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17-186.00 Standard Plumbing Heating Controls: CenterPlace HVAC Maintenance 17-1 8(.0 AGREEMENT FOR SERVICES Standard Plumbing-Heating-Controls Corp THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Standard Plumbing-Heating-Controls Corp, hereinafter "Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A entitled Programmed Maintenance Agreement. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this . Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This maintenance Agreement shall be in full force and effect from January 1, 2018 to December 31, 2018. At the end of the original agreement, upon the City's agreement,the program will automatically renew from year to year. See attached proposal for specific information. Agreement for Services(without professional liability coverage) Page 1 of 7 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant$8,221.81, (which includes Washington State Sales Tax if any is applicable)as full annual compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly or annually upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code, and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: SPHC Controls Phone: (509)720-5000 Phone: (509)922-1717 Address: 10210 East Sprague Avenue Address: 10419 E Trent Spokane Valley,WA 99206 Spokane, WA 99206-4515 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents, and services shall conform to all federal, state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Services(without professional liability coverage) Page 2 of 7 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written; graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, drawings, images, or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named Agreement for Services(without professional liability coverage) Page 3 of 7 as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence,and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. Agreement for Services(without professional liability coverage) Page 4 of 7 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. • Consultant's duty to defend, indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants, and employees. Consultant's duty to defend, indemnify, and hold City harmless shall include, as to all claims, demands, losses, and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs,fees for collection, and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to Agreement for Services(without professional liability coverage) Page 5 of 7 be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 22. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence,clause, or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Exhibit A B. Insurance Certificates nt h �akuary 2-01B The Parties have executed this Agreement this 1--day of . CITY OF SPOKANE VALLEY Consultant: SPHC Controls Wink Mark Calhoun,City Manager er By: Its: Authorized Representative AT qb•-k- Christine Bainbridge, ity Clerk Agreement for Services(without professional liability coverage) Page 6 of 7 APPgLL RO TO FORM: Office of th City Attorney Agreement for Services(without professional liability coverage) Page 7 of 7 EXHIBIT A 1. 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 professionals: • Bill Hansen, Phone# (509) 922-1717 extension 107 will continue to be your Account Manager and Service Operations Manager. Bill 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. • Ben Weeks is the Primary Service Technician. Ben 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. • Paul Taylor is the Secondary Service Technician. Paul will serve as backup whenever the Primary Service Technician is not available. 2. 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. This maintenance agreement includes the first 10 hours of repair labor at "no charge". This "no charge' work will be listed on the work order and noted as "No charge" labor. 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. 3. YOUR PROGRAM INVESTMENT This Performance Excellence Program will be for an original term of one (1)year, beginning on July 1St 2017. At end of the original term of this agreement, and upon customer's agreement, the program will automatically renew from year to year. TERM PRICE %ADJUSTMENTS January 1st,2018—December 31st,2018 $7,800.00+TAX $7,566.00+Tax 3% Discount For Prepayment January 1st,2019—December 31st,2019 0% $7,800.00+TAX No increase for three years January 1st,2020—December 31st,2020 $7.800.00+TAX 0% No increase for three years January 1st,2021 —December 31st,2021 $7,800.00+TAX 0% No increase for three years January 1st,2022—December 31st,2022 $8,034.00+TAX 1 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. 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 PI. Spokane Valley, 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 Pumas 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 as required,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. 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). 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 JAN 01,2018-DEC 31,2018 ANNUALLY CHILLER SERVICED AND OPTIMIZED JAN 01,2018-DEC 31,2018 ANNUALLY COILS ON AHU'S AND MUA CLEANED JAN 01,2018-DEC 31,2018 ANNUALLY CHECK ELECTRICAL CONNECTIONS FOR TIGHTNESS JAN 01,2018-DEC 31,2018 ANNUALLY AMP CHECK MOTORS, JAN 01,2018-DEC 31,2018 ANNUALLY MOTORS AND FAN BLOWERS LUBRICATED JAN 01,2018-DEC 31,2018 ANNUALLY VAV CONTROLS CHECKED FOR PROPER OPERATION JAN 01,2018-DEC 31,2018 ANNUALLY HOT WATER BOILERS CHECKED AND TUNED FOR EFFICIENCY JAN 01,2018-DEC 31,2018 ANNUALLY CONTROL SYSTEM MONITORING JAN 01,2018-DEC 31,2018 CONTINUOUSLY 5. Programmed Maintenance Agreement,Second And Subsequent Year Scope Dates of service shall be as indicated below. Additional information may be obtained from Brian Moat, CenterPlace,at(509)720-5406. Beginning January 1, 2018,scope shall be as follows: WORK ITEM BEGINNING-ENDING REMARKS FAN BELTS REPLACED JAN 01,2018-DEC 31,2018 ANNUALLY CHILLER SERVICED AND OPTIMIZED JAN 01,2018-DEC 31,2018 ANNUALLY COILS ON AHU'S AND MUA CLEANED JAN 01,2018-DEC 31,2018 ANNUALLY CHECK ELECTRICAL CONNECTIONS FOR TIGHTNESS JAN 01,2018-DEC 31,2018 ANNUALLY AMP CHECK MOTORS, JAN 01,2018-DEC 31,2018 ANNUALLY MOTORS AND FAN BLOWERS LUBRICATED JAN 01,2018-DEC 31,2018 ANNUALLY VAV CONTROLS CHECKED FOR PROPER OPERATION JAN 01,2018-DEC 31,2018 ANNUALLY HOT WATER BOILERS CHECKED AND TUNED FOR EFFICIENCY JAN 01,2018-DEC 31,2018 ANNUALLY CONTROL SYSTEM MONITORING JAN 01,2018-DEC 31,2018 CONTINUOUSLY CONTROL SYSTEM PREVENTIVE MAINTENANCE JAN 01,2018-DEC 31,2018 AS NEEDED CONTROL SYSTEM DATABASE MAINTAINED,POINTS VERIFIED JAN 01,2018-DEC 31,2018 ANNUALLY CONTROL SYSTEM SOFTWARE UPGRADE JAN 01,2018-DEC 31,2018 AS NEEDED �...N STANPLU-01 VMCLEAN A CORA• DATE(MMIDDM'YY) /`'�� CERTIFICATE OF LIABILITY INSURANCE 12/20/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).TT PRODUCER NAMEACT Vickie Mclean Hub International Northwest LLC PO Box 3144 (A/CNNo,Ext):(509)462-7850 I(A/ C,No): Spokane,WA 99220 EDMRIESS:vickie.mcleanrahubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Company 24082 INSURED INSURER B:Ohio Casualty Insurance Company 24074 Standard Plumbing Heating INSURER C: Controls Corporation 10419 E.Trent Avenue INSURER D: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMM/DDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X BKS55608931 09/01/2017 09/01/2018 PREM SES(Is occcuence) $ 1'000'000 MED EXP(Any one person) S 15,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X FET LOC PRODUCTS-COMP/OP AGG $ 2,000,000 X OTHER:Stop Gap Employers Liab $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BAS55608931 09/01/2017 09/01/2018 BODILY INJURY(Per person) $ OWNED ^SCHEDULED AURTEOS ONLY _ AUTOSNNORM (Per aBODILYRcEcideennt)INJURY(Per accident) $ AUTOS AUUONLY ONLY _AGE $ B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS UAB CLAIMS-MADE US055735109 09/01/2017 09/01/2018AGGREGATE $ 3,000,000 DED X RETENTION$ 10,000 $ 3,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITYY/N STATUTE ER AANYIPROPMRIIETORR/PARTNER E ECUTIVE N/A _E.L.EACH ACCIDENT $ (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/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space is required) Re: Parks&Rec City of Spokane Valley is named as an additional insured per form CG8810 0413 attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E.Sprague,Suite 106 Spokane Valley,WA 99206 AUTHORIZEDIZcREPRESENTATIVE J1--- i ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG88100413 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 A AND 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 7 i KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 a LIBERALIZATION CLAUSE 7 s 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 Liability, 11 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 (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) 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- : 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 (ii) 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. 