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22-129.00 Arctic Electric & Lighting: Parking Lights Upgrade at Former White Elephant Contract No. 22-129 CONSTRUCTION AGREEMENT ARCTIC LIGHTING & ELECTRIC, LLC 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 Arctic Lighting & Electric, LLC ("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 LED upgrade to parking lot and exterior lights at 12614 E Sprague Ave site 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 upon execution of this Agreement 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 $100.00 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. Construction Agreement Page 1 of 9 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $8,700.00, plus Washington State Sales Tax of $774.30 (if applicable), for a total of$9,474.30, based on the bid submitted by Contractor (Exhibit C), and as may be adjusted in accordance with the Contract Documents. 5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work (if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code,state standards,or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Brian Chapman Phone:(509)720-5000 Phone: 509-533-9350 Address: 10210 East Sprague Avenue Address: 2307 N Woodruff Spokane Valley, WA 99206 Spokane Valley, WA 99206 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal, state,and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this Construction Agreement Page 2 of 9 certification,such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I,are located at the L&I website address: https://fortress.wa.gov/Ini/wagelookup/prvWagelookup.aspx B. This Project is located in Spokane County. C.The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community & Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans,specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records,and to make audits of all contracts, invoices, materials, payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of Construction Agreement Page 3 of 9 one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect. 15. 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% of the 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 insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 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 at least as broad 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: I. 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 $2,000,000 each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. Construction Agreement Page 4 of 9 C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. 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. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor 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 are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by 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 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. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. 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. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or,at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided Construction Agreement Page 5 of 9 insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 of a 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 Construction Agreement Page 6 of 9 shall be in Spokane County, State of Washington. 24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties. 25. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 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. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,the Contractor, for itself, its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. 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. 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 of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by 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 Contractor of 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. D. Information and Reports. 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 fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. E. 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 WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or Construction Agreement Page 7 of 9 2. Cancelling,terminating, or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. 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 if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. 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: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color, national origin); and 49 CFR Part 21; and 49 Part 26; 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 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et 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 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §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 11 and III 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. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; Construction Agreement Page 8 of 9 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);and 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 et seq.). 28. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause,or phrase of this Agreement. 29.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements D. Performance and Payment Bond The Parties have executed this Agreement this / ' day of July,2022. CITY 0 KANE VALLEY: Arctic Lighting& Electric,LLC: Atto John H man, City Manag r By: Brian man Its: A rized Representative APPROVED AS TO FORM: Office oft City Att me Construction Agreement Page 9 of 9 Wkeheie 2307 North Woodruff Spokane Valley, WA 99206 Phone (509) 533-9350 Fax (509) 533-9353 ARCTILE930DG June 29, 2022 City of Spokane Valley 10210 E. Sprague Spokane, WA 99206 ATTN: Deanna SUBJECT. 12614 E. Sprague Dear Deanna: The following is the estimate to install new LED fixtures at the old White Elephant building- at 12614 E. Sprague. These fixtures do qualms for a rebate from Modern Electric Rebates. Replace the existing pole lights 8-400 to 8-140w LED fixtures- Bid for this work is $5,200.00 Sales tax- $462.80 Total cost- $5,662.80 Rebate from Modern Power- $1,760.00 On the building there are 10-250w square lights-these will be retrofitted with a 100w LED retrofit. Replace with retrofit kit- 10-250 to 10-100w LED Retrofit Kits- Bid for this retrofit- $3,500.00 Sales tax- $311.50 Total cost- $3,811.50 Rebate from Modern Power- $1,200.00 Sincerely, Brian D. Chapman President i �� /e Wee/he& 2307 North Woodruff Spokane Valley, WA 99206 Phone (509) 533-9350 Fax (509) 533-9353 ARCTILE930DG June 29, 2022 City of Spokane Valley 10210 E. Sprague Spokane, WA 99206 ATTN: Deanna SUBJECT 12614 E. Sprague Dear Deanna: The following is the estimate to install new LED fixtures at the old White Elephant building- at 12614 E. Sprague. These fixtures do qualms for a rebate from Modern Electric Rebates. Replace the existing pole lights 8-400 to 8-140w LED fixtures- Bid for this work is $5,200.00 Sales tax- $462.80 Total cost- $5,662.80 Rebate from Modern Power- $1,760.00 On the building there are 10-250w square lights-these will be retrofitted with a 100w LED retrofit. Replace with retrofit kit- 10-250 to 10-100w LED Retrofit Kits- Bid for this retrofit- $3,500.00 Sales tax- $311.50 Total cost- $3,811.50 Rebate from Modern Power- $1,200.00 Subtotal =$8,700.00 Tax =$774.30 Total = $9,474.30 Sincerely, ARCTLIG-01 MNEIGHBORS ACOM0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 2/4/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Spokane Office PHONE FAX PayneWest Insurance,a Marsh McLennan Agency LLC Company (a/c,No,Ext):(509)838-3501 quc,Nop(866)226-3738 501 N.Riverpoint Blvd.,Ste 403 E-MAILDSS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE _ NAIC X INSURER A:Cincinnati Indemnity Company 23280 INSURED INSURER 8: Arctic Lighting&Electric LLC INSURER C: 2307 Woodruff Rd INSURER D: Spokane Valley,WA 99206 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP OMITS LTR INSD WVDIMM/DD/YYYY1 (MM/DD/YYYY) A X COMMERCIAL GENERAL UABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X EPP 0178710 , 2/2/2022 2/2/2023 PREMISES(EaE rrencel $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X WI- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X EPP 0178710 2/2/2022 2/2/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _, AUTOS ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAR CLAIMS-MADE EPP 0178710 2/2/2022 2/2/2023 AGGREGATE $ 2,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ QFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ Ryes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Installation Floater EPP 0178710 212/2022 2/2/2023 Loc/Transit/Temp Loc 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Spokane Valley is additional insured as per the attached forms.Coverage is primary and non contributory.Waiver of subrogation and per project aggregate applies per attached forms. 