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21-047.00 TML Construction: Regional Decant Facility Canopy Contract No. 21-047 CONSTRUCTION AGREEMENT TML Construction,Inc THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and TML Construction,Inc.("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of the Regional Decant Facility Canopy Project(the"Work")in accordance with documents described in Exhibit B and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work within the times specified in the Contract Documents, as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money,adding time needed for administration,engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents) which shall be in the amount of$950 per day. These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$ 491,356.00, plus Washington State Sales Tax of Construction Agreement Page 1 of 9 14.Contractor to Be Licensed and Bonded. Contactor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. l5.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor may elect to have the City retain 10%oldie Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor 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 Contractor, its agents, representatives,or employees. A. Minimum Scope of insurance. Contactor 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. it'necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using iSO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using iSO Additional insured endorsement CG 20 10 10 01 and Additional insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of insurance. Contractor 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 S2,000,000 each occurrence, S2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies arc to contain,or be endorsed to contain. the following provisions for automobile liability and commercial general liability insurance: I. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Construction Agreement Pa_e 4 of() 2.Contractor shall fax or send electronically in .pdt'format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3.IfContractor 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 Contractor, irrespective of whether such limits maintained by Contractor arc 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 Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement. upon which the City may, after giving at least five business days' notice to Contractor 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 Contractor 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. Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit D. 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. Contractor shall be financially responsible for all pertinent deductibles. self-insured retentions, and/or self-insurance. F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 17. Indemnification and Hold Harmless. Contractor 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 and 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 Contractor. Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend.indemnity.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. Contractor's duty to defend.indemnity.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)Contractor, Contractor's agents. subcontractors. subconsultants. and employees shall apply only to the extent of the negligence of Contractor.Contractor's agents.subcontractors. subconsultants.and employees. Construction Agreement Pace 5 o r 9 • Contractor's duty to defend.indemnity,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,and 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. Contractor specifically and expressly waives any immunity that maybe granted.-itunder 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 Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 18. 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. No waiver in one instance shall be held to be 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. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may. from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order ofa Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license.if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County.Washington. Venue shall be in Spokane County.State of Washington. 24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified.or altered except in writing signed by the Parties. 25. Anti-kickback. No officer or employee of City. having the power or duty to perform an official act or Construction.\ reement Pugs 6 ot'9 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. 26.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 27.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 ofany other section, sentence,clause,or phrase of this Agreement. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal laws B. Scope of Work C. Bid Proposal D. Insurance Endorsements E. Performance and Payment Bond 44 The Parties have executed this Agreement this /Z' day of Kid 2,Lr-{� . 20 4. CITY OF SPOKANE VALLEY: Contractor: akt ( / ' ,3% —, _ta/ 3/z12.