0 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 by this policy 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: 3 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. P. 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: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, i—� hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (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. 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 Suit 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 falling 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 daims 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; whichever is less. v This endorsement shall not increase the applicable Limits of Insurance shown in the Dedaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION II 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. o 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---1 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: 1 .1 a. Give written notice of an"occurrence" or an offense that may result in a claim or"suit" under –= this insurance to us; �—. b. Tender the defense and indemnity of any claim or "suit° to all insurers whom also have 1= 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 ii 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 policy and defined in Section UI - 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 I1-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- 2 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 it-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 A a 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 a 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 o 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. oo rr a 1 ® 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 Home Espanol Contact Search L&I SEARCH A-Z Index Help SIv 1.&I Safety&Health Claims&Insurance Workplace Rights Trades&Licensing 0 Washington State Department of Labor & Industries STANDARD PLG HTG CONTROLS CORP Owner or tradesperson E 10419 TRENT AVE Principals SPOKANE,WA 99206 p 509-922-1717 JOHNSON,BRYAN W,VICE PRESIDENT SPOKANE County SCHMIDT,MARY LYNN,SECRETARY SCHMIDT,WESLEY ALLEN,MEMBER Doing business as STANDARD PLG HTG CONTROLS CORP WA UBI No. Business type 600 238 386 Corporation Governing persons WESLEY A SCHMIDT BRYAN JOHNSON; MARY L SCHMIDT; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active. Meets current requirements. License specialties GENERAL License no. STANDPH234OA Effective—expiration 09/01/1977—07/25/2018 Bond NATIONWIDE MUTUAL INS CO $12,000.00 Bond account no. 7900317919 Received by L&I Effective date 08/23/2007 07/25/2007 Expiration date Until Canceled Insurance Ohio Security Ins Co $1,000,000.00 Policy no. BKS55608931 Received by L&I Effective date 07/27/2017 09/01/2017 Expiration date 09/01/2018 Insurance history Help us improve Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No L&l tax debts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 382,972-00 Doing business as STANDARD PLUMBING HEATING Estimated workers reported Quarter 3 of Year 2017"21 to 30 Workers" L&I account contact T3/KAYLENE MONIER(360)902-6627-Email:BRKB235@lni.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. ©Washington State Dept.of Labor&Industries.Use of this site Is subject to the laws of the state of Washington. Help us improve Borne Espanol Contact Search L&I SEARCH A-Z Index Help My 1.&i. Safety&Health Claims&Insurance Workplace Rights Trades&Licensing 0 Washington State Department of Labor & Industries STANDARD PLBG HTG CNTRLS CORP Owner or tradesperson 10419 E TRENT AVE SPOKANE,WA 99206 Principals 509-922-1717 SCHMIDT,W A,PRESIDENT SPOKANE County JOHNSON,BRYAN,VICE PRESIDENT SCHMIDT,MARY,SECRETARY SCHMIDT,MARY,TREASURER RODMAN,DON,AGENT Doing business as STANDARD PLBG HTG CNTRLS CORP WA UBI No. Business type 600 238 386 Corporation Governing persons WESLEY A SCHMIDT BRYAN JOHNSON; MARY L SCHMIDT; License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Electrical Contractor Active. Meets current requirements. License specialties LIMITED ENERGY HVAC/RFRG License no. STANDPH037LR Effective—expiration 06/19/1997—06/19/2019 Designated,administrator Active. HEITSTUMAN,DAVID C Meets current requirements. License type License no. Master Electrician HEITSDC976CJ Bond NATIONWIDE MUTUAL INS CO $4,000.00 Bond account no. 7900321874 Received by L&I Effective date 09/06/2007 10/13/2007 Expiration date Until Canceled Savings No savings accounts during the previous 6 year period. Help us improve License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 382,972-00 Doing business as STANDARD PLUMBING HEATING Estimated workers reported Quarter 3 of Year 2017"21 to 30 Workers" L&I account contact T3/KAYLENE MONIER(360)902-6627-Email:BRKB235@Ini.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. 0 Washington State Dept.of Labor&industries.Use of this site is subject to the laws of the state of Washington. Help us improve II' (g� �—, STANPLU-01 VMCLEAN ACORO" DATE(MM/DD/YYYY) `,,,-------- CERTIFICATE OF LIABILITY INSURANCE 08/30/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ______� CONTACT Vickie Mclean NAME: Hub International Northwest LLC 1`� °°:=r` r„�,r-` PO Box 3144"'L.`°' ` :4..`'^' ja/c°,NO,"r o,Ext):(509)462-7850 (A c,No): If EMAIL vickie.mclean@hubinternational.com Spokane,WA 99220 I ( , ADDRESS:vickie.mclean@hubinternational.com 4'�� 11 n !�L',L , INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Ohio Security Insurance Company 24082 INSURED 'PARKS & RECREATION CWT.= INSURER B:Cincinnati Casualty 28665 Standard Plumbing Heating — INSURER C: Controls Corporation 10419 E.Trent Avenue INSURER D: 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 TYPE OF INSURANCE ADDL SUER POUCY NUMBER POUCY EFF POUCY EXP LIMITS LTR INSD WVDIMM/DD/YYYY) IMMIDD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 1369657 09/01/2018 09/01/2019 DREMISES(AMAGETOEa oRENTEDnel $ 1,000,000 Pcwnce MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE_ $ 2,000,000 PRo 2,000,000 POLICY JECT LOC PRODUCTS-COMP/OPAGG $ OTHER: $ B AUTOMOBILE LIABILITY (Ea accident SINGLE LIMIT $ 1,000,000 X ANY AUTO _ 1369657 09/01/2018 09/01/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY p RINJURYp (Per accident) $ HIREDTOONLY AUTOS ONLY (Per acEcideennt)SAGE $ _ $ B X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 3,000,000 EXCESS UAB CLAIMS-MADE 1369657 09/01/2018 09/01/2019 AGGREGATE $ 3,000,000 DED X RETENTION S 10,000 s WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABIUTY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER in BER EXCLUDED? N/A E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley named as additional insured.Primary/non contributory additional insured applies.Automobile additional insured included.Automobile primary coverage.Per project aggregate applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyParks&Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PDeptACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE • et, I S ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights.of Recovery Against Others to Us is "bodily injury"or"property damage";and amended by the addition of the following: 2. Is still in force at the time of the"accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage"arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the Section II - ed the"bodily injury"or"property damage"oc- Liability Coverage, A. Coverage, 1. curs subsequent to the execution or the "in- Who is an Insured: sured contract". • An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that "employee's" name,with your permission, TIONS, B. General Conditions, 5. Other In- while performing duties related to the surance c.is replaced by the following: conduct of your business. c. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage Form's Liability Coverage is primary SECTION IV - BUSINESS AUTO CON- and we will not seek contribution DITIONS, B. General Conditions, 5. from any other insurance for any Iia- Other Insurance is amended by replac- bility assumed under an "insured ing Paragraph 5.b.with the following: contract" that requires liability to be assumed on a primary noncontributo- b. For Hired Auto Physical Damage Ty basis. Coverage the following are deemed to be covered"autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease. SECTION II - LIABILITY COVERAGE, A. hire, rent or borrow; and Coverage, I. Who is an Insured is amended to include as an insured any person or organi- (2) Any covered "auto" hired or zation with which you have agreed in a valid rented by your"employee"under written contract to provide insurance as is af- a contract in that individual "em- forded by this policy. ployee's" name, with your per- mission, while performing duties This provision is limited to the scope of the related to the conduct of your valid written contract. business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 1 of 4 , However, any "auto" 'that-is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered"auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury" or ment "property damage" resulting from an "accident" that SECTION III - PHYSICAL DAMAGE COV- occurredbefore you ERAGE, C. Limit of Insurance is amended acquired or formed theeorganization; by adding the following: c. Does not apply to any newly acquired 4. The most we will payfor all "loss" to au- or formed organization that is a joint I venture or partnership; and dio, visual or data electronic equipment and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acci- any other automobile liability policy, dent"is the lesser of: or would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- a ed or stolen property as of the time policy or the exhaustion of such poli- 9 P P Y cy's limits of insurance. of the"accident"; b. The cost of repairing or replacing the 3. Any of your employees" while using a P 9 P 9 covered "auto" in your'business or your damaged or stolen property with oth- personal affairs, provided you do not own, • er property of like kind and quality;or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment,at the time of the mentary Payments-Higher Limits "loss"is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a.Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with$4,000 in (2):and the installation of such equipment; b. Removable from a permanentlyin- 2. Replacing the $250 Limit of Insurance for reasonable expenses with$500 in(4). stalled housing unit.as described in Paragraph 2.a.above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II- LIABILITY COVERAGE, B.F. Who is an Insured-Amended Ex- clusions, 5. Fellow Employee is modified as follows: SECTION II - LIABILITY COVERAGE, A. Exclusion 5. Fellow Employee is deleted. Coverage, 1.Who is an Insured is amended . by adding the following: I. Hired Auto-Physical Damage The following are"insureds": If hired"autos"are covered"autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. • lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired"auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy, or would be an ever is the least, minus a deductible. "insured" under such policy but for termi- nation of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned"auto" for that coverage, or$1,000,whichever is 2. Any organization that is newly acquired or less'. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.,with its permission. Page 2 of 4 4. Subject to the above limit,deductible, and K. Transportation Expense-Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV- cable to any covered "auto" you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tatiori Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION In - PHYSICAL DAMAGE COV- pay for any one "accident"is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exclusion does not cated above. apply to the accidental discharge of an airbag. J. Rental Reimbursement This coverage for airbags is excess over any other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE is amended by adding the following: M. Loan or Lease Gap Coverage 1. We will pay for rental reimbursement ex- 1. SECTION III - PHYSICAL DAMAGE penses incurred by you for the rental of COVERAGE, C. Limit of Insurance is an"auto"because of a "loss"to a covered deleted in its entirety and replaced by the "auto". Payment applies in addition to the following, but only for private passenger otherwise applicable amount of each cov- type"autos"with an original loan or lease, erage you have on a covered "auto". No and only in the event of a "total loss" to deductible applies to this coverage. such a private passenger type"auto": 2. We will pay only for those expenses in- a. The most we will pay for"loss"in any curred during the policy period beginning one"accident"is the greater of 24 hours after the "loss" and ending, re- (1) The amount due under the terms gardless of the policy's expiration, with of the lease or loan to which the lesser of the following number of your covered private passenger days: type "auto"is subject, but will not a. The number of days reasonably re- include: quired to repair the covered "auto". If (a) Overdue lease or loan pay- "loss"is caused by theft,this number ments; of days is added to the number of days it takes to locate the covered (b) Financial penalties imposed "auto"and return it to you;or under the lease due to high b. 30 days. mileage, excessive use or abnormal wear and tear; 3. Our payment is limited to the lesser of the amounts: (c) Security deposits not re- followingfunded by the lessor; a. Necessary and actual expenses in- (d) Costs for extended warran- curred; or ties, Credit Life Insurance, b. $50 per day. Health, Accident or Disabil- ity Insurance purchased 4. This coverage does not apply while there with the loan or lease;and are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. • under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de- Coverage Extensions. termining actual cash value at the time of"loss". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.,with its permission. Page 3 of 4 2. .SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the • purposes of this Loan or Lease Gap SECTION IV - BUSINESS AUTO CONDI- Coverage: TIONS, B..General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. ' • However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- ageSECTION III - PHYSICAL DAMAGE COV- under this Coverage Form because of such failure. ERAGE, D.Deductible is amended by adding the following: Q. Mental Anguish Resulting from Bodily Inju- ryNo deductible applies to glass damage if the • glass is repaired in a manner acceptable to us SECTION V- DEFINITIONS, C. "Bodily inju- rather than replaced. ry" is deleted in its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suit or Loss-Amended "Bodily injury"means bodily injury;sickness or SECTION IV - BUSINESS AUTO CONDI- disease sustained by a person, including men- tal anguish and death sustained by the same TIONS, A. Loss Conditions, 2. Duties in the person that results from such bodily injury, • Event of Accident, Claim,Suit or-Loss,a.is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci- result from bodily injury, sickness or disease. dent"or"loss"is known to: R. Coverage for Certain Operations in Con- 1. You,if you are an individual; nection with Railroads -2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag- er,if you are a corporation;or 1. Section V- Definitions, H. "Insured con- tract", 1.c.is amended to read: 4. A member or manager, if you are a lim- ited liability company. c. An easement or license agreement; 2. Section V- Definitions, H."Insured con- tract",2.a.is deleted. • Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.,with its permission. Page 4 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disdose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 9 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage(Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property ................14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds-Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 • Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or orris- and Similar Laws sion; and Any daim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ante. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or This insurance does nota I disability benefits law or any apply similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- ability imposed on a fiduci- "Bodily injury", "property ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, • dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col- tract lectble insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment-Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any daim based upon: (3) Coercion, demotion, reassign- 1) •Failure of anyinvest- evaluation,ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations c Persons or organizations applies to all damages sus- ( ) 9 tained by any one "em- making� claims or bringing ployee", induding such"em- "suits"; ployee's" dependents and (d) Acts,errors or omissions;or beneficiaries, because of all acts, errors or omissions to (e) Benefits induded in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts,errors against any "suits" or omissions negligently commit- seeking those dam- ted in the "administration" of ages; and your "employee benefit pro- 2) Your duties, and the gram". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act,error or Limit shown in Section B.Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of • plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of claim or"suit"and, upon no- tification of the action taken, (a) An act, error or omission;or you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions ads, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However,the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payment of benefits in any replaced by the following: plan induded in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit Our obligation to paydam- a. You must see to it that we are noti- (a) 9 fed as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a daim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 • in any benefit induded benefits, workers' corn- in the "employee bene- pensation and disability fit program". benefits; and • However, "administration" d. Vacation plans, indud- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll sence programs, in- tions; or cluding military, mater- b. The failure to effect or nity, family, and civil leave; tuition assis- maintain any insurance tance plans; transporta- or adequate limits of tion and health dub coverage of insurance, s including but not limited subsidies. to unemployment in- (2). The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding2. "Cafeteria plans" in which money means damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit"includes: tain benefits with pre-tax I dollars. a. An arbitration proceed- ing in which such dam- 3. "Employee benefit pro- ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a"cafeteria plan"or otherwise: b. Any other alternative • dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- ' tat, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil pro- ; •. other than an "em- ceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made ' son actively employed, for- generally available to merly absence employed, on leave ooof • hose "employees"who . satisfy the plan's eligi- tired. "Employee" includes bility requirements; a "leased worker". "Em- ployee" does not indude a b. Profit sharing plans, "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL 'subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an "employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- • resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment insur- failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declare- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage"to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of"prop- erty damage" to premises With your consent, we will make while rented to you or tern- these payments regardless of fault. porarily occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any Coverage one "occurrence" to which SECTION I - COVERAGES, COV- this insurance applies. ERAGE A. BODILY INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions,j. Damage to Prop- Limits of Insurance, 3. Dam- erty, Subparagraphs (3), (4) and (5) age to Premises Rented to do not apply to"property damage"to You of this endorsement. the property of others described therein. 4. Supplementary Payments With respect to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES AAND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declarations are replaced by the lirn- lowing: its designated in Section B.Limits of Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance, 4.a.Bail Bonds Control Liability Coverage of this of this endorsement for cost of bail endorsement with respect to cover- bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown in Section B. Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- b. Paragraph 4. is replaced by the fol- ape and Care, Custody or Control lowing: Liability Coverage of this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the the insured at our request to assist number of: us in the investigation or defense of 1 the claim or "suit", including actual (1) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons or organizations making off from work. claims or bringing"suits". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 - half of such additional solely for the pur- insured. - pose of inspection, demonstration, (b) Any person or organization testing, or the from which you lease substitution of equipment with whom youparts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- • • solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence"which takes place normally under- after the equipment lease takes to make in expires. the usual course or organization of business, in (c) Any person9 connection with (referred to below as yen- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products"which erations, except • are distributed or sold in the such operations regular course of the yen- performed at the • dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or 'u a) "Bodilysale by you, have injury"rY or been labeled or re- "property damage" labeled or used as for which the yen- a container,part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- - the vendor. ity in a contract or agreement. This 2) This insurance does exdusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or Anyphysical or containing such c) P Y products;or chemical change in the product b) When liability in- made intentionally cluded within the • by the vendor; "products- ' completed completed opera- d) Repackaging,P 9 g, tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, 1) As otherwise provided shop drawings, in SECTION IV - opinions, reports, COMMERCIAL GEN- surveys, field or- ERAL LIABILITY ders, change or- CONDITIONS, 5. ders or drawings Other Insurance, b. and specifications; and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an •additional insured by 3) "Your work"for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph Specific (f) above, SECTIO III - ConformancefContrac LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage If a written contract or Part,whichever are less. If no limits are specified in the written contract or agreement between you and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Dedarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are indusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or • shown in the Declarations. CG 20 37 (where edi- c. SECTION IV -COMMERCIAL GEN- tion specified);or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and /or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted as providing the limits or (b) Any insurance provided by coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 (2) The names and addresses of This requirement applies only when any injured persons and wit- the "occurrence or offense is known nesses; and to an"authorized representative". • (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. • Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 / 17 1$L.to4-.01 "�"...1 STANPLU-01 , VMCLEAN AC4COR'0' CERTIFICATE OF !JABILITY INSURANCE DATE(MM/DD/YYY)� 4.....� , i 12/26/2018 THIS CERTIFICATE IS ISSUED AS A ATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIV LY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSU NCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder ian ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject-o_the_..terms_and_ oXiations of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to?t a certificate'holder_imlieu of such endorsement(s). PRODUCER NAME: '-- �. h'-'Y L I,,r CONTACT Vickie Mclean Hub International Northwest LLC fff ; PO Box 3144 i i;' J 2 2!�i;) PHONE HOO N,Est):(509)462-7850 FAX No): — Spokane,WA 99220AoaRIEss:Vickie.mclean@hubinternatiorlal.com i -r,?r n- I INSURER(S)AFFORDING COVERAGE NAIC it - - - INSURER A:Cincinnati Casualty 28665 INSURED INSURER B: Standard Plumbing Heating INSURER C: Controls Corporation 10419 E.Trent Avenue INSURER D: Spokane Valley,WA 99206-4515 INSURER E: INSURER F: ' COVERAGES CERTI ICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES F INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQ IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY P RTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PO ICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ICY EXP LTR TYPE OF INSURANCE NSD SUBR AD L WVPOLICY NUMBER (MM/DDY/YYYY) (EFF MM/DD//YYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP0517530 01/01/2019 01/01/2022 DAMAGE TO RENTED 1,000,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY jEeT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (Ea BaIKED INGLE LIMIT $ 1,000,000 X ANY AUTO EBA0517530 01/01/2019 01/01/2020 BODILY INJURY(Per person) $ OWNED r— SCHEDULED AUTOSEEONLY _ AUTOSpp BODILY INJURY(Per accident) $ • A�RTOS ONLY AUTOS ONLY Pgaccid n)AMAGE $ A UMBRELLA LIAB _ OCCUR EACH OCCURRENCE _ $ 3,000,000 EXCESS UAB CLAIMS-MADE EPP0517530 01/01/2019 01/01/2022 AGGREGATE $ DED X RETENTION$ 10,000 $ 3,000,000 A WORKERS COMPENSATION ' AND EMPLOYERS'LIABILITY STATUTE ER H ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N EPP0517530 01/01/2019 01/01/2022 E.LEACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A - (Mandatory ioNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Equipment Floater EPP0517530 01/01/2019 01/01/2022 Limit 25,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached It more space Is required), City of Spokane Valley named as additional ins red.Primary/non contributory additional insured applies.Automobile additional insured included.Automobile primary coverage.Per project aggregate applie . CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE • Cityof Spokane ValleyParks&Recreation THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PDeptACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE 1 e4, S44.' ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-table of Contents: Coverage: Begins on Page: 1. Employee B nefit Liability Coverage2 2. Unintention I Failure to Disclose Hazards 7 3. Damage to remises Rented to You 8 4. Supplemen ry Payments 9 5. Medical Payments 9 6. Voluntary Pr perty Damage(Coverage a.)and Care,Custody or Control Liability Cov rage(Coverage b.) 9 7. 180 Day Cok erage for Newly Formed or Acquired Organizations 10 8. Waiver of S brogation 10 9. Autos atic'A ditional.Insured.-Specified Relationships: 10 • Manages or Lessors of Premises; • Lessor Of Leased Equipment; • Vendor ; • State or,IPolitical Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contra ors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds-Specified Health Care Services: ..... 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial (General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Lirnit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with Its permission. Page 1 of 15 , 1 1 , , I) Reports all, or formance of investment any part,of the vehicles;or ad, error or omission to us 3) Advice given to any or any other person witrespect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the ad, er- (f) Workers' Compensation ror or orris- and Similar Laws sion;and Any daim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any • arca. . , workers' compensation, un- employment compensation (2) Exclusions ' insurance,social security or disability benefits law or any This insurance does not apply similar law. to: • (a) Bodily Injury, Property (g) ERISA Damage or Personal and • Damages for which any in- Advertising injury sured is liable because of"8odil injury", "propertyli- ability imposed on a fidud- Y 1 rY ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or • local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, , fraudulent, criminal or mall- Any claim for benefits to the cious act,error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable . (c) Failure to Performa Con- funds accrued or other cd- tract lectble insurance. Damages arising out of fail- •(I) Taxes,Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any ensurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment-Related Prati Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any daim based upon: ' (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 i i (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations Persons or organizations applies to all damages sus- (c) 9 tained by any one "em- making claims or bringing ployee".induding such"em- "suits"; ployee's" dependents and (d) Acts,errors or omissions;or beneficiaries, because of all acts, errors or omissions to (e) Benefits induded in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any "suits" damages because of acts,errors seeking those dam- or omissions negligently commit- ted in the "administration" of ages;and your "employee benefit pro- 2) Your duties, and the gram"• duties of any other in- (3) Subject to the limit described in volved insured. in the (2) above, the Each Employee event of an act,error or omission,or claim, Limit shown in Section B.Limits of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or"suit"and,upon no- tification(a) An act, error or omission;or of the action taken, you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts,errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LLABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However,the amount,paid under fol- lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted In its entirety and to the payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit Our obligation to paydam- a. You must see to it that we are noti- (a) g fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a daim. To the extent possible, no- amount of damages In ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act,error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 5 of 15 i , i in any benefit included benefits, workers' corn- . in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation plans, indud- does not include: ing buy and sell pro- a roll deduc- grams; leave of ab- a. Handling P Y sence programs, in- tions;or chiding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition transporassta- or adequate limits of tion and health dub coverage of insurance, sun ildub including but not limited subsidies to unemployment in- (2) The following definitions are de- surance, social security leted in" their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. 'Suit' means a civil lans" means pro- ceeding in which money 2. "Cafeteria P damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit'includes: tain benefits with pre-tax dollars. a. An arbitration proceed- benefit ro- proceed- ing in which such dam- 3. "Employee P ages are daimed and grams" means a program to which' the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a"cafeteria plan"or otherwise: b. Any other alternative dispute resolution pro- a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil pro- other than an "em- ceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made . son actively employed, for- generally available tomercy employed,on leave of those"employees"who absence or disabled, or re- satisfy the plan's eligi- tired. "Employee" includes bility requirements; a "leased worker". "Em- ployee" does not indude a b. Profit sharing plans, 'temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ands slon plans and stock SECTION IV-COMMERCIAL GENERAL subscription'plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an "employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the Alan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such c. Unemployment insur- failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 1 1 1 1 1 1 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement You Limit as shown in the Declare- 6. "Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Coy- LIMITS` OF INSURANCE is erage hereby deleted and replaced by • the fdlowing: We will pay for"property damage"to property of others arising out of op- 6. Subject to 5. above, the erations inddentarto the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under -(1) Damage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY DAMAGE LIABILITY, for .(2) Damage occurs while in the in- •damages because of"prop- sated s possession. erty damage" to premises With your consent, we will make while rented to you or tern- these payments regardless of fault. poranly occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any • Coverage; one "occurrence" to which SECTION I .- COVERAGES, COV- this insurance applies. ERAGE A. BODILY:INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions,j.•Damage to Prop- 'Limits of Insurance, 3. Dam- erty, Subparagraphs.(3),.(4) and(5) 'age. to Premises Rented to do not apply to"property damage"to `'You of this endorsement. -- the property -of _others described therein. 4. Supplementary Payments With respect to the insurance provided by Under'SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES A AND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declaratione,are replaced by the lim- lowing: its designated in Section B.Limits of Up to the limit shown in Section B. Insurance;--'-6. Voluntary Property r Limits of Insurance,4.a.Bail Bonds . Damagel .and ity.°Cpre. Custodyf is of this.endorsement for cost of bail Control entLiawith of this endorsement with respect to cover- . bonds,required because of accidents age provided by this 'endorsement. or traffic law violations arising out of Theseliniits are indusive of and not the Use of any vehicle to which the in addition to ;the~limits being re- Bodily:Injury Liability'Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown.iri Section;B.Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- b. Paragraph 4. Is replaced by the fol- ape and Care, Custody or Control lowing: Liability..Coverageof this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one l"occurrence" regardless of the the insured at our request to assist number of: us in the Investigation or defense of the claim or "suit", including actual (1) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, .or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons,or organizations making off from work. claims,or.bringing"suits". 