreement are conditioned upon City of Spokane Valley operating and maintaining systems/equipment.City of Spokane Valley will do so in according to industry accepted practices and in consideration of our recommendations. C. City of Spokane Valley will provide and permit reasonable access to all covered equipment. SPHC will be allowed to start and stop equipment as necessary to perform its services and be permitted use of existing facilities and building services. D. This proposal assumes that all pieces of equipment are in proper operating condition SPHC shall inspect and report to City of Spokane Valley any malfunctions and defects within thirty(30)days after commencement of the contract. If the equipment cannot be operated within the thirty(30)day period due to seasonal conditions or other factors beyond our control the period for initial inspection will be extended for a mutually agreed upon period. Upon completion of the inspection,it shall be the responsibility SPHC to make recommendations and to assist City of Spokane Valley in restoring the equipment to proper operating condition. However,all of the restoration costs shall be borne by City of Spokane Valley unless otherwise stated in this proposal. Any piece of covered equipment will be excluded from liability if the reported recommendations from the inspection are not accepted and repair work performed. E. It is agreed that the repair,replacement,and emergency service provisions apply only to the functional internal components and parts of equipment listed in Appendix A. Repair and replacement of no maintainable portions, such as duct work,furnace heat exchangers,shell and tube heat exchangers,all diffusers,cabinetry,inter- connecting piping,main power service and electrical distribution system,valve bodies,coils,pipe insulation, glycol,storage tanks,piping systems,structural supports,etc.are excluded. In the case of refrigeration system such as walk-in boxes,reach-in boxes,etc.,this agreement does not include the repair or replacement of hardware such as door handles,closing mechanisms or related parts thereof,in no case shall SPHC include repair or replacement of door,cabinet or door/cabinet gaskets. F. Any repairs or services resulting from power failures,freezing,roof leaks through curbs or equipment,or air side corrosion will be paid for by City of Spokane Valley in accordance with SPHC's currently established rates. G. In the unlikely event of failure to perform its obligations, SPHC's liability is limited to repair or replacement at its option,and such shall be Spokane Valley's sole remedy. Under no circumstances will SPHC be responsible for loss of use,loss of profits,increased operating or maintenance expense,claims of Spokane Valley's tenants or clients,or any special,indirect or consequential damages. H. The agreement does not include responsibility for system design deficiencies,such as,but not limited to poor air distribution,water flow imbalances,etc. It does not include responsibility for system,equipment and component obsolescence,electrical failures,unserviceable equipment,and operating the system(s). I. SPHC will not be liable for delays or failure to obligate due to fire,flood,strike,lockout,freezing,unavailability of material,riots,acts of God,or any cause beyond reasonable control. J. SPHC is not responsible for the removal or disposal of any hazardous materials or any cost associated with these materials unless otherwise noted in this Agreement. K. The agreement does not include repairing any damage resulting from improper/inadequate water treatment or filter service not supplied by SPHC. L. This agreement does not include any services occasioned by improper operation,negligence,vandalism,or alterations,modifications,abuse,or misuse,or repairs to equipment not performed by SPHC. Also excluded is the furnishing of materials and supplies for painting or refurbishing equipment. M. SPHC shall not be required to furnish any items of equipment,labor,or make special tests recommended or required by insurance companies,Federal State Municipal or other authorities except as otherwise included in this Agreement. N. This agreement does not include the cleaning of any air passages,grilles,or air balancing of systems. Unless otherwise provided herein. O. In the event either party must commence a legal action in order to enforce any rights under this contract,the successful party shall be entitled to all court costs and reasonable attorney's fees as determined by the court for prosecuting and defending the claim,as the case may be. P. SPHC shall not be liable for the operation of the equipment nor for injuries to persons or damage to property, except those directly due to the negligent acts or omissions of its employees and in no event shall it be liable for consequential or speculative damages. It shall not be liable for expense incurred in removing,replacing or refinishing any part of the building structure necessary to the execution of this Agreement. It shall not be held liable for any loss by reason of strikes or labor troubles affecting its employees who perform the service called for herein,delays in transportation,delays caused by priority or preference rating,or orders or regulations established by any government,authority,or by unusual delays in procuring supplies or for any other cause beyond its reasonable control. Q. Only SPHC's personnel or agent are authorized to perform the work included in the scope of this Agreement. SPHC may,at its option,cancel or waive its obligations under this Agreement should non-authorized individuals perform such work. R. This Agreement and all rights hereunder