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 ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Spokane,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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or cluded in the "products-completed Contractors - Automatic Status For Other operations hazard", but only if: Parties When Required In Written Contract Or Agreement With You (1) The Coverage Part to which this endorsement is attached pro- 1. Section II - Who Is An Insured is vides coverage for"bodily injury" amended to include as an additional in- or "property damage" included sured any person or organization you within the "products-completed have agreed in writing in a contract or operations hazard"; and agreement to add as an additional in- sured on this Coverage Part. Such per- (2) The written contract or written son(s) or organization(s) is an additional agreement requires you to pro- insured only with respect to liability for: vide additional insured coverage included within the "products- a. "Bodily injury", "property damage" or completed operations hazard" "personal and advertising injury" for that person or organization. caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under agreement requires you to provide that written contract or written additional insured coverage included agreement. Ongoing operations does within the "products-completed oper- not apply to "bodily injury" or"proper- ations hazard" for a specified length ty damage" occurring after: of time for that person or organiza- tion, the "bodily injury" or "property (1) All work, including materials, damage" must occur prior to the ex- parts or equipment furnished in piration of that period of time in order connection with such work, on for this insurance to apply. the project (other than service, maintenance or repairs) to be If the written contract or written performed by or on behalf of the agreement requires you to provide additional insured(s) at the loca- additional insured coverage for a tion of the covered operations person or organization per only ISO has been completed; or additional insured endorsement form number CG 20 10, without specifying (2) That portion of"your work" out of an edition date, and without specifi- which the injury or damage aris- cally requiring additional insured es has been put to its intended coverage included within the "prod- use by any person or organiza- ucts-completed operations hazard", tion other than another contrac- this Paragraph b. does not apply to tor or subcontractor engaged in that person or organization. performing operations for a prin- cipal as a part of the same pro- 2. If the written contract or written agree- ject; and ment described in Paragraph 1. above specifically requires you to provide addi- b. "Bodily injury" or "property damage" tional insured coverage to that person or caused, in whole or in part, by "your organization: work" performed under that written contract or written agreement and in a. Arising out of your ongoing opera- tions or arising out of"your work"; or Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- 2. With respect to the insurance afforded to tional insured endorsement that in- the additional insureds described in Para- cludes arising out of your ongoing graph B.1., the following additional exclu- operations or arising out of "your sions apply: work"; This insurance does not apply to: then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- a. "Bodily injury", "property damage" or graph A.1.b. above, whichever applies, is "personal and advertising injury" aris- replaced by the phrase arising out of. ing out of operations performed for the federal government, state or mu- 3. With respect to the insurance afforded to nicipality; or the additional insureds described in Para- graph A.1., the following additional exclu- b. "Bodily injury" or "property damage" lion applies: included within the "products- completed operations hazard." This insurance does not apply to "bodily injury", "property damage" or "personal C. The insurance afforded to additional insureds and advertising injury" arising out of the described in Paragraphs A. and B.: rendering of, or the failure to render, any 1. Only applies to the extent permitted by professional architectural, engineering or law; and surveying services, including: a. 2. Will not be broader than that which you The preparing, approving or failing to are required by the written contract, writ- prepare or approve, maps, shop ten agreement, written permit or written drawings, opinions, reports, surveys, authorization to provide for such addition- field orders, change orders or draw- al insured; and ings and specifications; or 3. Does not apply to any person, organiza- b. Supervisory, inspection, architectural tion, state, governmental agency or sub- or engineering activities. division or political subdivision specifically This exclusion applies even if the claims named as an additional insured for the against any insured allege negligence or same project in the schedule of an en- other wrongdoing in the supervision, hir- dorsement added to this Coverage Part. ing, employment,training or monitoring of D. With respect to the insurance afforded to the others by that insured, if the "occurrence" additional insureds described in Paragraphs which caused the "bodily injury" or "prop- A. and B.,the following is added to Section III erty damage", or the offense which -Limits Of Insurance: caused the "personal and advertising inju- ry", involved the rendering of, or the fail- The most we will pay on behalf of the addi- ure to render, any professional architec- tional insured is the amount of insurance: tural, engineering or surveying services. 1. Required by the written contract, written 4. This Paragraph A. does not apply to addi- agreement, written permit or written au- tional insureds described in Paragraph B. thorization described in Paragraphs A. and B.; or B. Additional Insured -State Or Governmental Agency Or Subdivision Or Political Subdi- 2. Available under the applicable Limits of vision - Automatic Status When Required Insurance shown in the Declarations; In Written Permits Or Authorizations whichever is less. 1. Section II - Who Is An Insured is amended to include as an additional in- This endorsement shall not increase the appli- sured any state or governmental agency cable Limits of Insurance shown in the Decla or subdivision or political subdivision you rations. have agreed in writing in a contract, E. Section IV - Commercial General Liability agreement, permit or authorization to add Conditions is amended to add the following: as an additional insured on this Coverage Part. Such state or governmental agency Automatic Additional Insured Provision or subdivision or political subdivision is an additional insured only with respect to op- This insurance applies only if the "bodily inju- erations performed by you or on your be- ry" or "property damage" occurs, or the "per- half for which the state or governmental sonal and advertising injury" offense is com- agency or subdivision or political subdivi- mitted: sion issued, in writing, a contract, agree- 1. During ment, permit or authorization. the policy period; and Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 