5. Medical Payments b. Deductible Clause ' The Medical-Expense Limit of Any One (1) Our obligation.to,pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 1 1 1 half of such additional solely for the pur- insured. pose of inspection, demonstration, (b) Any person or organization testing, r the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide In- manufacturer, and surance. Such person(s)or then repackaged organization(s)are insureds in the original con- solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such Inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence"which takes place normally under- after the equipment lease takes to make in expires. the usual course (c) Anyperson or organization of business, inh 9 connection with (referred to below as van- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arisinging or repair op- out of"your products"which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or a) "Bodilyinjury" sale by you, have or been labeled or re- "property damage" labeled or used as for which the ven- a container,part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. Ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or containing such c) Any physical or products;or chemical change in the product b) When liability in • - made intentionally cluded within the by the vendor; "products- completed opera- d) Repackaging, tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 1 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, 1) As otherwise provided shop drawings, in SECTION IV - opinions, .reports, COMMERCIAL GEN- surveys, field or- ERAL LIABILITY ders, change or- CONDITIONS, 5. ders or drawings • Other Insurance, b. and specifications; Excess Insurance;or and • b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by .3) "Your work"for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall-also be excess. volved. (2) Condition 11..Conformance to b. Only with regard to insurance pro- Specific. Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - 11. Conformance to Specific LIMITS OF INSURANCE is amended Written • Contract or to include: Agreement The limits applicable to the additional With, respect to additional insured are those specified in the insureds described in Para- written contractror agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage 'If a written contract or Part,whichever are less. If no limits agreement between you ` are'spedfied in the written contract or and the additional insured agreement, or„if there`is no written specifies .that coverage for contract or agreement;.._the limits ap- the additional insured: plicable to-the additional insured are , those specified in the Declarations of a. 'Be,provided by the In- this Coverage Part. The-limits of in- surance Services Office surance are indusive of and not in :additional insured form ._addition -to the. limits of insurance number CG 20 10 or ' shown in the Declarations. CO 20.37 (where edi- tionc. SECTION IV-COMMERCIAL GEN- ERAL specified);or LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5.Other Insurance is or amended to include:' c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance Is primary and / .erage:provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance stridive than was spedfi- policy issued to the addi- cally required in that written tional Insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and /or noncon- 9.a.(3)(a), 9.a(3)(b) or 9.b. tributing, whichever applies, above, or any combination With this insurance. thereof, shall be interpreted as providing the limits or (b) Any insurance provided by coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 13 of 15 1 1 1 1 1 1 (2) The names and addresses of This requirement applies only when any injured persons' and wit- the "occurrence"or offense is known nesses;and to an"authorized representative". (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 • 1 1 1 1 1 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to-the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. (Blanket Waiuerkof:Subrogation$ ' This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage";and amended by the addition of the following: 2. Is still in force at the time of the"accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for "bodily injury" or "property damage"arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an'"insured contract". provid- The following is added to the Section II - ed the"bodily injury"or"property damage"oc- Liability. Coverage, A. Coverage, 1. curs subsequent to the execution or the "in- Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Nohiorifriliu£ory'tnsurarice while operating an "auto" hired or rented SECTION IV - BUSINESS AUTO CONDI- under a contract or agreement in that "employee's".name,with your permission. TIONS, B. General Conditions, S. Other In- while performing duties related to the surance c.is replaced by the following: conduct of your business. • c. Regardless of the provisions of Par- 2. Changes in General Conditions agraph a. above, this Coverage Form's Liability Coverage is primary SECTION IV - BUSINESS AUTO CON- and we will not seek contribution DITIONS, B. General Conditions, 5. from any other insurance.for any Iia- Other Insurance is.amended by replac- bility• assumed under an "insured ing Paragraph 5.b.with the following: contract" that requires liability to be assumed on a primary noncontributo- b. For Hired Auto Physical Damage ry basis. Coverage the following are deemed to be covered"autos"you own: C. Adctitto fal,lnsured by Confect (1) Any covered "auto" you lease. SECTION II - LIABILITY COVERAGE, A. hire,rent or borrow;and Coverage, I. Who is an Insured is amended to include as an insured any person or organi- (2) Any covered "auto" hired or zation with which you have agreed in a valid rented by your"employee" under written contract to provide insurance as is af- a contract in that individual "em- forded by this policy. ployee's" name, with your per- mission, while performing duties This provision is limited to the scope of the related to the conduct of your valid written contract. business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.,with its permission. Page 1 of 4 1 1 1 1 1 1 4. Subject to the above limit,deductible,and K. Transportation Expense-Higher Limits excess provisions we will provide cover- age equal to the broadest coverage appli- SECTION III - PHYSICAL DAMAGE COV cable to any covered "auto"you own in- ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage includes loss of use of that hired au- $1.500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of L. Airbag Coverage a monetary loss is sustained by the 9 leasing or rental concern. The most we will SECTION Ill - PHYSICAL DAMAGE COV- pay for any one"accident"is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto- Physical Damage is adding the following: shown in the Schedule, then that limit replac- However. the mechanical and electrical es.and is not added to,the$50,000 limit indi- breakdown portion of this exclusion does not cated above. apply to the accidentaldischarge of an airbag. J. Rental Reimbursement This coverage for airbags is excess over any other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE is M. Loan or Lease GapCoverage by adding the following: 1. We will pay for rental reimbursement ex- 1. SECTION Ill - PHYSICAL DAMAGE penses incurred by you for the rental of COVERAGE, C. Limit of Insurance is an"auto"because of a"loss"to a covered deleted In its.entirety and replaced by the "auto". Payment applies in addition to the following, but only for private passenger otherwise applicable amount of each coy- type"autos"with an original loan or lease. erage you have on a covered "auto". No and only in the event of a "total loss" to deductible applies to this coverage. such a private passenger type"auto": 2. We will pay only for those expenses in- a. The most we will pay for"loss"in any curred during the policy period beginning one"accident"is the greater of: 24 hours after the "loss" and ending, re- (1) The amount due under the terms gardless of the policy's ekpiration, with of the lease or loan to which the lesser of the following number of your covered private passenger days: type"auto"is subject,but will not a. The number of days reasonably re- include: quired to repair the covered"auto". If (a) Overdue lease or loan pay- "loss"is caused by theft,this number ments; of days is added to the number of days it takes to locate the covered (b) Financial penalties imposed "auto"and return It to you;or under the lease due to high b. 30 days. mileage, excessive use or abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- following amounts: funded by the lessor; a. Necessary and actual expenses in- (d) Costs for extended warren- curred;or ties. Credit Life Insurance, b. $50 per day. Health, Accident or Disabil- ity Insurance purchased 4. This coverage does not apply while there with the loan or lease;and are spare or reserve "autos" available to you for your operations. (e) Carry-over balances from previous loans or leases,or 5. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de- Coverage Extensions. termining actual cash value at the time of"loss". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.,with its permission. Page 3 of 4 SECTION V- DEFINITIONS ; A. "Accident" includes continuous or repeated where they are accepted by the "in- exposure to the same conditions resulting in sured"for movement into or onto the "bodily injury"or"property damage". covered"auto";or B. "Auto"means: c. After the "pollutants" or any property con- 1. A ,land motor vehicle, "trailer" or semi- in which the "pollutants" are trailer designed for travel onpublic roads; twined are moved from the covered g "auto" to the place where they are fi- or nally delivered,disposed of or aban- 2. Any other land vehicle that is subject to a doned by the"insured". compulsory or financial responsibility law Paragraph a.above does not apply to fu- or other motor vehicle insurance law els, lubricants, fluids, exhaust gases or where it is licensed .or principally ga- other similar"pollutants" that are needed raged. for or result from the normal electrical, However, "auto" does not include "mobile hydraulic or mechanical functioning of the equipment". covered"auto"or its parts,if: C. "Bodily injury"means bodily injury,sickness or (1) The "pollutants" escape, seep, disease sustained by a. person including migrate, or are discharged, dis- death resulting from any of these. persed or released directly from an "auto" part designed by its D. "Covered pollution cost or expense" means manufacturer to hold, store, re- any cost or expense arising outof: ceive or dispose of such "pollut- 1. Any_request, demand, order or statutory ants";and or regulatory requirement that the "in- (2) The "bodily injury", "property Mired" or others test for, monitor, clean damage" or ."covered pollution up, remove, contain, treat, detoxify or cost or expense" does not arise neutralize, or in any way respond to, or out of the operation of any assess the effects of"pollutants";or equipment listed in Paragraphs 6:b. or 6.c. of the definition of 2. Any claim.or "suit" by or on behalf of a "mobile equipment". governmental authority for damages be- cause of-testing for, monitoring, cleaning Paragraphs b.and c.above do not apply up, removing, containing, treating, de- to "accidents" that occur away from toxifying or.neutralizing,or in any way re- premises owned by or rented to an "in- sponding to,.or assessing the effects of sured" With respect to "pollutants" not In "pollutants". or upon a covered"auto"if: "Covered pollution cost or expense" does not (1) The "pollutants" or any property include any cost or expense arising out of the in which the "pollutants" are actual, alleged or threatened discharge, dis- contained are upset, overturned persal, seepage, migration, release, escape or damaged as a result of the or emission of"pollutants": maintenance or use of a cov- a. That are,or that are contained in any Bred"auto";and property.that is: (2) The discharge, dispersal, seep- age, migration, release, escape (1) Being-transported or towed by, or emission of the "pollutants" is handled, or handled for move- caused directly by such upset, ment into, Onto or from the coy- overturn or damage. ered"auto"; E. "Diminution in value"means the actual or per- (2) Otherwise in the course of tran- ceived loss in market value or resale value sit by or on behalf of the "in- which results from a direct and accidental sured''; "loss". (3) Being stored, disposed of, F. "Employee" includes a "leased worker". "Em- treated or processed in or upon ployee" does not include a "temporary the covered"auto";or worker". b. Before the "pollutants" or any prop- G. "Insured" means any person or organization erty in which the "pollutants" are qualifying as an insured in the Who is an In- contained are moved from the place sured provision of the applicable coverage. Includes copyrighted material of Insurance AA 101 03 06 Services Office, Inc.,with its permission. Page 11 of 14 1 1 (2) .In excess of the "underlying limit" d. The limits of "underlying Insurance" shall applicable to the "occurrence" only be deemed applicable, regardless of any after the insurers who provide the defense which the insurer who provides applicable "underlying insurance" the "underlying insurance" may assert have paid or become obligated to because of the insured's failure to comply pay the amount of the "underlying with any Condition of the policy or the in- limit"applicable to the"occurrence". ability of the insurer to pay by reason of Our payment will be made following final bankruptcy or insolvency. determination of the amount of the in- 9. Other Insurance sured's obligation to pay either by final This insurance is excess over, and shall not judgment against the insured or by writ- contribute with anyother insurance, whether ten agreement with the insured, the claimant,the underlying insurers and us. primary, excess, contingent or on any other basis. This condition will not apply to insur- 7. Liberalization ance specifically written as excess over this If,within 60 days prior to the beginning of this Coverage Part. Coverage Part or during the policy period,we 10. Premium make any changes to any forms or endorse- The premium for this Coverage Part shall be as stated In the Declarations. The advance currently no separate premium charge, and that change provides more coverage than this and anniversary premiums are not subject to Coverage Part, the change will automatically adjustment, except as stated in the Declara- apply to this Coverage Part at the latter of: lions,or as stated in an endorsement issued by us to form a part of this Coverage Part. a. The date we implemented the change in your state;or You shall maintain records of such information as is necessary for premium computation,and b. The date this Coverage Part became ef- shall, if requested by us, send copies of such fective;and records to us at the end of the "coverage Will be considered as included until the end of term" and at such times during the policy pe- the current policy period. We will make no pe- riod as we may direct. additional premium charge for this additional 11. Representations coverage during the interim. a. By acceptance of this Coverage Part,you . 8. Maintenance of Underlying Insurance agree that the statements in the Declara- tions are your agreements and repre- a. While this Coverage Part is in effect, the sentations, that this Coverage Part is is- insured shall maintain in force the "un- sued in reliance upon the truth of such derlying insurance" listed in the Schedule sued in reliance upon the truth of such of Underlying Insurance as collectible in- representations and that this Coverage Part embodies all agreements existing surance. The terms; conditions and en- between you and us or any of our agents dorsements of"underlying insurance" will relating to this insurance. not materially change and renewals or replacements of "underlying insurance" b. However, to the extent that the following will not be more restrictive in coverage. applies in the "underlying insurance" listed.specifically in the Schedule of Un- b. Limits of "underlying insurance" will not derlying Insurance, it will also apply to be reduced, except for any reduction or this Coverage Part: exhaustion in the aggregate limits of in- surance due to payment of claims which Based on our reliance upon your repro- are in accordance with SECTION I - sentations as to existing hazards, if un- COVERAGE, A. Insuring Agreement, intentionally you should fail to disclose all Paragraph 2.of this Coverage Part. such hazards at the inception date of this Coverage Part, we will not reject cover- c. in the event you fail or neglect to maintain age under this Coverage Part based "underlying insurance" as required, this solely on such failure. Coverage Part will apply as though such "underlying insurance" was in force and 12. }Separation;of Insureds: �'Insureds: LC nY C"ZY9'' collectible at the time a claim is presented Except with respect to the Limits of Insurance, us which is in accordance with SEC- P p TION I - COVERAGE, A. Insuring and any rights or duties specifically assigned Agreement, Paragraph 2. of this Cover- in this Coverage Part to the first Named In- age Part sured,this insurance applies: Includes copyrighted material of ISO US 101 UM 12 04 Properties,Inc.,with its permission. Page 14 of 22 . 