shall not be assignable by either party unless approved by both parties. S. In the event of additional freight,labor,or material costs resulting from a City of Spokane Valley request to avoid delays with respect to equipment warranties,or accelerated delivery of parts and supplies,the City of Spokane Valley agrees to pay these additional costs at SPHC's currently established rates. T. SPHC's scope of work shall not include the identification,detection,abatement,encapsulation or removal of asbestos or products or materials containing asbestos or similar hazardous substances. In the event SPHC encounters such material in performing its work,SPHC will have the right to discontinue work and remove its employees until the hazard is corrected or its determined no hazard exists. U. This Agreement contains the entire Contract and the parties hereby agree that this Agreement has been agreed to and the entire Agreement is then accepted and approved by an authorized person for both parties,and no statement,remark,agreement or,understanding,oral or written,not contained herein,will be recognized or enforced. V. This agreement does not include the disposal of hazardous waste,any charges incurred for their proper disposal will be born by the customer as an extra to the contract price unless otherwise provided herein. W. City of Spokane Valley agrees that in the event that there shall have been passed a federal and/or state law which shall compel SPHC to contribute to a federal and/or state health plan for its employees,then the terms of this Agreement shall be subject to adjustment to the extent that the cost of such mandated contributions increase by SPHC's cost of performing this contract. X. City of Spokane Valley acknowledges and agrees that any purchase order issued by City of Spokane Valley,in accordance with this Agreement,is intended only to establish payment authority for City of Spokane Valley's internal accounting purposes. No purchase order shall be considered to be a counteroffer,amendment, modification,or other revision to the terms of this agreement. No term or condition included in the City of Spokane Valley's purchase order will have any force or effect. Y. Any additional costs not already authorized under this agreement shall be subject to prior authorization by City of Spokane Valley. • 6. APPENDIX A - LIST OF MAINTAINED EQUIPMENT The following HVAC equipment was identified during our survey and will be covered as a part of City of Spokane Valley's Programmed Maintenance Agreement. The covered equipment is located at: City of Spokane Valley : Centerplace Building 2426 N Discovery Pl. Spokane, WA 99216 LIST OF MAINTAINED EQUIPMENT Equipment Quantity Description Make Model# Size Location One(1) Chiller Air 175 Ton Outside Cooled Forty Four(44) VAV Controllers Various Various Eighteen(18) Exhaust Fan Various Various Three(3) Return Fans Various Various Two(2) HW Unit Heaters Greenhouse One(1) Water Heater A.O. Smith Gas 600mbtu Various DDC Control Automated One(1) System Logic WebCtrl Throughout Five(5) Supply Fans Various Various Two(2) Heating Boilers 2 Mil btu Mech Room Eight(8) Circulating Various Various Pumns One(1) Sump Pump Sump Four(4) AHU'S Various Various Appendix B: Scope of Work "The Scope of Work under this agreement shall be as outlined below and in Exhibit 1—City of Spokane Valley Statement of Services Needed,which is attached hereto and incorporated herein by this reference." Each and every piece of equipment will be maintained in accordance with their individual manufacturer's recommendations and per our expertise. Boilers will be tuned for combustion efficiency annually,Chiller will be serviced and optimized annually. Fan belts shall be replaced on first visit and annually thereafter or more often if deemed necessary at no additional charge, refrigerant charges shall be checked and verified,coils shall be cleaned, electrical connections checked for tightness. Motors and compressors will be amperage checked and readings recorded,as well as lubricated where possible. (bearings on blowers will be lubricated as well). Controls system database will be maintained,points on controls system will be verified annually,and all available software upgrades shall be provided and installed free of charge while this agreement is in effect. Sincerely, Don Smet Service Manager, SPHControls Inc. www.sphcontrols.com dons@sphcontrols.com r EXHIBIT 1 City of Spokane Valley STATEMENT OF SERVICES NEEDED 1. Purpose: The purpose of this agreement is to obtain programmed HVAC, and Energy Management&Controls Maintenance Services at the Centerplace Building,2426 North Discovery Place, Spokane Valley,WA 99216. Dates of service shall be as indicated below. 2. Contractor must be certified in Automated Logic Web Control, which is the software program used to monitor and update the system,either on-site or off-site. LIST OF MAINTAINED EQUIPMENT Quantity Description Make Model# Size Location 1 Chiller Air Cooled 175 Tons Outside 4 AHU's Various Various 44 VAV Controllers Various Various 18 Exhaust Fans Various Various 2 HW Boilers 2 Mil Btu Mech Room 5 Supply Fans Various Various 2 HW Unit Heaters 55mbtu Greenhouse 1 DDC Control system Automated Logic WebCtrl N/A Throughout 1 DHW Boiler 600mbtu Mech Room 8 Circulating Pumps Various Various Various Various 3 Return Fans Various Various 1 Sump Pump Mech Room 3. Agreement Shall Include Services Indicated Below, In The Following Order: a. Engineering support services to include identifying indoor air quality problems, solving comfort complaints and or modifications to reduce or add air conditioning, heating or ventilation capacity in the