2 of 3 2. Subsequent to your execution of the writ- As used in this endorsement, wrap-up insur- ten contract or written agreement, or the ance means any insurance provided by a con- issuance of a written permit or written au- solidated (wrap-up) insurance program. thorization, described in Paragraphs A. and B. Primary And Noncontributory Insurance When Required By Written Contract, F. Except when G. below applies, the following is Agreement, Permit Or Authorization added to Section IV - Commercial General Except when wrap-up insurance applies to the Liability Conditions, 5. Other Insurance, and supersedes any provision to the contrary: claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not When Other Additional Insured Coverage seek contribution from any other insurance Applies On An Excess Basis available to the additional insured described in Paragraphs A.and B. provided that: This insurance is primary to other insurance available to the additional insured described in 1. The additional insured is a Named In- Paragraphs A. and B.except: sured under such other insurance; and 1. As otherwise provided in Section IV - 2. You have agreed in writing in a contract, Commercial General Liability Condi- agreement, permit or authorization de- tions, 5. Other Insurance, b. Excess In- scribed in Paragraph A. or B. that this in- surance; or surance would be primary and would not 2. For any other valid and collectible insur- seek contribution from any other insur- ance available to the additional insured as ante available to the additional insured. an additional insured by attachment of an As used in this endorsement, wrap-up insur- endorsement to another insurance policy ance means any insurance provided by a con- that is written on an excess basis. In such solidated (wrap-up) insurance program. case, this insurance is also excess. H. Section IV - Commercial General Liability G. The following is added to Section IV - Com- Conditions, 9. Transfer Of Rights Of Re- mercial General Liability Conditions, 5. covery Against Others To Us is amended by Other Insurance, and supersedes any provi- the addition of the following: sion to the contrary: We waive any right of recovery we may have Primary Insurance When Required By Writ- against any additional insured under this en- ten Contract, Agreement, Permit Or Au- dorsement against whom you have agreed to thorization waive such right of recovery in a written con- tract, written agreement, written permit or writ- Except when wrap-up insurance applies to the ten authorization because of payments we claim or "suit on behalf of the additional in- make for injury or damage arising out of your sured, this insurance is primary to any other ongoing operations or "your work" done under insurance available to the additional insured a written contract, written agreement, written described in Paragraphs A. and B. provided permit or written authorization. However, our that: rights may only be waived prior to the "occur- 1. The additional insured is a Named In- rence" giving rise to the injury or damage for sured under such other insurance; and which we make payment under this Coverage Part. The insured must do nothing after a loss 2. You have agreed in writing in a contract, to impair our rights. At our request, the insured agreement, permit or authorization de- will bring "suit" or transfer those rights to us scribed in Paragraph A. or B. that this in- and help us enforce those rights. surance would be primary to any other in- surance available to the additional in- sured. Includes copyrighted material of Insurance GA 472 09 18 Services Office, Inc., with its permission. Page 3 of 3 you or while performing duties related to d. Your legal representative if you die, but the conduct of your business. However, only with respect to duties as such. That none of these "employees" or "volunteer representative will have all your rights workers"are insureds for: and duties under this Coverage Part. (1) "Bodily injury" or "personal and ad- 3. Any organization you newly acquire or form, vertising injury": other than a partnership, joint venture or lim- iteda) To you, too your partners or liability company, and over which you members (ifyou are partners or maintain ownership or majority interest, will qualify as a Named Insured if there is no other ship or joint venture), to your similar insurance available to that organiza- members (if you are a limited li- tion. However: ability company), to a co- "employee" while in the course a. Insurance under this provision is afforded of his or her employment or only until the 90th day after you acquire performing duties related to the or form the organization or the end of the conduct of your business, or to policy period,whichever is earlier; your other "volunteer workers" while performing duties related b. COVERAGE A. BODILY INJURY AND to the conduct of your business; PROPERTY DAMAGE LIABILITY does not apply to "bodily injury" or "property (b) To the spouse, child, parent, damage" that occurred before you ac- brother or sister of that co- quired or formed the organization;and "employee" or "volunteer worker" as a consequence of c. COVERAGE B. PERSONAL AND AD- Paragraph (1)(a) above; VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" (c) For which there is any obligation arising out of an offense committed be- to share damages with or repay fore you acquired or formed the organi- someone else who must pay zation. damages because of the injury described in Paragraphs (1)(a) No person or organization is an insured with re- or(b)above; or spect to the conduct of any current or past part- nership, joint venture or limited liability company (d) Arising out of his or her provid- that is not shown as a Named Insured in the Dec- ing or failing to provide profes- larations. sional health care services. SECTION III-LIMITS OF INSURANCE (2) "Property damage"to property: 1. The Limits of Insurance shown in the Declara- (a) Owned, occupied or used by; or tions and the rules below fix the most we will (b) Rented to, in the care, custody pay regardless of the number of: or control of, or over which a. Insureds; physical control is being exer- cised for any purpose by, b. Claims made or"suits"brought; or you, any of your "employees", "vol- c. Persons or organizations making claims unteer workers", any partner or or bringing"suits". member (if you are a partnership or 2. a. The General Aggregate Limit is the most joint venture), or any member (if you we will pay for the sum of: are a limited liability company). b. Any person (other than your "employee" (1) Medical expenses under COVER- or "volunteer worker"), or any organiza- tion AGE C. MEDICAL PAYMENTS; while acting as your real estate man- (2) Damages under COVERAGE A. ager. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- c. Any person or organization having proper ages because of "bodily injury" or temporary custody of your property if you "property damage" included in the die, but only: "products-completed operations (1) With respect to liability arising out of hazard"; and the maintenance or use of that prop- (3) Damages under COVERAGE B. erty; and PERSONAL AND ADVERTISING (2) Until your legal representative has INJURY LIABILITY. been appointed. This General Aggregate Limit will not ap- ply if either the Location General Aggre- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 12 of 22 gate Limit of Insurance, Paragraph 2.b., your behalf at the same location for or the Construction Project General Ag- the same persons or organizations, gregate Limit of Insurance, Paragraph no matter how often or under how 2.c.applies. many different contracts, will be deemed to be a single construction b. A separate Location General Aggregate project. Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the 3. The Products-Completed Operations Aggre- Declarations, shall apply to each location gate Limit is the most we will pay under COV- owned by, or rented or leased to you and ERAGE A. BODILY INJURY AND PROP- is the most we will pay for the sum of: ERTY DAMAGE LIABILITY for damages be- (1) Damages under COVERAGAGE A. be- cause of "bodily injury" and "property dam- BODILY INJURY AND ERERTY age" included in the "products-completed op- DAMAGE LIABILITY, except dam- ageserations hazard". because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard"; and VERTISING INJURY LIABILITY for the sum of Medical expenses under COVER- all damages because of all "personal and ad- (2) vertising injury" sustained by any one person AGE C. MEDICAL PAYMENTS, or organization. which can be attributed to operations at 5. Subject to 2. or 3. above, whichever applies, only a single location owned by, or rented the Each Occurrence Limit is the most we will or leased to you. pay for the sum of: c. A separate Construction Project General a. Damages under COVERAGE A. BODILY Aggregate Limit of Insurance, equal to INJURY AND PROPERTY DAMAGE Li- the amount of the General Aggregate ABILITY; and Limit shown in the Declarations, shall ap- ply to each construction project and is the b. Medical expenses under COVERAGE C. most we will pay for the sum of: MEDICAL PAYMENTS; (1) Damages under COVERAGE A. because of all "bodily injury" and "property BODILY INJURY AND PROPERTY damage" arising out of any one "occurrence". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 6. Subject to 5. above, the Damage to Premises "property damage" included in the Rented to You Limit is the most we will pay "products-completed operations under COVERAGE A. BODILY INJURY AND hazard"; and PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any (2) Medical expenses under COVER- one premises, while rented to you, or in the AGE C. MEDICAL PAYMENTS; case of damage by fire or explosion, while rented to you or temporarily occupied by you which can be attributed only to ongoing with permission of the owner. operations and only at a single construc- tion project. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- d. Only for the purpose of determining which AGE C. MEDICAL PAYMENTS for all medical General Aggregate Limit of Insurance, expenses because of"bodily injury"sustained 2.a., 2.b., or 2.c., applies: by any one person. (1) Location means premises involving The Limits of Insurance of this Coverage Part ap- the same or connecting lots, or ply separately to each "coverage term". premises, whose connection is inter- rupted only by a street, roadway, SECTION IV - COMMERCIAL GENERAL LI- waterway or right-of-way of a rail- ABILITY CONDITIONS road. 1. Bankruptcy (2) Construction project means a loca- tion you do not own, rent or lease Bankruptcy or insolvency of the insured or of where ongoing improvements, al- the insured's estate will not relieve us of our terations, installation, demolition or obligations under this Coverage Part. maintenance work is performed by 2. Duties in the Event of Occurrence, Offense, you or on your behalf. All connected Claim or Suit ongoing improvements, alterations, installation, demolition or mainte- a. You must see to it that we are notified as nance work performed by you or on soon as practicable of an "occurrence" or Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 13 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus® BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation This provision does not apply unless the valid written contract has been: SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of 1. Executed prior to the accident causing Rights of Recovery Against Others to Us is "bodily injury"or"property damage"; and amended by the addition of the following: 2. Is still in force at the time of the "accident" We waive any right of recovery we may have causing "bodily injury" or "property dam- against any person or organization because of age". payments we make for 'bodily injury" or "property damage"arising out of the operation D. Employee Hired Auto of a covered "auto" when you have assumed 1. Changes in Liability Coverage liability for such "bodily injury" or "property damage" under an "insured contract", provid- The following is added to the SECTION II ed the"bodily injury"or"property damage"oc- - LIABILITY COVERAGE, A. Coverage, curs subsequent to the execution or the "in- 1.Who is an Insured: sured contract". An "employee" of yours is an "insured" B. Noncontributory Insurance while operating an "auto" hired or rented under a contract or agreement in that SECTION IV - BUSINESS AUTO CONDI- "employee's" name, with your permission, TIONS, B. General Conditions, 5. Other In- while performing duties related to the surance c. is deleted in its entirety and re- conduct of your business. placed by the following: c. Regardless of the provisions of 2. Changes in General Conditions Par- agraph a. above, this Coverage SECTION IV - BUSINESS AUTO CON- Form's Liability Coverage is primary DITIONS, B. General Conditions, 5. and we will not seek contribution Other Insurance is deleted in its entirety from any other insurance for any lia- and replaced by the following: bility assumed under an "insured contract" that requires liability to be b. For Hired Auto Physical Damage assumed on a primary noncontributo- Coverage the following are deemed ry basis. to be covered "autos"you own: C. Additional Insured by Contract (1) Any covered "auto" you lease, hire, rent or borrow; and SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended (2) Any covered "auto" hired or to include as an insured any person or organi- rented by your "employee" under zation for whom you have agreed in a valid a contract in that individual "em- written contract to provide insurance as af- ployee's" name, with your per- forded by this policy. mission, while performing duties related to the conduct of your This provision is limited to the scope of the business. valid written contract. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, a. Is effective on the date of acquisition hired, rented or borrowed with a driver or formation, and is afforded for 180 is not a covered "auto". days after such date; E. Audio, Visual and Data Electronic Equip- b. Does not apply to "bodily injury' or ment "property damage" resulting from an "accident" that occurred before you SECTION III - PHYSICAL DAMAGE COV- acquired or formed the organization; ERAGE, C. Limit of Insurance is amended by adding the following: c. Does not apply to any newly acquired or formed organization that is a joint 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment venture or partnership;and and any accessories used with this d. Does not apply to an insured under equipment as a result of any one "acd- any other automobile liability policy or dent"is the lesser of: would be an insured under such a policy but for the termination of such a. The actual cash value of the dam- policy or the exhaustion of such poli- aged or stolen property as of the time cys limits of insurance. of the"accident"; 3. Any of your "employees" while using a b. The cost of repairing or replacing the covered "auto" in your business or your damaged or stolen property with oth- personal affairs, provided you do not own, er property of like kind and quality; or hire or borrow that"auto". c. $2,500. G. Liability Coverage Extensions - Supple- Provided the equipment, at the time of the mentary Payments -Higher Limits "loss" is: SECTION II - LIABILITY COVERAGE, A. a. Permanently installed in or upon the Coverage, 2. Coverage Extensions, a. Sup- covered "auto" in a housing, opening plementary Payments is amended by: or other location that is not normally 1. Replacing the $2,000 Limit of Insurance used by the "auto" manufacturer for for bail bonds with $4,000 in (2); and the installation of such equipment; 2. Replacing the $250 Limit of Insurance for b. Removable from a permanently in- reasonable expenses with$500 in(4). stalled housing unit as described in Paragraph 2.a. above; or H. Amended Fellow Employee Exclusion c. An integral part of such equipment. SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as F. Who is an Insured-Amended follows: SECTION II - LIABILITY COVERAGE, A. Exdusion 5. Fellow Employee is deleted. Coverage, 1.Who is an Insured is amended by adding the following: I. Fined Auto-Physical Damage The following are"insureds": If hired "autos"are covered "autos"for Liability Coverage, then Comprehensive and Collision 1. Any subsidiary which is a legally incorpo- Physical Damage Coverages as provided un- rated entity of which you own a financial der SECTION III - PHYSICAL DAMAGE interest of more than 50% of the voting COVERAGE of this Coverage Part are ex- stock on the effective date of this cover- tended to "autos" you hire, subject to the fol- age form. lowing: However, the insurance afforded by this 1. The most we will pay for "loss" to any provision does not apply to any subsidiary hired "auto" is $50,000 or the actual cash that is an "insured" under any other au- value or cost to repair or replace, which- tomobile liability policy or would be an "in- ever is the least, minus a deductible. sured" under such policy but for termina- tion of such policy or the exhaustion of 2. The deductible will be equal to the largest such policy's limits of insurance. deductible applicable to any owned "auto" for that coverage, or$1,000, whichever is 2. Any organization that is newly acquired or less. formed by you and over which you main- tain majority ownership. The insurance 3. Hired Auto - Physical Damage coverage provided by this provision: is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and K. Transportation Expense- Higher Limits excess provisions we will provide cover SECTION III - PHYSICAL DAMAGE COV- age equal to the broadest coverage appli- cable to any covered "auto" you own in ERAGE, A. Coverage, 4. Coverage Exten- sured under this policy. sions is amended by replacing $20 per day with $50 per day, and $600 maximum with Coverage indudes loss of use of that hired au- $1,500 maximum in Extension a. Transpor- to, provided it results from an "accident" for tation Expenses. which you are legally liable and as a result of which a monetary loss is sustained by the L. Airbag Coverage leasing or rental concern. The most we will SECTION III - PHYSICAL DAMAGE COV- pay for any one"accident"is$3,000. ERAGE, B. Exclusions, 3.a. is amended by If a limit for Hired Auto - Physical Damage is adding the following: shown in the Schedule, then that limit replac- However, the mechanical and electrical es, and is not added to, the $50,000 limit indi- breakdown portion of this exdusion does not cated above and the deductibles shown in the apply to the accidental discharge of an airbag. Schedule are applicable. This coverage for airbags is excess over any J. Rental Reimbursement other collectible insurance or warranty. SECTION III - PHYSICAL DAMAGE COV- M. Loan or Lease Gap Coverage ERAGE is amended by adding the following: 1. SECTION III - PHYSICAL DAMAGE 1. We will pay for rental reimbursement ex- COVERAGE, C. Limit of Insurance is penes incurred by you for the rental of deleted in its entirety and replaced by the an "auto"because of a "loss"to a covered following, but only for private passenger "auto". Payment applies in addition to the type"autos"with an original loan or lease, otherwise applicable amount of each cov and only in the event of a "total loss" to erage you have on a covered "auto". No such a private passenger type "auto": deductible applies to this coverage. a. The most we will pay for"loss" in any 2. We will pay only for those expenses in- one"accident"is the greater of: curred during the policy period beginning (1) The amount due under the terms 24 hours after the "loss" and ending, re- of the lease or loan to which gardless of the policy's expiration, with your covered private passenger the lesser of the following number of type "auto"is subject, but will not days: include: a. The number of days reasonably re- (a) Overdue lease or loan pay- quired to repair the covered "auto". If ments; "loss" is caused by theft,this number of days is added to the number of (b) Financial penalties imposed days it takes to locate the covered under the lease due to high "auto"and return it to you; or mileage, excessive use or b. 30 days. abnormal wear and tear; 3. Our payment is limited to the lesser of the (c) Security deposits not re- funded by the lessor; following amounts: (d) Costs for extended warran- a. Necessary and actual expenses in- ties, Credit Life Insurance, curred; or Health, Accident or Disabil- b. $50 per day. ity Insurance purchased with the loan or lease; and 4. This coverage does not apply while there are spare or reserve "autos" available to (e) Carry-over balances from you for your operations. previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de- AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of"loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended P. Unintentional Failure to Disclose Hazards by adding the following, but only for the SECTION IV - BUSINESS AUTO CONDI- purposes of this Loan or Lease Gap Coverage: TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is "Total loss" means a "loss" in which the amended by adding the following: cost of repairs plus the salvage value ex- ceeds the actual cash value. However, if you unintentionally fail to disclose any hazards existing on the effective date of N. Glass Repair-Waiver of Deductible this Coverage Form, we will not deny cover- SECTION III - PHYSICAL DAMAGE COV- age under this Coverage Form because of ERAGE, D. Deductible is amended by adding such failure. the following: Q. Mental Anguish Resulting from Bodily Inju- No deductible applies to glass damage if the ry glass is repaired in a manner acceptable to us SECTION V - DEFINITIONS, C. "Bodily inju- rather than replaced. Ty" is deleted in its entirety and replaced by the following: O. Duties in the Event of an Accident, Claim, Suit or Loss-Amended "Bodily injury" means bodily injury, sickness or IV - BUSINESS AUTO CONDI- disease sustained by a person, induding men- SECTIONtal anguish and death sustained by the same TIONS,A. Loss Conditions, 2. Duties in the person that results from such bodily injury, Event of Accident, Claim, Suit or Loss, a. is sickness or disease. "Bodily injury" does not amended by adding the following: include mental anguish or death that does not This condition applies only when the "acci result from bodily injury, sickness or disease. dent"or"loss"is known to: R. Coverage for Certain Operations in Con- 1. You, if you are an individual; nection with Railroads 2. A partner, if you are a partnership; With respect to the use of a covered "auto" in operations for or affecting a railroad: 3. An executive officer or insurance manag 1. SECTION V - er, if you are a corporation; or DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and 4. A member or manager, if you are a lim- replaced by the following: ited liability company. c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 COMMERCIAL UMBRELLA - TABLE OF CONTENTS Coverage Part Provision: Begins on Page: Preamble 3 SECTION I- COVERAGE: 3 A. Insuring Agreement 3 B. Exclusions: 4 1. Asbestos 4 2. Breach of Contract, Failure to Perform, Wrong Description and Violation of Another's Rights 4 3. Contractual Liability 4 4. Damage to Impaired Property or Property Not Physically Injured 4 5. Damage to Property 4 6. Damage to Your Product 4 7. Damage to Your Work 4 8. Distribution of Material in Violation of Statutes 5 9. Electronic Chatrooms or Bulletin Boards 5 10. Electronic Data 5 11. Employer's Liability Limitation 5 12. Employment-Related Practices 5 13. Expected or Intended Injury 5 14. Falsity, Prior Publication, Criminal Act and Media and Internet Type Businesses 6 15. Infringement of Copyright, Patent, Trademark or Trade Secret 6 16. Pollutant-Auto 6 17. Pollutant-Other Than Auto 7 18. Recall of Products, Work or Impaired Property 9 19. Unauthorized Use of Another's Name or Product 9 20. Uninsured/ Underinsured Motorist 9 21. War 9 22. Workers' Compensation ...9 C. Defense and Supplementary Payments 9 SECTION II-WHO IS AN INSURED 10 SECTION III-LIMITS OF INSURANCE 11 SECTION IV- CONDITIONS: 12 1. Appeals 12 2. Audit 13 3. Bankruptcy 13 4. Duties in the Event of Occurrence, Claim or Suit 13 5. First Named Insured 13 6. Legal Action Against Us and Loss