(252,(r Mark Calhoun,City Manager By: Its: Authorized Representative ATTEST: r iristine Bainbridge,City erk APPROVED AS TO FORM: Office o tl City tt Construction.lgrrement I'av 7 oI'9 Exhibit A—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement.the Contractor. for itself, its assignees,and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: .Compliance with Regulations:The Contractor shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Contractor,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of49 CFR Part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4. Information and Reports:The Contractor shall provide all information and reports required by the Acts, the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations. and instructions. Where any information required of Contractor is in the exclusive possession of another who tails or refuses to furnish the information, the Contractor shall so certify to the City or the \VSDOT,as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: in the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the\VSDOT may determine to be appropriate,including, but not limited to: a. withholding payments to the Contractor under the Agreement until the Contractor complies;and/or b. cancelling,terminating,or suspending the Agreement, in whole or in part. 6.Incorporation of Provisions:The Contractor shall include the provisions of paragraphs one through six of this Exhibit in every subcontract.including procurements of materials and leases of equipment.unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions.including sanctions for noncompliance. Provided,that lithe Contractor becomes involved in.or is threatened with litigation by a subcontractor or supplier because of such direction,the Contractor may request that the City enter into any litigation to protect the interests of the City. in addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement.the Contractor agrees to comply with the following non-discrimination statutes and authorities: including but not limited to: Constriction Agreement Pace 3 ol'9 Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d ciseq.,78 stat.252).(prohibits discrimination on the basis of race.color,national origin);and 49 CFR Part 21: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601).(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 etseq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 e1 seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975.as amended,(42 U.S.C.§6101 er seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982,(49 USC §471, Section 47123).as amended, (prohibits discrimination based on race,creed,color, national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and Ill of the.Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C.§§12 131-12139)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38: The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and • Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); Title iX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 el seq.). Construction Agreement Pa_e 9 of 9 Exhibit B: Scope of Work Regional Decant Facility Canopy Project #0308 The following are herein incorporated by reference and are part of this contract to be executed as the scope of work, provided that if any provisions in such documents conflict with the terms of this Agreement, the terms of this Agreement shall control: 1. "Contract Provisions and Plans for Construction of: Regional Decant Facility Canopy, Project No. 0308; "Conformed Set" 2. "Standard Specifications for Road, Bridge, and Municipal Construction 2021, M 41-10" as issued from the Washington State Department of Transportation and the American Public Works Association (APWA), Washington State Chapter. 3. Technical specifications are in CSI format a publication created and maintained by the Construction Specification Institute(CSI). 4. Also included are specifications created and maintained by the Department of Ecology. General Description of Work: This project consists of the construction of a prefabricated structural seam metal root:electrical . (lighting and receptacles), and down spout drainage connections to existing catch basins, all in accordance with the Contract Provisions and Plans. O \I CITY(>f'�� , Valley. BOND NO: 107368804 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to TML Construction,Inc.(Contractor),as Principal, a contract for the construction of the project designated as Regional Decant Facility Canopy Project No.0308 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$535,086.68 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal,its heirs,executors,administrators,successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the teens and conditions of all duly authorized modifications,additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCJP (C CTOR) TM Construction, Inc. SURETY Trave sualty and Surety Company of America 03/12/2021 03/12/2021 Principal Signature Date Surety Sigma a Date Brian Petersen Shelly Donovan Printed Name Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Alliant Insurance Services. Inc. 818 West Riverside Avenue,Suite 800, Spokane,WA 99201 509-325-3024 Updated 1.14.2013 • crn(*11L�11�. .j�alley BOND NO: 107368804 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to TML Construction, Inc. (Contractor), as Principal,a contract for the construction of the project designated as Regional Decant Facility Canopy,Project No.0308 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws CT and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee,in the sum of$ 535,086.68 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void,if and when the Principal, its heirs,executors,administrators, successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers, laborers,mechanics, subcontractors,and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIP NTRACTOR) TML Construction, Inc. SURETY Tr c Casualty and Surety Company of America � 03/12/2021 /2021 Principal Signature Date Surety Si e Date Brian Petersen Shelly Donovan Printed Name Printed Name President Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Alliant Insurance Services, Inc. 818 West Riverside Avenue,Suite 800, Spokane,WA 99201 509-325-3024 Updated 1.14.2013 Travelers Casualty and Surety Company of America Ain\ Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company Farmington Casualty Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Shelly Donovan of Spokane,WA , their true and lawful Attorney-in-Fact to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law,including the following bond: Surety Bond No.:107368804 Principal:TML Construction,Inc. OR Obligee:City of Spokane Valley Project Description:Regional Decant Facility Canopy IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed, this 6th day of May, 2019. i Wlr.am= C j COloi M 1 I I (*) y Ja • State of Connecticut By: obert L. Raney enior Vice President City of Hartford ss. On this the 6th day of May,2019,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. 