facility. Furnish written performance guarantees with all engineering solutions. b. Guaranteed emergency service response time,within four(4)hours of notification 24/7. c. Documentation on all scheduled and non-scheduled service showing date, time, service performed,name of service technician and brief description of the work. d. Monitoring Critical alarms of the DDC system [Remote access will be provided by City of Spokane Valley's IT staff]. Provide 24-hour emergency alarm notification. Provide minor set point and parameter adjusments during regular business hours at no additional cost. e. Refrigerant Containment Service: Leak-test and report needed repairs on any equipment found low of refrigerant. Repair, recover, recycle and /or reclaim in compliance with regulatory agency guidelines. f. Names and qualifications of Account and Service manager and of service technicians to be assigned to our facility. Contact person(s)and call number(s). g. First-year and subsequent year cost through the sixth year showing adjustment percentages. h. Payment terms. i. Contract Terms and Conditions. a, ►4 4. Programmed Maintenance Agreement, First Year Scope Scope shall take into account extended service and maintenance to be provided under the agreement for Construction and shall include verification that the contracted work is being performed timely and notifying responsible party in the event service is not being provided as specified. Agreement shall include an amplified scope of work indicating the intended service for each of the work items headlined below. WORK ITEM BEGINNING-ENDING REMARKS FAN BELTS REPLACED JULY 01,06-JUN 30,07 ANNUALLY CHILLER SERVICED AND OPTIMIZED JULY 01,06-JUN 30,07 ANNUALLY COILS ON AHU'S AND MUA CLEANED JULY 01,06-JUN 30,07 ANNUALLY CHECK ELECTRICAL CONNECTIONS FOR TIGHTNESS JULY 01,06-JUN 30,07 ANNUALLY AMP CHECK MOTORS, JULY 01,06-JUN 30,07 ANNUALLY MOTORS AND FAN BLOWERS LUBRICATED JULY 01,06-JUN 30,07 ANNUALLY VAV CONTROLS CHECKED FOR PROPER OPERATION JULY 01,06-JUN 30,07 ANNUALLY HOT WATER BOILERS CHECKED AND TUNED FOR EFFICIENCY JULY 01,06-JUN 30,07 ANNUALLY CONTROL SYSTEM MONITORING JULY 01,06-JUN 30,07 CONTINUOUSLY 5. Programmed Maintenance Agreement,Second And Subsequent Year Scope Dates of service shall be as indicated below. Extensions shall be subject to mutual agreement but the total agreement may not exceed six(6)years. Additional information may be obtained from Brian Moat(509)688- 0302. Agreement shall include an amplified scope of work indicating the intended service for each of the work items headlined below. Beginning July 1,2007 scope shall be as follows: WORK ITEM BEGINNING-ENDING REMARKS FAN BELTS REPLACED JULY 01,07-JUN 30,08 ANNUALLY CHILLER SERVICED AND OPTIMIZED JULY 01,07-JUN 30,08 ANNUALLY COILS ON AHU'S AND MUA CLEANED JULY 01,07-JUN 30,08 ANNUALLY CHECK ELECTRICAL CONNECTIONS FOR TIGHTNESS JULY 01,07-JUN 30,08 ANNUALLY AMP CHECK MOTORS, JULY 01,07-JUN 30,08 ANNUALLY MOTORS AND FAN BLOWERS LUBRICATED JULY 01,07-JUN 30,08 ANNUALLY VAV CONTROLS CHECKED FOR PROPER OPERATION JULY 01,07-JUN 30,08 ANNUALLY HOT WATER BOILERS CHECKED AND TUNED FOR EFFICIENCY JULY 01,07-JUN 30,08 ANNUALLY CONTROL SYSTEM MONITORING JULY 01,07-JUN 30,08 CONTINUOUSLY CONTROL SYSTEM PREVENTIVE MAINTENANCE JULY 01,07-JUN 30,08 AS NEEDED CONTROL SYSTEM DATABASE MAINTAINED,POINTS VERIFIED JULY 01,07-JUN 30,08 ANNUALLY CONTROL SYSTEM SOFTWARE UPGRADE JULY 01,07-JUN 30,08 AS NEEDED CITY OF po ane 000%, Parks and Recreation Department Valley 2426 N. Discovery Place ♦ Spokane Valley, WA 99216 509.688.0300 ♦ Fax: 509.688.0188 • parksandrec®spokanevalley.org December 22, 2011 Mr. Don Smet, Service Manager Standard Plumbing Heating Controls Corporation 10419 East Trent Avenue Spokane, WA 99206 RE: Spokane Valley Police Precinct & CenterPlace Programmed Maintenance Services Dear Mr, Smet: The final renewal term of the current contract for programmed maintenance services at the Spokane Valley Police Precinct expires on December 31, 2011. Additionally, the final renewal term of the current contract for programmed maintenance services at CenterPlace expired on June 30, 2011. We will need to rebid this work for a new contract for 2012 and beyond. I would like to have Standard continue providing the programmed maintenance services for the Precinct and CenterPlace, on a month-to-month basis, until a new contract can be obtained. The terms, conditions and compensation would be the same as the existing contract. I anticipate that it may take up to two months to solicit bids and award a contract. Please sign below to acknowledge the receipt and acceptance of this offer. Please return the original and retain a copy for your records. If you have any questions or would like to discuss further, I can be reached at mstone@lspokanevalley.orq or (509) 720-5400. Thank you for your consideration of this request. Sincerely, rr/ Michael s %one, CPRP Director of °.rks and Recreation Don Smet, Service Manager Date Standard Plumbing Heating & Controls Corporation , • 1Voto—(05 STANPLU-01 VMCLEAN CORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/28i201 s 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). PRODUCERT— '— CONTACT Vickie McLean Hub International Northwest LLC RECEIVED NAME: PHONE FacAX PO Box 3144 IA/c,No,Ext):(509)747-3121 ( ,Ne):(509)623-1073 E MAIL Spokane,WA 99220 ADDREss:vickie.mclean a�hubinternationai.com u 6 cm"-' I INSURER(S)AFFORDING COVERAGE NAIC INSURER A:Ohio Security Insurance Company 24082 INSURED PARKS & REGREPJ 1.1 INSURERB:Ohio Casualty Insurance Company 24074 ----- Standard Plumbing Heating INSURER C: Controls Corporation INSURER D 10419 E.Trent