Payments 13 7. Liberalization 14 8. Maintenance of Underlying Insurance 14 9. Other Insurance 14 10. Premium 14 11. Representations 14 12. Separation of Insureds 14 13. Transfer of Rights of Recovery Against Others to Us 15 14. When We Do Not Renew 15 SECTION V- DEFINITIONS: 15 1. "Advertisement" 15 2. "Authorized representative" 15 3. "Auto" 15 4. "Bodily injury" 16 5. "Coverage term" 16 6. "Coverage territory" 16 Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 1 of 22 a. You are an insured. provided for such additional insureds thereun- b. Anyone else while using with your permis- der. sion an "auto" you own, hire or borrow is No person or organization is an insured with re- also an insured except: spect to the conduct of any current or past partner- (1) The owner or any other person or or- partner- ship, joint venture, or limited liability company that ganization (except your"executive of- t not shown as a Named Insured in the Declara- i ficers" or principals) from whom you tons. hire or borrow an "auto", unless such SECTION III-LIMITS OF INSURANCE persons or organizations are in- sureds in your "underlying insurance" 1. The Limits of Insurance shown in the Declara- listed in the Schedule of Underlying tions and the rules below fix the most we will Insurance, and then only for such pay regardless of the number of: hazards for which coverage is pro- a. Insureds; vided by such "underlying insurance". This exception does not apply if the b. Claims made or"suits" brought; or "auto" is a trailer or semi-trailer con- nected to an "auto"you own. c. Persons or organizations making claims or bringing "suits". (2) Your "employee", if the "auto" is owned by that "employee"or a mem- 2. The Aggregate Limit is the most we will pay for ber of his or her household, unless: all damages: (a) Such "employee" is an insured a. Included in the "products-completed op- with respect to that "auto" in the erations hazard"; "underlying insurance" listed in b. Because of"bodily injury" by disease sus- the Schedule of Underlying In- tained by your "employees" arising out of surance, and then only for such and in the course of their employment by hazards for which coverage is you; or provided by such "underlying in- surance"; or c. Because of "bodily injury", "personal and (b) The "bodily injury' or "property advertising injury" or "property damage" How- damage" issustained by a co- not included within a. or b. above.ever, this Aggregate Limit will not apply to "employee" of such "employee". damages which are not subject to an Ag- (3) Someone using an "auto" while he or gregate Limit in the "underlying insur- she is working in a business of sell- ance". ing, servicing, repairing, parking or The Aggregate Limit applies separately to a., storing "autos", unless that business b. and c. The Aggregate Limit described in c. is yours. will apply only to damages not subject to a. or (4) Anyone other than your "employees", b. above. partners (if you are a partnership), 3. Subject to the Limit of Insurance described in members (if you are a limited liability company), or a lessee or borrower or 2•c•above: any of their "employees", while mov- a. Only in the event that "underlying insur- ing property to or from an "auto". ance" specifically listed in the Schedule of Underlying Insurance provides an annual c. Anyone liable for the conduct of an in- Aggregate Limit of Insurance for damages sured described in Paragraphs 2.a. and b. that would not be subject to 2.a. or b. above is also an insured, but only if they above that is applicable separately to are provided insurance coverage for such each: liability by valid and collectible "underlying insurance" listed in the Schedule of Un- (1) Location owned by, or rented or derlying Insurance and then only for such leased to you solely with respect to hazards for which coverage is provided by damages which are the result of a such "underlying insurance". claim or "suit" for "bodily injury" or "property damage" which can be at- 3. At your option and subject to the terms of this tributed to operations at only a single insurance, any additional insureds not ad- location, then the Aggregate Limit dressed by Paragraphs 1. and 2. above coy- described in 2.c. above applies sepa- ered in the "underlying insurance" listed in the rately to each location owned by, or Schedule of Underlying Insurance are also in- rented or leased to you. sureds, but only to the extent that insurance is Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 11 of 22 (2) Of your construction projects solely Coverage Part will continue in force as with respect to damages which are excess of the reduced "underlying insur- the result of a claim or"suit"for"bodi- ance"; or ly injury" or "property damage" which can be attributed only to ongoing op- b. If the limits of"underlying insurance" have erations and only at a single con- been exhausted by payment of claims, struction project, then the Aggregate this Coverage Part will continue in force Limit described in 2.c. above applies as "underlying insurance". separately to each of your construc- 6. The Limits of Insurance of this Coverage Part tion projects. apply separately to each "coverage term". b. Only with respect to the application of SECTION IV- CONDITIONS Limits of Insurance described in 3.a. above, the following terms location and 1. Appeals construction project will have the following meanings: If the insured or any insurer who provides the applicable "underlying insurance" elects not to (1) Location means premises involving appeal a judgment which exceeds the "under- the same or connecting lots, or prem- lying limit", we may elect to do so at our own ises whose connection is interrupted expense. We shall be liable for the taxable only by a street, roadway, waterway costs and disbursements and interest inci- or right-of-way of a railroad. dental thereto, but in no event shall this provi- (2) Construction project means a loca- sion increase our liability beyond: tion you do not own, rent or lease a. Our applicable Limits of Insurance for all where ongoing improvements, altera- "ultimate net loss"; tions, installation, demolition or maintenance work is performed by b. Our applicable Defense and Supplemen- you or on your behalf. All connected tary Payments as described in SECTION I ongoing improvements, alterations, - COVERAGE, C. Defense and Supple- installation, demolition or mainte- mentary Payments; and nance work performed by you or on your behalf at the same location for c. The expense of such appeal. the same persons or entities, no mat- 2. Audit ter how often or under how many dif- ferent contracts, will be deemed to be If this Coverage Part is subject to Audit, as in- a single construction project. dicated in the Declarations, then the following Condition applies: 4. Subject to the limits described in 2. and 3. The premium shown in the Premium above, the Each Occurrence Limit is the most a. we will pay for the "ultimate net loss": Computation Endorsement as Advance Premium is a deposit premium. At the a. In excess of the applicable limits of "un- close of each audit period, we will corn- derlying insurance"; or pute the earned premium for that period. b. If an "occurrence" is not covered by "un- If: derlying insurance", but covered by the (1) The earned premium is less than the terms and conditions of this Coverage deposit premium, we will return the Part, excess to the first Named Insured; or Because of all "bodily injury", "personal and (2) The earned premium is greater than advertising injury" and "property damage" aris- the deposit premium, the difference ing out of any one "occurrence". will be due and payable to us by the first Named Insured upon notice from We will not pay more than the Limit of Insur- us. The due date for audit and retro- ance shown in this Coverage Part's Declara- spective premiums is the date shown tions for each "occurrence" because any Per- as the due date on the bill. sonal Umbrella Liability Policy(ies) is / are at- tached to this policy. However, in no event will the earned pre- mium be less than the Minimum Premium 5. Subject