'VA IN WITNESS WHEREOF, I hereunto set my hand and official seal. C+toyAi/�C�My Commission expires the 30th day of June,2021 om" r t nna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President, any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her,and it is FURTHER RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity,or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 12th day of March,2021. j��vay,q� , ,,.a.►d. ti G►sus�� 3 d �+ 1037".* . '�� mE j. S it =kit C SAL i T.,_,e,19 a lit'f - - [ '�+d *.�` iS * s + .Hughes,Assis ant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Fact and the details of the bond to which this Power of Attorney is attached. I s.; +F s. :. +r '3.. '�. sv d �"`2r ae -7 + 1a r•w� ,,,xy„ �t ....,�'�a��_� " w ._-i .»».z. i�oKk - _�.i"wwc„a = 1r+ . »»>»,» �. _ � ly', ^ 5 r leYc?' ,do w"'.`n'.. ...'�� _s �—gym_ _iY.._. .. �^a'E� � —�.:_ y-du .. ., . BUSINESSLICENSE ' ST.ATE OF Issue Date: Mar 06, 2020 'A WASHINGTON Unified Business ID#: 601975'177 1 Profit Corporation Business ID#: 001 Location: 0002 , TML CONSTRUCTION, INC. Expires: Mar 31, 2021 aryl a.: 10186 N ATLAS RD r> HAYDEN, ID 83835-9851 Y,, t.' UNEMPLOYMENT INSURANCE -ACTIVE INDUSTRIAL INSURANCE ACTIVE s r, TAX REGISTRATION -ACTIVE b CITY ENDORSEMENTS: ?; SPOKANE VALLEY GENERAL BUSINESS - NON-RESIDENT-ACTIVE Y -;t.. LICENSING RESTRICTIONS: '_>� Not licensed to hire minors without a Minor Work Permit. , v4 j REGISTERED TRADE NAMES: TML CONSTRUCTION, INC. .,i 0,:i ,,„ HI IN •t ,; ci t -,-,.,4 , a fifi}}k f% i t , Y; i 1F. ,,,t1 17- . ',... 4 This document lists the registrations,endorsements,and licenses authorized for the business inamed above.By accepting this document,the licensee certifies the information on the application M t> was complete,true,and accurate to the best of his or her knowledge,and that business wilt be - - 7 try ofRevenue conducted in compliance with all applicable Washington state county,and city regulations. Director,Department t . STATE OF WASHINGTON UBI: 601975177 001 0002 Expires: Mar 31,2021 TML CONSTRUCTION,INC. UNEMPLOYMENT INSURANCE- 10186 N ATLAS RD ACTIVE HAYDEN,ID 83835-9851 INDUSTRIAL INSURANCE-ACTIVE TAX REGISTRATION-ACTIVE SPOKANE VALLEY GENERAL BUSINESS-NON-RESIDENT- ACTIVE TML Construction Inc. Contact List-Spokane Valley Decant Facility Project Manager: Matt Peplinski (509) 280-4724 Project Superintendent: Sean MacNiven (208) 659-4862 • • TMLCONS-01 SSIMPSONI ACORE, (MM/D DATE CERTIFICATE OF LIABILITY INSURANCE EMMID21 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 Stacia Simpson Hub International Northwest LLC PHONEFAX PO Box 3144 (A/C,No,Ext):(509)319-2912 (A/C,No): Spokane,WA 99220 E-MAILADDRESS:Stacia.Simpson@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:BITCO General Insurance Corporation 20095 INSURED INSURER B: TML Construction,Inc. INSURER C: PO Box 2970 INSURER D: Hayden,ID 83835 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 POUCY EFF POLICY EXP LIMITS LTR INSD INVD (MM/DD/YYYYL,1MM/DD/YYYY), A X COMMERCIAL GENERAL LABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CLP3697194 8/19/2020 8/19/2021 DAMAGE TO RENTED 100,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE UABILITY (Ea accidenOMBINEDt) SINGLE LIMIT $ 1,000,000 X ANY AUTO X X CAP3897193 8/19/2020 8/19/2021 BODILY INJURY(Per person) $ AAWNED UTEOS ONLY - AUTOOSWULNEEDD BODILYO INJURY(Per accident) $ X AUTOS ONLY X AUUTOS ONLY PPer aCG�^tDAMAGE A X UMBRELLA UAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE X X 1CUP2818958 8/19/2020 8/19/2021 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED9 andatory m ) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) PROJECT#0308:REGIONAL DECANT FACILITY CANOPY,CITY OF SPOKAN VALLEY CITY OF SPOKANE VALLEY,ITS AGENTS OR EMPLOYEES ARE ADDITIONAL INSURED AS RELATES TO THE GENERAL&AUTO LIABILITY&WAIVER OF SUBROGATION IS GRANTED AS RESPECTS TO THE GENERAL&AUTO LIABILITY IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THE POLICIES. pER PROJECT AGGREGATE DOES APPLY PER FORM ATTACHED.. THE COVERAGE IS PRIMARY AND NON-CONTRIBUTORY WHERE REQUIRED BY A WRITTEN CONTRACT. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY E SPRAGUE E VALLEY AVENUE ACCORDANCE WITH THE POLICY PROVISIONS. 1021SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ` I BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE-AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 11 - Bodily Injury Extension 2- Automatic Waiver of Subrogation 12- Hired Auto Physical Damage 3- Automatic Additional Insured 13- Enhanced Supplementary Payments 4- Primary and Noncontributory-Other 14- Fellow Employee Coverage for Designated Insurance Condition Positions 5- Unintentional Failure to Disclose Hazards 15- Physical Damage—Transportation Expenses 6- Extended Notice of Cancellation, 16- Rental Reimbursement Coverage Non-Renewal 7- When We Do Not Renew 17- Loan/Lease Gap Coverage 8- Notice of Knowledge of Accident or Loss 18- Accidental Air Bag Discharge Coverage 9- Employees as Insured 19- Glass Repair—Waiver of Deductible 10- Employee Hired Autos 1. BROAD FORM NAMED INSURED SECTION It.A. 1.-WHO IS AN INSURED- Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership,joint venture or limited liability company, and over which you maintain majority ownership or interest (51% or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date,whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV — Business Auto Conditions, Paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss,we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0401 (10/17) -1- 3. AUTOMATIC ADDITIONAL INSURED SECTION II—WHO IS AN INSURED, Paragraph A.1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an"insured" under your policy provided that: 1. Such"insured"is a Named Insured under such other insurance;and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION, NON-RENEWAL The COMMON POLICY CONDITIONS, Item A.2.b. is deleted and replaced with the following: A.2.b.60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV—BUSINESS AUTO CONDITIONS, is amended to add Item B.9.: a. If we choose to nonrenew this policy,we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a.above. 8. NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Item A.2.a. is deleted and replaced with the following: 2. Duties in the Event of Accident,Claim Suit or Loss: a. You must see to it that we are notified of an "accident", "claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: AP-0401 (10/17) -2- (1) How,when and where the"accident"or"loss"occurred; (2) The"insured's"name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II - Covered Autos Liability Coverage, Paragraph A.1. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered"auto"you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJURY EXTENSION SECTION V-DEFINITIONS, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A.4.-Coverage Extensions- Paragraph c. is added: c. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Hired Auto Physical Damage is provided for that coverage part subject to the following: AP-0401 (10/17) -3- (1) The most we will pay for any one "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (a) The any one"Accident"or"Loss"amount of$100,000; (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned"auto"for that coverage. The deductible will be waived for"loss"caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEMENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to$350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman, supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES SECTION III.A.4.a.Transportation Expenses, is replaced by the following: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its"loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one"accident"or"loss"under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one"Accident"or"Loss"amount of$100,000; (b) The actual cash value;or AP-0401 (10/17) -4- (c) Cost of repair. Our obligation to pay for a loss in a.(1)above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto"for that coverage. The deductible will be waived for"loss"caused by fire or lightning. (2) Subject to paragraph a.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or"loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REIMBURSEMENT COVERAGE SECTION III.A.4. -Coverage Extensions- Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the"loss"and ending, regardless of the policy's expiration,with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto"; or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAN/LEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss"to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the loan/lease, not to exceed $2,500 for any one vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, II excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health,Accident or Disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. AP-0401 (10/17) -5- 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION I11.13.3.a - Exclusions. This exclusion does not apply to the accidental discharge of an air bag. 19. GLASS REPAIR-WAIVER OF DEDUCTIBLE SECTION 111D-Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to'loss" caused by fire or lightning. The deductible does not apply to glass damage if the glass is repaired rather than replaced. AP-0401 (10/17) -6- THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. -UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM it Is agreed that the provisions listed below apply only upon the entry of an X In the box next to the caption of such provision. A. rX]Partnership and Joint Venture Extension M. X Construction Project General Aggregate Limits B. X Contractors Automatic Additional insured N. n Fellow Employee Coverage Coverage—Ongoing Operations O. n Property Damage to the Named Insured's Work C. X Automatic Waiver of Subrogation P. I X I Care,Custody or Control D. X Extended Notice of Cancellation,Nonrenewal Q. I X Electronic Data Liability Coverage E. X Unintentional Failure to Disclose Hazards A. X Consolidated Insurance Program Residual F. X Broadened Mobile Equipment Liability Coverage a X Personal and Advertising Injury-Contractual 5. I X I Automatic Additional Insureds—Managers or Coverage Lessors of Premises H. X Nonemployment Discrimination - T. X Automatic Additional insureds—State or Governmental Agency or Political I. X I Liquor Liability Subdivisions—Permits or Authorizations J. ( X I Broadened Conditions . U. f Contractors Automatic Additional insured Coverage—Completed Operations K. X Automatic Additional insureds—Equipment Leases - V. X Additional Insured—Engineers, Architects or Surveyors L. X Insured Contract Extension-Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED: The last full paragraph which reads as follows: 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. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member,you are an insured, but only with respect to liability arising out of"your work" on behalf of any partnership or Joint venture not shown as a Named Insured in the Declarations, provided no other similar liability GL-3085(09/11) -t- • insurance is available to you for'your work°in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II —WHO IS AN INSURED Is amended to include as an additional insured any person or organization who is required by written contract to be an additional Insured on your policy, but only with respect to liability for "bodily injury",•"property damage" or'personal and advertising injury" caused, in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional insured(s)at the project(s)designated in the written contract. • With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"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. This insurance is excess of all other Insurance available to the additional Insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event,this insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this Insurance be non-contributory. But with respect to all other Insurance under which the additional insured qualifies as,an Insured or additional insured,this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8.of SECTION IV..COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: B. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form,those rights are transferred to us, The Insured must do nothing after loss to Impair those rights. At our request, the Insured will bring "suit"or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss,we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of'your work"for that person or organization. D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item A.2.b.of the COMMON POLICY CONDITIONS,Is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation If we cancel for any other reason. GL-3085(09/11) -2- Item 0,of.SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy,we will mall or deliver to the first Named insured shown In the Declarations written notice of the nonrenewal not less than BO days before the expiration date. b. If we do not give notice of our ititent to nonrenew as prescribed in a.above,It is agreed that you may extend the period of this policy for a maximum additional sixty(so) days from Its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as It is not otherwise prohibited by law,this one time sixty day extension Is the sole remedy and liquidated damages available to the Insured as a result of our failure to give the notice as prescribed In 9.a.above. E. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards,if unintentionally you should fail to disclose all such hazards at the Inception date of your policy,we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12.b.of SECTION V,DEFINITIONS,is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on'or next to premises, sites or legations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e.of SECTION I,COVERAGE B Is deleted. H. NONEMPLOYMENT DISCRIMINATION Unless"personal and advertising injury"is excluded from this policy: item 14.of SECTION V DEFINMONS,is amended to include: I "Personal and advertising Injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which Is caused by'discrimination." SECTION V-DEFINITIONS,is amended to include; °Discrimination"means the unlawful treatment of individuals based on race,color,ethnic origin,age, gender or religion. Item 2.Exclusions of SECTION I,COVERAGE B,is amended to include: "Personal and advertising injury" arising out of"discrimination' directly or Indirectly related to the past employment,employment or prospective employment of any person or class of persons by any Insured; "Personal and advertising injury" arising out of"discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees"knowledge or consent; GL--3085(09/11) -3- 'Personal and advertising injury" arising out of "discrimination' directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any Insured;or Fines, penalties,specific performance or Injunctions levied or Imposed by a governmental entity, or governmental code,law,or statute because of"discrimination." I. LIQUOR LIABILITY Exclusion 2.c.of SECTION 1,COVERAGE A,Is deleted. J. BROADENED CONDITIONS Items 2.a.and 2.b.of SECTION IV-COMMERCIAL GENERAL,LIABILITY CONDMONS, are deleted and replaced with the following: 2. Duties in The Event 01 Occurrence,Offense,Claim Or Suit: e. You must see to ft that we are notified of an "occurrence"or an offense which may result in a claim as soon as practicable after the 'occurrence° has been reported to you, one of your officers or an'employee"designated to give notice to us. Notice should Include: (1) How,when and where the"occurrence'or offense took place; (2) The harries and addresses of any Injured persons and witnesses;and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. b. If a claim Is made or'suit"is brought against any Insured,you must: (1) Record the specifics of the claim or°suit°and the date received as soon as you,one of your officers,or an"employee"designated to record such Information is notified of It;and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee"you designate to give us such notice learns of the claims or"suit.° Item 2.e.Is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: 2.e. If you report an"occurrence'to your workers compensation Insurer which develops Into a liability claim for which coverage is provided by the Coverage Form,failure to report such"occurrence"to us at the time of'occurrence"shall not be deemed In violation of paragraphs 2.a.,2.b.,and 2.c. However,you shall give written notice of this"occurrence"to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. K. AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION iI-WHO IS AN INSURED Is amended to Include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional Insured with respect to liability for"bodily injury","property damage'or'personal and advertising injury"caused,at least In part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additional exclusions. The Insurance provided to the additional insured does not apply to: 1. 'Bodily Injury'or"-property damage"occurring after you cease leasing the equipment. GL-3085(09/11) -4- 2. 'Bodily injury"or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a. Property owned,used or occupied by or rented to the additional insured;or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. • This insurance Is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named insured in the Declarations and we will not require contribution from such insurance If the written contract also requires that this insurance be non-contributory. But with respect to ail other insurance under which the additional insured qualifies as an Insured or additional insured, this insurance will be excess. L. INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS item 9.of SECTION V-DEFINITIONS,is deleted and replaced with the following. 