Avenue Spokane Valley,WA 99206-4515 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS-SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SPOLICY EFF POLICYEXP TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MMIDDIYYYY) LTR LIMITS /DD/ A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR BKS55608931 09/01/2016 09/01/2017 PDREM SES Ea occu ante) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL 8 ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 • POLICY X JERCOT- LOC PRODUCTS-COMP/OP AGG• $ 2,000,000 X OTHER:Employers Liability S 1,000,000 AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT $ 1,000,000 , (Ea accident) • A X ANY AUTO BAS55608931 09/01/2016 09/01/2017 BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) $ X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 B EXCESS LIAB CLAIMS-MADE USO55735109 09/01/2016 09/01/2017 AGGREGATE S 3,000,000 DED X RETENTIONS 10,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABIUTY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley named as additional insured per form CG8810 0413 attached.Primary/non contributory additional insured applies per form CA8810 0110 attached.Automobile additional insured included per form CA8810 0110 attached.Automobile primary coverage per form CA0001 attached. Per project aggregate applies per form CG8870 1208 attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE of Spokane Valley Parks&Recreation Dept THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City CityN Discovery Place ACCORDANCE WITH THE POLICY PROVISIONS. 2426Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL UABIUTY CG 85 83 04 13 THIS ENDORSEMENT CHANGES THE POUCY.PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS/COMPLETED OPERATIONS This endorsement modifies insurance providedunder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or"property damage": 1. Caused by "your work" performed for that additional insured that is the subject..sof the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However. a) The insurance afforded to such additional insured only applies to the extent permitted by law; and b) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV-Commercial General Liability Conditions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2 C. With respect to the insurance afforded by this endorsement, exclusion I. Damage To Your Work of Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability is replaced by the following: 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". D. With respect to the insurance afforded to these additional insureds, the following is added to Section II- i= Limits of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declaration. whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. e E. With respect to the insurance afforded by this endorsement, Section IV -Commercial General Liability Conditions is amended as follows: 1. The following is added to Paragraph 2.Duties In The Event Of Occurrence, Offense, Claims Or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence" or an offense that may result in a claim or"suit" under rr this insurance to us; b. Tender the defense and indemnity of any claim or "suit' to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a'suit" by the additional insured. 2. Paragraph 4.of Section IV-Commercial General Liability Conditions is amended as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and swe will not seek contribution from the additional insured's policy for damages we cover. b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insur- ance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ® 2013 Liberty Mutual Insurance CG 85 83 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECREATIONAL TRAILERS AND BOAT TRAILERS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS of SECTION I - COVERED AUTOS is amended by the addition of the following: 4. Recreational trailers and boat trailers designed for use with an auto of the private passenger type provided the trailers are not used for business purposes. a 3 CA 85 53 12 93 Page 1 of 1 COMMERCIAL AUTO CA 88 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM - With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. COVERAGE INDEX SUBJECT PROVISION NUMBER - ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT 3 ACCIDENTAL AIRBAG DEPLOYMENT 12 - AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 18 AMENDED FELLOW EMPLOYEE EXCLUSION 5 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 13 e BROAD FORM INSURED 1 BODILY INJURY REDEFINED 21 EMPLOYEES AS INSUREDS (including employee hired auto) 2 EXTENDED CANCELLATION CONDITION 22 EXTRA EXPENSE-BROADENED COVERAGE 10 GLASS REPAIR-WAIVER OF DEDUCTIBLE 15 HIRED AUTO PHYSICAL DAMAGE(including employee hired auto) 6 HIRED AUTO COVERAGE TERRITORY 20 LOAN /LEASE GAP 14 PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) 16 PERSONAL EFFECTS COVERAGE 11 PHYSICAL DAMAGE -ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 8 RENTAL REIMBURSEMENT 9 SUPPLEMENTARY PAYMENTS 4 TOWING AND LABOR 7 UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS 17 WAIVER OF TRANSFER OF RIGHTS OF RECOVERYAGAINST OTHERS TO US 19 SECTION II-LIABILITY COVERAGE is amended as follows: 1. BROAD FORM INSURED SECTION Il - LIABILITY COVERAGE, paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: d. Any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. However, "insured" does not include any organization that: (1) Is a partnership or joint venture; or (2) Is an insured under any other automobile policy; or (3) Has exhausted its Limit of Insurance under any other automobile policy. Paragraph d. (2) of this provision does not apply to a policy written to apply specifically in excess of this policy. e. Any organization you newly acquire or form, other than a partnership or joint venture, of which you own more than 50 percent of the voting stock. This automatic coverage is afforded only for 180 days from the date of acquisition or formation. However, coverage under this provision does not apply: (1) If there is similar insurance or a self-insured retention plan available to that organization; 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc..with its Permission. Page 1 of 7 (2) If the Limits of Insurance of any other insurance policy have been exhausted; or (3) To "bodily injury" or "property damage" that occurred before you acquired or formed the organization. 