to the limits described in 2., 3. and 4. stated in the Premium Computation En- above and to the terms and conditions of the dorsement. "underlying insurance": a. If the limits of"underlying insurance" have b. The first Named Insured must keep rec- been reduced by payment of claims, this ords of the information we need for pre Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 12 of 22 8. Maintenance of Underlying Insurance a. By acceptance of this Coverage Part, you agree that the statements in the Declara- a. While this Coverage Part is in effect, the tions are your agreements and represen- insured shall maintain in force the "under- tations, that this Coverage Part is issued lying insurance" listed in the Schedule of in reliance upon the truth of such repre- Underlying Insurance as collectible insur- sentations and that this Coverage Part ance. The terms, conditions and en- embodies all agreements existing be- dorsements of "underlying insurance" will tween you and us or any of our agents re- not materially change and renewals or re- lating to this insurance. placements of "underlying insurance" will not be more restrictive in coverage. b. However, to the extent that the following b. Limits of"underlying insurance" will not be applies in the"underlying insurance" listed y g specifically in the Schedule of Underlying reduced, except for any reduction or ex- Insurance, it will also apply to this Cover- haustion in the aggregate limits of insur- age Part: ance due to payment of claims which are in accordance with SECTION I - COVER- Based on our reliance upon your repre- AGE, A. Insuring Agreement, Paragraph sentations as to existing hazards, if unin- 2.of this Coverage Part. tentionally you should fail to disclose all fail or neglect to maintain such hazards at the inception date of this c. In the event youg Coverage Part, we will not reject coverage "underlying insurance" as required, this under this Coverage Part based solely on Coverage Part will apply as though such such failure. "underlying insurance" was in force and collectible at the time a claim is presented 12. Separation of Insureds to us which is in accordance with SEC- TION I - COVERAGE, A. Insuring Except with respect to the Limits of Insurance, Agreement, Paragraph 2. of this Cover- and any rights or duties specifically assigned age Part. in this Coverage Part to the first Named In- sured, this insurance applies: d. The limits of "underlying insurance" shall be deemed applicable, regardless of any a. As if each Named Insured were the only defense which the insurer who provides Named Insured; and the "underlying insurance" may assert be- b. Separately to each insured against whom cause of the insured's failure to comply claim is made or"suit" is brought. with any Condition of the policy or the ina- bility of the insurer to pay by reason of 13. Transfer of Rights of Recovery Against bankruptcy or insolvency. Others to Us 9. Other Insurance a. If the insured has rights to recover all or This insurance is excess over, and shall not part of any payment we have made under this Coverage Part,those rights are trans- contribute with any other insurance, whether ferred to us. The insured must do nothing primary, excess, contingent or on any other after loss to impair them. At our request, basis. This condition will not apply to insur- the insured will bring "suit" or transfer ance specifically written as excess over this Coverage Part. those rights to us and help us enforce them. 10. Premium b. Any recoveries shall be applied as follows: The premium for this Coverage Part shall be in- as stated in the Declarations. The advance (1) First, e thewill reimburse anyone,cluding insured, the amounts ac- and anniversary premiums are not subject to tually paid by them that were in ex- adjustment, except as stated in the Declara- cess of our payments; tions, or as stated in an endorsement issued by us to form a part of this Coverage Part. (2) Next,we will be reimbursed to the ex- tent of our actual payment; and You shall maintain records of such information as is necessary for premium computation, and (3) Lastly, any amounts left after meeting shall, if requested by us, send copies of such the obligations outlined in (1) and (2) records to us at the end of the"coverage term" above will be distributed to anyone and at such times during the policy period as else known to us at the time a recov- we may direct. ery is made and who is legally enti- 11. Representations tled to such recovery. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 14 of 22 Expenses incurred in the recovery shall and directors are "authorized repre- be apportioned among all interests in the sentatives". Provided you are not a ratio of their respective recoveries as fi- publicly traded organization, your nally settled. If there is no recovery as a stockholders are also "authorized result of our attempts, we shall bear all of representatives". the recovery expenses. (5) A trust, your trustees are "authorized c. If prior to an "occurrence" to which this representatives". Coverage Part would apply, you and the issuer of your applicable "underlying in- b. Your "employees" assigned to manage surance" listed specifically in the Sched- your insurance program, or assigned to ule of Underlying Insurance waive any give or receive notice of an "occurrence", right of recovery against a person or or- claim or "suit" are also "authorized repre- ganization for injury or damage,we will al- sentatives". so waive any rights we may have against 3, "Auto" means: such person or organization. When We Do Not Renew a. Any land motor vehicle, trailer or semi- 14. trailer designed for travel on public roads; If we decide not to renew this Coverage Part, or we will mail or deliver to the first Named In- b. Any other land vehicle that is subject to a sured shown in the Declarations written notice compulsory or financial responsibility law of the nonrenewal not less than 30 days before or other motor vehicle insurance law the expiration date. where it is licensed or principally garaged. If notice is mailed, proof of mailing will be suf- "Auto" does not include"mobile equipment". ficient proof of notice. SECTION V- DEFINITIONS 4. "Bodily injury' means bodily harm or injury, sickness, disease, disability, humiliation, 1. "Advertisement" means a notice that is broad- shock, fright, mental anguish or mental injury, cast or published to the general public or spe- including care, loss of services or death result- cific market segments about your goods, ing from any of these at any time. products or services for the purpose of attract- 5. "Coverage term" means the following individu- ing customers or supporters. "Advertisement" al increment, or if a multi-year policy period, includes a publicity article. For the purposes increments, of time, which comprise the policy of this definition: period of this Coverage Part: a. Notices that are published include materi- a. The year commencing on the Effective al placed on the Internet or on similar Date of this Coverage Part at 12:01 AM electronic means of communication; and standard time at your mailing address b. Regarding web-sites, only that part of a shown in the Declarations, and if a multi- web-site that is about your goods, prod- year policy period, each consecutive an- ucts or services for the purposes of at- nual period thereafter, or portion thereof if tracting customers or supporters is con- any period is for a period of less than 12 sidered an "advertisement". months, constitute individual "coverage terms". The last "coverage term" ends at 2. "Authorized representative" means: 12:00 AM standard time at your mailing a. If you are: address shown in the Declarations on the earlier of: (1) An individual, you and your spouse (1) The day the policy period shown in are "authorized representatives". the Declarations ends; or (2) A partnership or joint venture, your (2) The day the policy to which this Cov- members, your partners, and their erage Part is attached is terminated spouses are "authorized representa- or cancelled. tives". b. However, if after the issuance