9. "insured Contract'means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that Indemnifies any person or organization for damage by lire to premises while rented to you or temporarily occupied by you with permission of the owner is not an"insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation,as required by ordinance,to Indemnify a municipally, except in connection with work for a municipality; e. An elevator maintenance agreement; L Thai part of any other contract or agreement pertaining to your business (Including an Indemnification of a municipality In connection with work performed for a municipality) under which you assume the tort liability of another party to pay for 'bodily Injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. • Paragraph f.does not include that part of any contract or agreement: (1) That Indemnifies an architect,engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions,or falling to give them,if that is the primary cause of the injury or damage;or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in(1)above and supervisory,inspection, architectural or engineering activities. GL.-3085(00/1 1) -5- i M. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION Iii-LIMITS OF INSURANCE. A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an"occurrence'under SECTION 1-COVERAGE A,and for all medical expenses caused by accidents under SECTION i -COVERAGE C: 1. A separate Construction Project General Aggregate Limit appliee to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of ail damages under COVERAGE A, except damages because of "bodily injury' or 'properly damage' included In the "products-completed operations hazard,"and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits'brought;or c. Persons or organizations making claims or bringing"sults." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown In the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However,Instead of being subject to the General Aggregate Limit shown In the Declarations,such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the Insured becomes legally obligated to pay as damages caused by an 'occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of"bodily Injury"or"property damage' included in the'products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned,delayed,or abandoned and then restarted,or if the authorized contracting parties deviate from plans, blueprints,designs,specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III - LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. N. FELLOW EMPLOYEE COVERAGE GL-3085(09/11) -6- • t 1 Exclusion 2.e. Employers Liability of SECTION i, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury"to (1) An"'employee"of the insured arising out of and In the course of: (a) Employment by the Insured;or (b) Performing duties related to the conduct of the Insureds business;or (2) The spouse,child,parent,brother or sister of that°employee"as a consequence of paragraph (1)above. This exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity;and (2) To any obligation to share damages with or repay someone else who must pay damages because o1 the Injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract";or (2) Liability arising from any action or omission of a co-'employee"while that co-"employee" is either In the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(1)(a)of SECTION II-WHO iS AN INSURED,Is deleted and replaced with the following: 2.a.(1)(a) To you, to your partners or members (If you are a partnership or Joint venture) or to your members (If you are a limited liability company), or to your "volunteer workers' while performing duties related to the conduct of your business. O. PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I,COVERAGE A.is deleted and replaced with the following: L Damage to Your Work "Property damage" to "your work' arising out of It or any part of it and Included In the "products completed operation hazard." This exclusion applies only to that portion of any loss In excess of$50,000 per occurrence If the damaged work and the work out of which the damage arises was performed by you. - This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. P. CARE,CUSTODY OR CONTROL Exclusion 2.1.4 of SECTION I,COVERAGE A.is deleted and replaced with the following: 2.j.4 Personal property in the care,custody or control of the insured. However,for personal property In the care,custody or control of you or your"employees,'this exclusion applies only to that portion of any loss in excess of$25,000 per occurrence,subject to the following terms and conditions; GL-3085(09/11) -7- (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to'employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION In-LIMITS OF INSURANCE is changed accordingly. (d) in the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the tabor and materials necessary for repairs Thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (a) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization,including the loss of use of that property, as a result of each"occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of"occurrence," claims or"suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken,you shall promptly reimburse us for such part of the deductible amount as has been paid by us. CI. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2.p.Electronic Data of SECTION 1,COVERAGE A,Is deleted and replaced with the following: 2.p. Damages arising out of the loss of, loss of use of, damage to, corruption of, Inability to access,or inability to manipulate"electronic data"that does not result from physical injury to tangible property. 