2. EMPLOYEES AS INSUREDS SECTION II -LIABILITY COVERAGE,paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: f. Any "employee" of yours while using a covered "auto" you do not own, hire or borrow but only for acts within the scope of their employment by you. Insurance provided by this endorse- ment is excess over any other insurance available to any"employee". g. An "employee" of yours while operating an "auto" hired or borrowed under a written contract or agreement in that "employee's" name, with your permission, while performing duties re- lated to the conduct of your business and within the scope of their employment. Insurance provided by this endorsement is excess over any other insurance available to the "employee". 3. ADDITIONAL INSURED BY CONTRACT, AGREEMENT OR PERMIT SECTION II -LIABILITY COVERAGE,paragraph A.1. -WHO IS AN INSURED is amended to include the following as an insured: h. Any person or organization with respect to the operation, maintenance or use of a covered "auto", provided that you and such person or organization have agreed in a written contract, agreement, or permit issued to you by governmental or public authority, to add such person, or organization, or governmental or public authority to this policy as an"insured". However, such person or organization is an"insured": (1) Only with respect to the operation, maintenance or use of a covered "auto"; (2) Only for "bodily injury" or "property damage" caused by an "accident" which takes place after you executed the written contract or agreement, or the permit has been issued to you; and (3) Only for the duration of that contract, agreement or permit 4. SUPPLEMENTARY PAYMENTS SECTION II - LIABILITY COVERAGE, Coverage Extensions, 2.a. Supplementary Payments, para- graphs (2) and (4)are replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations ) required because of an"accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request, including actual loss of earn- ings up to $500 a day because of time off from work. 5. AMENDED FELLOW EMPLOYEE EXCLUSION In those jurisdictions where, by law, fellow employees are not entitled to the protection afforded to the employer by the workers compensation exclusivity rule, or similar protection, the following provision is added: SECTION II - LIABILITY, exclusion 6.5. FELLOW EMPLOYEE does not apply if the "bodily injury" results from the use of a covered "auto" you own or hire. SECTION III-PHYSICAL DAMAGE COVERAGE is amended as follows: 6. HIRED AUTO PHYSICAL DAMAGE Paragraph A.4. Coverage Extensions of SECTION Ill -PHYSICAL DAMAGE COVERAGE,is amended by adding the following: If hired "autos" are covered "autos" for Liability Coverage, and if Comprehensive, Specified Causes of Loss or Collision coverage are provided under the Business Auto Coverage Form for any "auto" you own, then the Physical Damage coverages provided are extended to "autos": a. You hire, rent or borrow; or @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 2 of 7 b. Your "employee" hires or rents under a written contract or agreement in that "employee's" name, but only if the damage occurs while the vehicle is being used in the conduct of your business, subject to the following limit and deductible: A. The most we will pay for "loss" in any one "accident" or"loss" is the smallest of: (1) $50,000; or (2) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality, minus a deductible. B. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. C. Subject to the limit, deductible and excess provisions described in this provision, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. s D. Subject to a maximum of $750 per "accident", we will also cover the actual loss of use of the hired "auto" if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss. E. This coverage extension does not apply to: s (1) Any "auto" that is hired, rented or borrowed with a driver; or (2) Any "auto" that is hired, rented or borrowed from your "employee". For the purposes of this provision, SECTION V-DEFINITIONS is amended by adding the following: "Total loss" means a"loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. 7. TOWING AND LABOR SECTION III -PHYSICAL DAMAGE COVERAGE,paragraph A.2. Towing, is amended by the addition of the following: We will pay towing and labor costs incurred, up to the limits shown below, each time a covered "auto" classified and rated as a private passenger type, "light truck" or "medium truck" is dis- abled: a. For private passenger type vehicles, we will pay up to$50 per disablement. b. For"light trucks", we will pay up to $50 per disablement. "Light trucks" are trucks that have a gross vehicle weight (GVW)of 10,000 pounds or less. c. For"medium trucks" ,we will pay up to $150 per disablement. "Medium trucks" are trucks that have a gross vehicle weight (GVW) of 10,001 -20,000 pounds. However, the labor must be performed at the place of disablement. a 8. PHYSICAL DAMAGE- ADDITIONAL TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a., Coverage Extension of SECTION III -PHYSICAL DAMAGE COVERAGE,is amend- ed to provide a limit of$50 per day and a maximum limit of$1,500 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 3 of 7 9. RENTAL REIMBURSEMENT SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,is amended by adding the following: a. We will pay up to $75 per day for rental reimbursement expenses incurred by you for the rental of an "auto" because of "accident" or "loss", to an "auto" for which we also pay a "loss" under Comprehensive, Specified Causes of Loss or Collision Coverages. We will pay only for those expenses incurred after the first 24 hours following the "accident" or "loss" to the covered "auto." b. Rental Reimbursement will be based on the rental of a comparable vehicle, which in many cases may be substantially less than $75 per day, and will only be allowed for the period of time it should take to repair or replace the vehicle with reasonable speed and similar quality, up to a maximum of 30 days. c. We will also pay up to $500 for reasonable and necessary expenses incurred by you to remove and replace your tools and equipment from the covered "auto". d. This coverage does not apply unless you have a business necessity that other "autos" avail- able for your use and operation cannot fill. e. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided under Paragraph 4.Coverage Extension. f. No deductible applies to this coverage. For the purposes of this endorsement provision, materials and equipment do not include "personal effects" as defined in provision 11. 10. EXTRA EXPENSE-BROADENED COVERAGE Under SECTION III-PHYSICAL DAMAGE COVERAGE,A.COVERAGE,we will pay for the expense of returning a stolen covered "auto" to you. The maximum amount we will pay is$1,000. 11. PERSONAL EFFECTS COVERAGE A. SECTION III - PHYSICAL DAMAGE COVERAGE, A. COVERAGE, is amended by adding the following: If you have purchased Comprehensive Coverage on this policy for an "auto" you own and that "auto" is stolen, we will pay, without application of a deductible, up to $600 for "personal effects" stolen with the "auto." The insurance provided under this provision is excess over any other collectible insurance. B. SECTION V-DEFINITIONS is amended by adding the following: For the purposes of this provision, "personal effects" mean tangible property that is worn or carried by an insured." "Personal effects" does not include tools, equipment, jewelry, money or securities. 12. ACCIDENTAL AIRBAG DEPLOYMENT SECTION III -PHYSICAL DAMAGE COVERAGE,B. EXCLUSIONS is amended by adding the follow- ing: If you have purchased Comprehensive or Collision Coverage under this policy, the exclusion for "loss" relating to mechanical breakdown does not apply to the accidental discharge of an airbag. Any insurance we provide shall be excess over any other collectible insurance or reimbursement by manufacturer's warranty. However, we agree to pay any deductible applicable to the other cov- erage or warranty. 13. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III -PHYSICAL DAMAGE COVERAGE, B. EXCLUSIONS, exception paragraph a. to exclu- sions 4.c. and 4.d. is deleted and replaced with the following: 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc..with its Permission. Page 4 of 7 • Exclusion 4.c. and 4.d. do not apply to: a. Electronic equipment that receives or transmits audio, visual or data signals, whether or not designed solely for the reproduction of sound, if the equipment is permanently installed in the covered "auto" at the time of the "loss" and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto" and physical damage coverages are provided for the covered "auto"; or If the "loss" occurs solely to audio, visual or data electronic equipment or accessories used with this equipment, then our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by a$100 deductible. 14. LOAN/LEASE GAP COVERAGE A. Paragraph C., LIMIT OF INSURANCE of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by adding the following: The most we will pay for a "total loss" to a covered "auto" owned by or leased to you in any - one "accident" is the greater of the: 1. Balance due under the terms of the loan or lease to which the damaged covered "auto" is subject at the time of the "loss" less the amount of: a. Overdue payments and financial penalties associated with those payments as of the 2 date of the loss", b. Financial penalties imposed under a lease due to high mileage, excessive use or ab- normal wear and tear, c. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease, d. Transfer or rollover balances from previous loans or leases, e. Final payment due under a°Balloon Loan", f. The dollar amount of any unrepaired damage which occurred prior to the "total loss" of a covered "auto", g. Security deposits not refunded by a lessor, h. All refunds payable or paid to you as a result of the early termination of a. lease agreement or as a result of the early termination of any warranty or extended service agreement on a covered "auto", i. Any amount representing taxes, j. Loan or lease termination fees; or 2. The actual cash value of the damage or stolen property as of the time of the "loss". An adjustment for depreciation and physical condition wilt be made in determining the actual cash value at the time of the "loss". This adjustment is not applicable in Texas. B. ADDITIONAL CONDITIONS This coverage applies only to the original loan for which the covered "auto" that incurred the loss serves as collateral, or lease written on the covered "auto" that incurred the loss. C. SECTION V-DEFINTIONS is changed by adding the following: As used in this endorsement provision, the following definitions apply: "Total loss" means a "loss" in which the cost of repairs plus the salvage value exceeds the actual cash value. A "balloon loan" is one with periodic payments that are insufficient to repay the balance over the term of the loan, thereby requiring a large final payment. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 5 of 7 15. GLASS REPAIR-WAIVER OF DEDUCTIBLE Paragraph D. Deductible of SECTION III - PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: No deductible applies to glass damage if the glass is repaired rather than replaced. 16. PARKED AUTO COLLISION COVERAGE(WAIVER OF DEDUCTIBLE) Paragraph D. Deductible of SECTION III.- PHYSICAL DAMAGE COVERAGE is amended by the addition of the following: The deductible does not apply to loss" caused by collision to such covered "auto" of the private passenger type or light weight truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as maximum loaded weight the "auto" is designed to carry while it is: a. In the charge of an "insured"; b. Legally parked; and c. Unoccupied. The "loss" must be reported to the police authorities within 24 hours of known damage. The total amount of the damage to the covered "auto" must exceed the deductible shown in the Declarations. This provision does not apply to any "loss" if the covered "auto" is in the charge of-any person or organization engaged in the automobile business. SECTION IV-BUSINESS AUTO CONDITIONS is amended as follows: 17. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS SECTION IV-BUSINESS AUTO CONDITIONS, Paragraph B.2.is amended by adding the following: If you unintentionally fail to disclose any hazards, exposures or material facts existing as of the inception date or renewal date of the Business Auto Coverage Form, the coverage afforded by this policy will not be prejudiced. However, you must report the undisclosed hazard of exposure as soon as practicable after its discovery, and we have the right to collect additional premium for any such hazard or exposure. 18. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT, OR LOSS SECTION IV- BUSINESS AUTO CONDITIONS, paragraph A.2.a. is replaced in its entirety by the following: a. In the event of "accident", claim, "suit" or "loss", you must promptly notify us when it is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. Member, if you are a limited liability company; a a 4. An executive officer or the "employee" designated by the Named Insured to give such notice, if you are a corporation. To the extent possible, notice to us should include: 3 (1) How, when and where the"accident" or"loss" took place; (2) The"insureds" name and address; and (3) The names and addresses of any injured persons and witnesses. 19. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SECTION IV - BUSINESS AUTO CONDITIONS, paragraph A.5., Transfer of Rights of Recovery Against Others to Us, is amended by the addition of the following: If the person or organization has waived those rights before an "accident" or "loss", our rights are waived also. 02010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc..with its Permission. Page 6 of 7 20. HIRED AUTO COVERAGE TERRITORY SECTION IV-BUSINESS AUTO CONDITIONS, paragraph B.7., Policy Period, Coverage Territory, is amended by the addition of the following: f. For"autos" hired 30 days or less, the coverage territory is anywhere in the world, provided that the insured's responsibility to pay for damages is determined in a"suit", on the merits, in the United States, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. This extension of coverage does not apply to an "auto" hired, leased, rented or borrowed with a driver. SECTION V-DEFINITIONS is amended as follows: 21. BODILY INJURY REDEFINED Under SECTION V-DEFINTIONS, definition C.is replaced by the following: "Bodily injury" means physical injury, sickness or disease sustained by a person, including mental anguish, mental injury, shock, fright or death resulting from any of these at any time. COMMMON POLICY CONDITIONS 22. EXTENDED CANCELLATION CONDITION COMMON POLICY CONDITIONS, paragraph A. -CANCELLATION condition applies except as fol- k- = lows: If we cancel for any reason other than nonpayment of premium, we wilt mail to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. This provision does not apply in those states which require more than 60 days prior notice of cancella- tion. a a @2010 Liberty Mutual Insurance Company.All rights reserved. CA 88 10 01 10 Includes copyrighted material of Insurance Services Office Inc.,with its Permission. Page 7 of 7 COMMERCIAL GENERAL LIABILITY CG 88 70 12 08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CONSTRUCTION PROJECT(S) - GENERAL AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by"occurrences" under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I -Coverage C Medical Payments, which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. A separate Construction Project General Aggregate Limit applies to each construction project,and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A,,except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", and for medical expenses under Cov- erage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A • Bodily Injury And Property Damage Liability, and for all medical ex- penses caused by accidents under Section I - Coverage C Medical Payments, which cannot be attrib- uted only to ongoing operations at a single construction project away from premises owned by or rented to you: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. 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,and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or 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. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. CG 88 70 12 08 Includes copyrighted material of ISO Properties.Inc.,with its permission. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY-ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES AAND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES T KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 s LIBERALIZATION CLAUSE 7 a BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US- 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically ;� in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Uability, Subparagraph (2)of exclusion g.Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and it (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY-ELEVATORS 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV -Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) e If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2.Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- s Ing: Paragraphs (1), (3)and (4)of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (I) Premises rented to you for a period of 7 or fewer consecutive days; or (1I) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2.Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6.under Section III-Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an"insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided bythis policy g Y Ym are amended as follows: Under Paragraph 1. Insuring Agreement of Section I-Coverage C-Medical Payments, Subparagraph (b)of Paragraph a.is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B,Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: ° d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit", including actual loss of earnings up to $500 a day because of time off from work. $ G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an Insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or 2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: r-� (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or s (c) The ownership, maintenance, or use of any elevators covered by this insurance. However. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. F. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The Insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury" or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Sult under Section IV -Commercial General Liability Condi- tions. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or'property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury' or"property damage" occurs. c. 'Bodily injury", "property damage" or"personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the 'personal and advertising injury°, involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or"property damage" occurring after. (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; z whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Dedaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION $ This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a.Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b.Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a.state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance Is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. = I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2.Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence" or an offense that may result in a claim or"suit" under j--4 this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until ti we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional Insured are those specified In a written contract or written agreement or the limits of insurance as stated in the Declarations of this policyand 9 defined in Section III - Limits of insurance of this policy, whichever are less. These limits are Inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II-Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a)above; (c) For which there Is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not In the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to"bodily Injury" or"personal and advertising injury" caused by an"employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxica- tion by liquor or controlled substances. The coverage provided by provision J.is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II-Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named insured if there is no other similar insurance available to that • organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or"property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. 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 or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV-Commercial General Liability Conditions, the following is added to Condition 6.Repre- sentations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Under Section IV -Commercial General Liability Conditions, the following is added to Condition 2.Duties in The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II-Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3.is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. 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. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8.Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. it 2 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material or Insurance Services Office,Inc.,with its permission. Page 8 of 8