1 , 1 i 1 1 with respect to their duties as trus- (b) The "bodily injury" or "property • tees. damage" is sustained by a co- b. Each of the following is also an insured: "employee"of such"employee". (3) Someone using an"auto"while he or (1) Any"employee"of yours while acting she is working in a business of sell- within the scope of their duties as ing, servicing, repairing, parking or such. storing "autos", unless that business (2) Any person or organization while is yours. acting as your real estate manager. (4) Anyone other than your "employ- (3) Any person or organization having ees", partners (if you are a partner- proper temporary custody of your ship), members (if you are a limited property if you die,but only: liability company),or a lessee or bor- rower or any of their "employees", (a) With respect to liability arising while moving property to or from an out of the maintenance or use of "auto". that property;and c. Anyone liable for the conduct of an in- (b) Until your legal representative sured described in Paragraphs 2.a. and has been appointed. b. above is also an insured, but only if they are provided insurance coverage for (4) Your legal representative if you die, such liability by valid and collectible "un- but only with respect to duties as derlying insurance"listed in the Schedule such. of Underlying Insurance and then only for 2. Only with respect to liability arising out of the such hazards for which coverage is pro- vided by such "underlying insurance". ownership,maintenance,occupancy or use of an "auto": 3. At your option and subject to the terms of this a. You are an insured. insurance, any additional insureds not ad- dressed by Paragraphs 1. and 2. above cov- b. Anyone else while using with your per- ered in the "underlying insurance"listed in the mission an "auto"you own,hire or borrow Schedule of Underlying Insurance are also fin- is also an insured except: sureds,but only to the extent that insurance is provided for such additional insureds there- (1) The owner or any other person or under. organization (except your "executive officers" or principals) from whom No person or organization is an insured with re- you hire or borrow an "auto", unless spect to the conduct of any current or past part- such persons or organizations are nership, joint venture, or limited liability company insureds in your "underlying insur- that is not shown as a Named Insured in the Dec- ance" listed in the Schedule of Un- larations. denying Insurance,and then only for SECTION III-LIMITS OF INSURANCE such hazards for which coverage is provided by such "underlying insur- 1. The Limits of Insurance shown in the Declara- ance". This exception does not ap- tions and the rules below fix the most we will ply if the "auto" is a trailer or semi- pay regardless of the number of: trailer connected to an "auto" you own. a. Insureds; (2) Your "employee", if the "auto" is b. Claims made or"suits"brought;or owned by that "employee" or a member of his or her household, c. Persons or organizations making claims unless: or bringing"suits". (a) Such "employee" is an insured 2. The Aggregate Limit is the most we will pay with respect to that"auto" in the for all damages: "underlying insurance" listed in a. Included in the "products-completed op- the Schedule of Underlying In- erations hazard"; surance, and then only for such hazards for which coverage is b. Because of "bodily injury" by disease provided by such "underlying in- sustained by your "employees" arising surance";or out of and in the course of their employ- ment by you;or Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc.,with its permission. Page 11 of 22 gate'Limit of Insurance, Paragraph 2.b., your behalf at the same location for ' or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how 2.c.applies. many different contracts, will be b. A separate Location General Aggregate project. to be a single construction • Limit of Insurance,equal to the amount of p the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre- Declarations, shall apply to each location gate Limit is the most we will pay under COV- owned by,or rented or leased to you and ERAGE A. BODILY INJURY AND PROP- is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property darn- (1) Damages under COVERAGE A. age" included in the "products-completed op- BODILY INJURY AND PROPERTY erations hazard". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard";and VERTISING INJURY LIABILITY for the sum of all damages because of all"personal and ad- (2) Medical expenses under COVER- vertising injury" sustained by any one person AGE C.MEDICAL PAYMENTS, or organization. which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies, only a single location owned by,or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE Li- the amount of the General Aggregate ABILITY;and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage"arising out of any one"occurrence". DAMAGE UABILITY, except dam- 6. Subject to 5.above,the Damage to Premises ages because of "bodily injury" or j g "property damage" included in the Rented to You Limit is the most we will pay "products-completed operations under COVERAGE A. BODILY INJURY AND hazard";and PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the AGE C.MEDICAL PAYMENTS; case of damage by fire or explosion, while which can be attributed onlyto ongoing rented to you or temporarily occupied by you g g with permission of the owner. operations and only at a single construc- tion project. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of"bodily injury" sustained 2.a.,2.b.,or 2.c.,applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separately to each"coverage term". premises,whose connection is inter- rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI- waterway or right-of-way of a rail- ABILITY CONDITIONS road. 1. Bankruptcy (2) Construction project means a loca- tion Bankruptcy or insolvencyof the insured or of you do not own, rent or lease P Y where ongoing improvements, al- the insured's estate will not relieve us of our terations, installation, demolition or obligations under this Coverage Part. maintenance work is performed by 2. Duties in the Event of Occurrence,Offense, you or on your behalf. All connected Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nance work performed by you or on soon as practicable of an "occurrence"or Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 13 of 22 , , premises rented to you or tern- , shown in the Declarations of this Cover- , porarily occupied by you with age Part. permission of the owner;or c. Method of Sharing (d) If the loss arises out of the If all of the other insurance permits con- "autos" maintenanceor watercraftor use of the ex-ft, tribution by equal shares, we will follow tetan t not subjecttoSECTIONto the ex- this method also. Under this approach nt to I A. each insurer contributes equal amounts COVERAGES, COVERAGEAuntil it has paid its applicable limit of in- ERTYBODILY INJURY AND PROP- surance or none of the loss remains, DAMAGE LIABILITY, 2. Exclusions,g.Aircraft,Auto or whichever comes first. Watercraft. If any of the other insurance does not (2) Any other primary insurance avail- permit contribution by equal shares, we able to the insured covering liability will contribute by limits. Under this for damages arising out of the method,each insurer's share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the-insured has been added of all insurers. as an additional insured by attach- 6. Premium Audit ment of an endorsement. a. We will compute all premiums for this (3) Any other insurance: Coverage Part in accordance with our (a) Whether primary, excess, con- rules and rates. tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium written specifically to be excess only. At the close of each audit period we over this insurance;and will compute the earned premium for that (b) That is a consolidated(wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and ret- been provided by the prime rospective premiums is the date shown contractor/project manager or as the due date on the bill. If: owner of the consolidated prof- (1) The earned premium is less than the ect in which you are involved. deposit premium, we will retum the When this insurance is excess, we will excess to the first Named Insured;or have no duty under COVERAGE A. (2) The earned premium is greater than BODILY INJURY AND PROPERTY the deposit premium, the difference DAMAGE LIABILITY or.COVERAGE B. will be due and payable to us by the PERSONAL AND ADVERTISING IN- first Named Insured upon notice from JURY LIABILITY to defend the insured us. against any"suit" if any other insurer has a duty to defend the insured against that c. The first Named Insured must keep rec- "suit". If no other insurer defends,we will ords of the information we need for pre- . undertake to do so, but we will be entitled mium computation,and send us copies at to the insured's rights against all those such times as we may request. other insurers. 7. Representations • When this insurance is excess over other insurance, we will pay only our share of By accepting this Coverage Part,you agree: the amount of the loss, if any, that ex- a. The statements in the Declarations are ceeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repre- insurance would pay for. the loss in sentations you made to us;and the absence of this insurance;and The total of all deductible and self- c. We have issued this Coverage Part in re- (2) liance upon your representations. insured amounts under all that other insurance. 8. Separation'of•Insureds.?l! We will share the remaining loss, if any, Except with respect to the Limits of Insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured,this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office,Inc.,with its permission. Page 15 of 22