2. The following definition is added to SECTION V—DEFINITIONS: "Electronic data" means Information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" In SECTION V — DEFiNiTIONS is replaced by the following: "Property damaged means: a. Physical Injury to tangible property, including all resulting loss of use of that property, All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the"occurrence"that caused It;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate°electronic data",resulting from physical injury to tangible property.All such loss of"electronic data"shall be deemed to occur at the time of the"occurrence"that caused It. For the purposes of this insurance,"electronic data"Is not tangible property. GL-308S(09/1 i) -8- R. CONSOLIDATED INSURANCE PROGRAM RESIDUAL LIABILITY COVERAGE With respect to"bodily injury","property damage", or'personal and advertising injury"arising out of your ongoing operations;or operations included within the"products-completed operations hazard",the policy to which this coverage is attached shall apply as excess insurance over coverage available to "you" under a Consolidated insurance Program (such as an Owner Controlled insurance Program or Contractors Controlled insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program Involving a "residential project" or any deductible or Insured retention, specified in the Consolidated Insurance Program. The following Is added to Section V—Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but Is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments end appurtenant structures (Including pools, hot tubs, detached garages, guest houses or any similar structures). A"residential project"does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms,provisions,exclusions and limitations of this policy apply. S. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREMISES SECTION II—WHO IS AN INSURED is amended to include: I 1 Any person or organization with whom you agree fn a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership,maintenance or use of that part of the premises, designated in the written contract or written agreement,that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional Insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional Ensured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this insurance will be primary relative to Insurance policy(s)which designate the additional Insured as a Named Insured In the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an Insured or additional insured, this insurance will be excess. T. AUTOMATIC ADDITIONAL INSUREDS — STATE OR GOVERNMENTAL AGENCY OH POLITICAL SUBDIVISIONS—PERMITS OR AUTHORIZATIONS SECTION Q — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This Insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. t i GL-3085(09/11) -9- 0 This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government,state or municipality;or 2. 'Bodily Injury°or"property damage"included within the"products-completed operations hazard". This Insurance Is excess of all other Insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. in that event,this insurance will be primary relative to insurance policy(s)which designate the additional Insured as a Named Insured in the Declarations and we will not require contribution from such Insurance if the written contract also requires that this Insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional Insured,this insurance will be excess. U. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II—WHO iS AN INSURED is amended to Include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations,but only with respect to liability for"bodily injury"or°property damage"caused,In whole or in part, by "your work"at the project designated in the contract, performed for that additional Insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event,this insurance will be primary relative to Insurance policy(s)which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such Insurance it the written contract also requires that this Insurance be non-contributory. But with respect to all other Insurance under which the additional insured qualifies as an Insured or additional insured, this Insurance will be excess. V. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II —WHO IS AN INSURED Is amended to include as an additional Insured any architect, engineer or surveyor who is required by written contract to be an additional Insured on your policy, but only with respect to liability for "bodily injury", °property damage" or "personal and advertising injury" caused,in whole or in part,by: 1. Your acts or omissions;or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor,who may not be engaged by you,but Is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional Insureds, the following additional exclusion applies: This Insurance does not apply to °bodily Injury", "property damage"or"personal and advertising Injury" arising out of the rendering of or the failure to render any professional services,Including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2. Supervisory,Inspection or engineering services. GL-3085(09/11) -10- This Insurance Is excess of all other insurance available to the additional Insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this Insurance to be primary. In that event, this Insurance will be primary relative to insurance policy(s)which designate the additional insured as a Named Insured In the Declarations and we will not require contribution from such Insurance if the written contract also requires that this Insurance bo non-contributory, But with respect to • all other insurance under which the additional insured qualifies as an insured or additional insured, this Insurance will be excess. • • • • • f ; . • • GIL-3085(09/11) -11- • 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The Transfer of Rights of Recovery Against