of this Cov- (3) A limited liability company, your erage Part, any "coverage term" is ex- members and your managers are tended for an additional period of less "authorized representatives". than 12 months, that additional period of (4) An organization other than a partner- time will be deemed to be part of the last ship, joint venture or limited liability preceding "coverage term". company, your "executive officers" 6. "Coverage territory"means anywhere. Includes copyrighted material of ISO US 101 UM 12 04 Properties, Inc., with its permission. Page 15 of 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC PRIMARY AND NON-CONTRIBUTORY COVERAGE ENDORSEMENT - WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $2 ,000,000 Each Occurrence Limit $ 2 ,000,000 Aggregate Limit COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A. SECTION III - LIMITS OF INSURANCE is It is agreed that this condition does not amended to add the following: apply to the "non-contributory additional 7. For the purposes of this endorsement on- insured's" own insurance program on which they are a named insured. ly, the Limits of Insurance stated in the Schedule of this endorsement and de- However: scribed below will apply on a "primary and non-contributory basis"within the parame- This exception to the Other Insurance ters set forth in SECTION III - LIMITS OF Condition shall only apply if the appli- INSURANCE of the Coverage Part to cable "underlying insurance" applies which this endorsement is attached: on a "primary and non-contributory basis" for such "non-contributory ad- We will not pay more on behalf of a "non- ditional insured" and only to the ex- contributory additional insured" than the tent of the specific limits of insurance lesser of: required in a written contract or agreement on a "primary and non- a. The Limits of Insurance stated in the contributory basis"that is in excess of Schedule of this endorsement; or the "underlying insurance"; and b. The limits of insurance required in a b. It is understood and agreed that the written contract on a "primary and insurance provided by this Coverage non-contributory basis"for such "non- Part is excess of: contributory additional insured", but only to the extent the required limits (1) "Underlying insurance" listed in of insurance are in excess of the the Schedule of Underlying In- "underlying insurance"; or surance; c. The Limits of Insurance available af- (2) Any other insurance available to ter the payment of"ultimate net loss" the "non-contributory additional on any insured's behalf from any insured" as an additional insured; claim or"suit". and This provision is included within and does (3) Any other insurance available to not act to increase the Limits of Insurance the "non-contributory additional stated in the Dedarations. insured" on which they are not a named insured. B. SECTION IV - CONDITIONS is amended as follows: 2. The following condition is added: 1. Condition 9. Other Insurance is amended 15. As a precedent to the receipt of in- to add the following: surance coverage hereunder, the "non-contributory additional insured" must give written notice of such claim or "suit", including a demand for de- Includes copyrighted material of Insurance US 4096 11 20 Services Office, Inc., with its permission. Page 1 of 2 Tense and indemnity,to any other in- contract between an additional in- surer who had coverage for the claim sured and a Named Insured provid- or "suit" under its policies. Such no- ed: tice must demand the full coverage available and the "non-contributory (1) The written contract or agree additional insured" shall not waive or ment is executed before the "oc limit such other available coverage. currence" resulting in "bodily in jury", "personal and advertising This condition does not apply to the injury" or "property damage" for "non-contributory additional insured's" which coverage is being sought own insurance program on which under this endorsement; and they are a named insured. (2) The written contract or agree- C. SECTION IV - DEFINITIONS is amended to ment requires a specific limit of add the following: insurance on a "primary and non-contributory basis" that is in 30. "Non-contributory additional insured" excess of "underlying insur- means any person or organization: ance". a. Qualifying as an additional insured 31. "Primary and non-contributory basis" under SECTION II - WHO IS AN IN- means that the limits of insurance of the SURED, Paragraph 3. of the Cover- Coverage Part to which this endorsement age Part to which this endorsement is is attached apply to insured loss on behalf attached; and of the "non-contributory additional in- b. Being granted additional insured sta sured" prior to limits of insurance from tus on a "primary and non other insurance in which the "non- contributory basis" in the "underlying contributory additional insured" is a insurance" as required in a written named insured. Includes copyrighted material of Insurance US 4096 11 20 Services Office, Inc., with its permission. Page 2 of 2 Office m MODERN abate:a Only Electric Water Company Rebate: Non-Residential Lighting Month/Year: Rebate Application Complete form and sign/date below. All information is required to process rebate(s). Incomplete forms will be returned to the applicant. This will delay rebate processing. Submit this form prior to the site audit. CUSTOMER INFORMATION Company Name Cityof Spokane ValleyDate on Account 7/22/22 Contact Name John Hohman Account No. 2038809/2038810 Installation 12614 E Sprague Ave Contact Phone Address 509-720-5000 City Spokane Valley State WA zip 99206 Mailing Address Contact (if different) Email jhohman@spokanevalley.org City State Zip Rebate(s)will not exceed 70% of total installed cost. To ensure availability of funds, project must be pre-approved. Before Installation: Audit and prior approval are required. Call 888-883-9879 to schedule. After Installation: Final inspection is required. Call 888-883-9879 to schedule. Upon signing this agreement,customer acknowledges the following: Rebate offer(s)may be changed or discontinued at any time by Modern Electric Water Company(MEWCO). If the rebate offer(s)is adjusted rebate will be processed at the current rebate level. The contractor and/or customer must contact MEWCO to ensure they have the current rebate information. The MEWCO disclaims any warranty, whether expressed or implied, regarding the energy efficient upgrade(s)listed on this application for any materials or labor associated with installation, maintenance, repair,or any energy savings associated with use. I understand that the energy efficient upgrade(s)must be installed to MEWCO specifications, and certify that I, or my contractor, have reviewed the specifications prior to beginning work. When selecting a contractor, I understand that it is the business owner's responsibility to request proof of insurance and licensing that meets the statutes and rules of the Washington Bureau of Occupational Licenses. MEWCO strongly recommends validating qualifications before work begins. I understand the above and certify that I am a customer of MEWCO indicated, that the energy efficient upgrade(s) are installed at the address indicated and that this address is within theMEWCO service territory. CUSTOMER SIGNATURE ,/ �nt_ DATE '`Z 2` The final paperwork can be mailed,faxed or emailed to: Modern Electric Water Company Attn: Energy Efficiency Rebates 5625 NE Elam Young Parkway#400 Hillsboro, OR 97124 FAX: 503-344-6942 Rebates@esgrouplIc.com Rebate Applications are due within six months of purchase to qualify. Allow 8 to 10 weeks for rebate processing after the final inspection and receipt of all final paperwork. Call 888-883-9879 to learn about additional energy efficiency programs. Participation in this energy efficiency program allows Modem Electric Water Co to use your electrical energy consumption history for energy savings research. Your consumption history may be shared anonymously with Bonneville Power Administration for energy savings verification and research. ©Efficiency Services Group,LLC.All Rights Reserved. V 10/19