Others to Us Condition 16. of SECTION V is amended by the addition of the following: if required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work"for that person or organization. CUP 03 13 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES-OTHER INSURANCE -ADDITIONAL INSUREDS Item 10. Other Insurance under SECTION V—CONDITIONS, is deleted and replaced with the following: 10. OTHER INSURANCE a. This insurance is excess over any other valid and collectable insurance available whether primary, excess, contingent or on any other basis. The other insurance will be deemed valid and collectible regardless of any defense asserted by any insurer because of the insured's failure to comply with the terms of that other insurance. This condition will not apply to make this coverage excess to: 1. Other insurance written specifically to be excess over this insurance;or 2. Other valid and collectable insurance available to any person or organization who qualifies as an insured pursuant to paragraph 4 of SECTION III — WHO IS AN INSURED of this policy,but only if: (a) That insured is an additional insured on the "underlying insurance" (such insured shall also be considered an additional insured for this policy); and (b) The said additional insured is a Named Insured in the Declarations under such other valid and collectable insurance; and (c) You have agreed in a written contract or written agreement executed prior to any loss that this insurance will be primary. If this insurance is deemed to be primary on this basis, we agree to not seek contribution from such other insurance available to an additional insured only if you have agreed to the same in that written contract or written agreement. b. When this insurance is excess over other insurance we will pay only our share of any amount of"ultimate net loss,"if any, that exceeds the sum of: 1. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and 2. The total of all deductible and self insured amounts under this or any other insurance. CUP 031601 11 TML CONSTRUCTION INC Page 1 of 2 t A STATE OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage March 16, 2021 WA UBI No. 601 975 177 L&I Account ID 978,216-01 Legal Business Name TML CONSTRUCTION INC Doing Business As TML CONSTRUCTION INC Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2020"0"Workers (See Description Below) Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? Yes License No. TMLCOI*011NO License Expiration 09/16/2021 What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of https://securelni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=601975177&LIC=T... 3/16/2021 TML CONSTRUCTION INC Page 2 of 2 subrogation (See RCW 51 .1 2.050 and 51 .16.190). https://secure.lni.wa.gov/verify/Details/liabilityCertificate.aspx?UBI=601975177&LIC=T... 3/16/2021 TMLCONS-01SSIMPSON1 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/18/2021 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). CONTACT Stacia Simpson PRODUCER NAME: PHONEFAX Hub International Northwest LLC (509) 319-2912 (A/C, No, Ext):(A/C, No): PO Box 3144 E-MAIL Stacia.Simpson@hubinternational.com Spokane, WA 99220 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Alaska National Insurance Company38733 INSURER A : INSURED INSURER B : INSURER C : TML Construction, Inc. PO Box 2970 INSURER D : Hayden, ID 83835 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR X 21HPS113868/19/20218/19/2022 $ PREMISES (Ea occurrence) XX 5,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO 21HAS113868/19/20218/19/2022 BODILY INJURY (Per person)$ XX OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 5,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ 21HLU113868/19/20218/19/2022 5,000,000 EXCESS LIABCLAIMS-MADE XX AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT #0308: REGIONAL DECANT FACILITY CANOPY, CITY OF SPOKAN VALLEY CITY OF SPOKANE VALLEY, ITS AGENTS OR EMPLOYEES ARE ADDITIONAL INSURED AS RELATES TO THE GENERAL & AUTO LIABILITY & WAIVER OF SUBROGATION IS GRANTED AS RESPECTS TO THE GENERAL & AUTO LIABILITY IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THE POLICIES. pER PROJECT AGGREGATE DOES APPLY PER FORM ATTACHED. . THE COVERAGE IS PRIMARY AND NON-CONTRIBUTORY WHERE REQUIRED BY A WRITTEN CONTRACT. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SPRAGUE AVENUE SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TMLCONS-01SSIMPSON1 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/12/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT Stacia Simpson PRODUCER NAME: PHONEFAX Hub International Northwest LLC (509) 319-2912 (A/C, No, Ext):(A/C, No): PO Box 3144 E-MAIL Stacia.Simpson@hubinternational.com Spokane, WA 99220 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Alaska National Insurance Company38733 INSURER A : INSURED INSURER B : INSURER C : TML Construction, Inc. PO Box 2970 INSURER D : Hayden, ID 83835 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 100,000 CLAIMS-MADEOCCUR X 22HPS113868/19/20228/19/2023 $ PREMISES (Ea occurrence) XX 5,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO 22HAS113868/19/20228/19/2023 BODILY INJURY (Per person)$ XX OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 5,000,000 A XX UMBRELLA LIABOCCUR EACH OCCURRENCE$ 22HLU113868/19/20228/19/2023 5,000,000 EXCESS LIABCLAIMS-MADE XX AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT #0308: REGIONAL DECANT FACILITY CANOPY, CITY OF SPOKAN VALLEY CITY OF SPOKANE VALLEY, ITS AGENTS OR EMPLOYEES ARE ADDITIONAL INSURED AS RELATES TO THE GENERAL & AUTO LIABILITY & WAIVER OF SUBROGATION IS GRANTED AS RESPECTS TO THE GENERAL & AUTO LIABILITY IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THE POLICIES. pER PROJECT AGGREGATE DOES APPLY PER FORM ATTACHED. . THE COVERAGE IS PRIMARY AND NON-CONTRIBUTORY WHERE REQUIRED BY A WRITTEN CONTRACT. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SPRAGUE AVENUE SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD