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23-066.00 Ibex Flooring: CenterPlace Carpet & Flooring Replacement f � Contract No. 23-066.00 CONSTRUCTION AGREEMENT Ibex Flooring,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 Ibex Flooring, 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 CenterPlace Regional Event Center Carpet and Flooring Replacement Project (the "Work") in accordance with documents described in Exhibit B and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed December 31, 2023 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. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$18,962.59, plus Washington State Sales Tax of $1,687.67(if applicable), for a total of$20,650.26, based on the Scope of Work/Cost Statement submitted by Contractor(Exhibit A),and as may be adjusted in accordance with the Contract Documents. 4.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 Construction Agreement Page 1 of 9 Contract Documents,City standards,City Code,state standards,or federal standards. 5.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: Ibex Flooring,LLC Phone:(509)720-5000 Phone: 509-327-3331 Address: 10210 East Sprague Avenue Address: P.O.Box 7538 Spokane Valley,WA 99206 Spokane,WA 99206 6. 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. 7. 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: 1. Are not presently debarred, suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Prevailing Wanes 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. Construction Agreement Page 2 of 9 ■ 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://secure.lni.wa.gov/wagelookuu/ 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. 9. 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. 10. 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. 11.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. 12. 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 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 p rovision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 13.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. 14. 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). Construction Agreement Page 3 of 9 15. 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: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. 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 Construction Agreement Page 4 of 9 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 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. 16. 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, Construction Agreement Page 5 of 9 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. 17.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. 18. 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. 19. 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. 20. 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. 21. 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. 22. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 23.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. 24.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. 25. 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. Construction Agreement Page 6 of 9 26. 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 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, Construction Agreement Page 7 of 9 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 II 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; 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 Construction Agreement Page 8 of 9 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.). 27.Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 28.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work/Cost Statement B. Insurance Certificates C. Performance and Payment Bond(memo attached indicated 10%retainage in lieu of this) The Parties have executed this Agreement this 19 day of February ,20 23. CITY OF SPOKANE VALLEY: Contractor: ,44/1-& C-1/fird- Jo Hohman, City Manager By: Its: Authorized Representative APPROVED AS TO FORM: ice the City ttorney Construction Agreement Page 9 of 9 11k ubex Commercial Flooring 2925 N.Martin St/PO Box 7538,Spokane, WA 99207 Phone:(509)327-3331/Fax:(509)327-4033 Email:iustinaibexfloorinzcom WA License#IBEXFFL944Q9 /ID License#RCE-24321 February 16,2023 To:Centerplace Attn:Nicole Re:Carpet/Flooring replace at rooms 145,229,235&237 Scope of work to include removal of existing carpet and base,install of new carpet,LVP and base as listed below. Prevailing wage rates are included. Pricing below is based on a minimum order of 300sy of the Shaw Blockprint carpet tile as it is a custom. #145-$4,038.36+Wa State Sales Tax @ 8.9%=$359.41=$4,397.77 MOHAWK/SECOYA C0009/142 KEW GARDENS/9X59 TARKETT 1/4 ROUND-TBD TARKETT TRANSITIONS TO MATCH DEMO EXISTING CARPET/BASE FLOOR PREP #229-$4,481.67+Wa State Sales Tax @ 8.9%=$398.87=$4,880.54 PATCRAFT/10468 BACKLIT/00700 CHROMA/9X36 TARKET 4.5"BASE-TBD TARKETT TRANSITIONS TO MATCH DEMO EXISTING CARPET/BASE #235-$5,945+Wa State Sales Tax @ 8.9%=$529.11=$6,474.11 PATCRAFT/I0468 BACKLIT/00700 CHROMA/9X36 TARKET 4.5"BASE/TRANSITIONS-TBD DEMO EXISTING CARPET/BASE #237-$4,497.56+Wa State Sales Tax @ 8.9%=$400.28=$4,897.84 PATCRAFT/10468 BACKLIT/00700 CHROMA/9X36 TARKET 4.5"BASE/TRANSITIONS-TBD DEMO EXISTING CARPET/BASE Total Including Sales Tax $20,650.26 Pricing valid for 60 days. Ibex is not held liable for material price escalation. Standard Exclusions: • Furniture handling • Remedy for excessive moisture emissions • Major unforeseen prep or substrate repair such as grinding or self-leveling • Polish/Seal resilient flooring • Off hours labor/overtime • Demo of existing flooring,adhesives or thin-sets • Asbestos abatement or testing Thank you, Justin Popple Project Manager Ibex Flooring LLC IBEXFLO-01 PVAISHNAVI ^ ACI.IRO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 2/9/2023 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: Hub International Northwest LLC HO PO Box 3144 (A// NEC, o,Ext):(509)747-3121 FAX No):(509)623-1073 Spokane,WA 99220 n oREss:nowspkinfo@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:CIrlCirlllati Casualty 28665 INSURED INSURER B:Westchester Surplus Lines Insurance Co. 10172 IBEX Flooring LLC INSURER C: PO Box 7538 INSURER D: Spokane,WA 99207 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMM/DD/YYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR EPP0547117 8/2/2022 8/2/2023 DAMAGETORENTED 500,000 X X PREMISES(Ea occurrence) $ 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 JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO EBA0547117 8/2/2022 8/2/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS��� ONLY AUTOS BODILY O INJURY(Per accident) $ AUTOS ONLY AUTO ONLY (Perr acc dent)AMAGE - $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE EPP0547117 8/2/2022 8/2/2023 AGGREGATE $ 5,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATUTE H ER EPP0547117 8/2/2022 8/2/2023 1,000,000 ANY NYIPROPRIETORR/P RTNERD PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Contractor Pollution G28372103002 1/15/2023 1/15/2024 $2,500 Ded/Condition 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:PO#45110,Flooring For Room#145 at Center Place. City of Spokane Valley is included as Al per attached policy forms,Coverage is Primary and non-contributory,and Waiver of Subrogation applies per the attached forms/endorsements.Per Project Aggregate applies to General Liability policy,per attached forms/endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p ACCORDANCE WITH THE POLICY PROVISIONS. Centerplace Room 145 2426 N.Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy#EPP0547117 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- If the written contract or written 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" sion 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, induding: 2. Will not be broader than that which you a. 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 exdusion 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 the policy period; and ment, permit or authorization. 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 Liability Conditions, 5. Other Insurance, Except when wrap-up insurance applies to the claim or and supersedes any provision to the contrary: "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 seek contribution from any other insur- 2. For any other valid and collectible insur- ance available to the additional insured. ance available to the additional insured as 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 Policy#EPP0547117 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in (1) The "bodily injury" or "property dam- the Declarations, and any other person or organi- age" is caused by an "occurrence" zation qualifying as a Named Insured under this that takes place in the "coverage ter Coverage Part. The words "we", "us" and "our" ritory", refer to the Company providing this insurance. (2) The "bodily injury" or "property dam- The word "insured" means any person or organi- zation qualifying as such under SECTION II-WHO and IS AN INSURED. (3) Prior to the "coverage term" in which Other words and phrases that appear in quotation "bodily injury" or "property damage" marks have special meaning. Refer to SECTION occurs, you did not know, per Para- V-DEFINITIONS, graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- SECTION I-COVERAGES curred or had begun to occur, in whole or in part. COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY c. "Bodily injury" or "property damage" which: 1. Insuring Agreement (1) Occurs during the "coverage term"; a. We will pay those sums that the insured and becomes legally obligated to pay as damages because of "bodily injury" or (2) Was not, prior to the "coverage "property damage" to which this insur- term", known by you, per Paragraph ance applies. We will have the right and 1.d. below,to have occurred; duty to defend the insured against any "suit" seeking those damages. However, includes any continuation, change or re we will have no duty to defend the in- sumption of that "bodily injury" or "prop- sured against any "suit" seeking dam erty damage" after the end of the "cover- ages for "bodily injury" or "property dam- age term" in which it first became known age" to which this insurance does not by you. apply. We may, at our discretion, investi- d. You will be deemed to know that "bodily gate any "occurrence" and settle any injury" or "property damage" has oc- claim or"suit"that may result. But: curred at the earliest time when any (1) The amount we will pay for damages "authorized representative": is limited as described in SECTION (1) Reports all, or any part, of the "bodily III- LIMITS OF INSURANCE; and injury" or "property damage" to us or (2) Our right and duty to defend ends any other insurer; when we have used up the applica- (2) Receives a written or verbal demand ble limit of insurance in the payment or claim for damages because of the of judgments or settlements under "bodily injury"or"property damage"; SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND (3) First observes, or reasonably should PROPERTY DAMAGE LIABILITY; have first observed, the "bodily in- SECTION I - COVERAGES, COV- jury"or"property damage"; ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or (4) Becomes aware, or reasonably medical expenses under SECTION I should have become aware, by any - COVERAGES, COVERAGE C. means other than as described in (3) MEDICAL PAYMENTS, above, that "bodily injury" or "prop- erty damage" had occurred or had No other obligation or liability to pay sums begun to occur; or or perform acts or services is covered unless expressly provided for under (5) Becomes aware, or reasonably should have become aware, of a Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 1 of 22 condition from which "bodily injury" (3) Any statute, ordinance or regulation or "property damage" is substantially relating to the sale, gift, distribution certain to occur. or use of alcoholic beverages. e. Damages because of "bodily injury" in- This exclusion applies only if you are in dude damages claimed by any person or the business of manufacturing, distribut- organization for care, loss of services or ing, selling,serving or furnishing alcoholic death resulting at any time from the "bod- beverages. ily injury". d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a workers'compensation, disability benefits a. Expected or Intended Injury or unemployment compensation law or "Bodily injury" or "property damage" any similar law. which may reasonably be expected to re- e. Employer's Liability suit from the intentional or criminal acts of the insured or which is in fact expected or "Bodily injury"to: intended by the insured, even if the injury or damage is of a different degree or type (1) An "employee" of the insured sus than actually expected or intended. This tained in the"workplace"; exclusion does not apply to "bodily injury" (2) An "employee" of the insured arising resulting from the use of reasonable force out of the performance of duties re- to protect persons or property. lated to the conduct of the insured's b. Contractual Liability business; or "Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or which the insured is obligated to pay sister of that"employee" as a conse- damages by reason of the assumption of quence of Paragraphs (1) or (2) liability in a contract or agreement. This above. exclusion does not apply to liability for This exclusion applies: damages: (1) Whether the insured may be liable (1) That the insured would have in the as an employer or in any other ca- absence of the contract or agree- pacity; and ment; or (2) To any obligation to share damages (2) Assumed in a contract or agreement with or repay someone else who that is an "insured contract", pro- must pay a damages because of the 9 vided the "bodily injury" or "property injury. damage" occurs subsequent to the execution of the contract or agree- This exclusion does not apply to liability ment. When a claim for such "bodily assumed by the insured under an "in- injury" or "property damage" is sured contract". made, we will defend that claim pro- vided the insured has assumed the f. Pollutant obligation to defend such claim in the (1) "Bodily injury" or "property damage" "insured contract". Such defense arising out of the actual, alleged or payments will not reduce the limits of threatened discharge, dispersal, insurance. seepage, migration, release, escape c. Liquor Liability or emission of"pollutants": "Bodily injury" or "property damage" for (a) At or from any premises, site or which any insured may be held liable by location which is or was at any reason of: time owned or occupied by, or rented or loaned to, any insured. (1) Causing or contributing to the intoxi- However, Paragraph (a) does cation of any person; not apply to: (2) The furnishing of alcoholic bever- 1) "Bodily injury"to any person ages to a person under the legal injured while on any prem- drinking age or under the influence ises, site or location owned of alcohol; or or occupied by, or rented or loaned to,you provided: Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 2 of 22 a) The injury is caused by airborne irritants or con- the inadequate ventila- taminants used in a manu- tion of vapors; facturing process or which b) Theperson injured is is the product or by-product 1 of any manufacturing proc- first exposed to such ess; vapors during the pol- icy period; and 2) "Bodily injury" or "property Within 30 days of such damage" for which you may c) y be held liable, if you are a first exposure, the per- contractor, and the owner son injured is clinically or lessee of such premises, diagnosed or treated site or location has been by a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongo- sure to such vapors. ing operations or "your However, Paragraph c) work" performed for that does not apply if the additional insured at that "bodily injury"is caused premises, site or location by vapors produced by and such premises, site or or originating from location is not and never equipment that is used was owned or occupied by, to heat, cool or dehu- or rented or loaned to, any midify the building, or insured, other than that ad- equipment that is used ditional insured; or to heat water for per- sonal use, by the 3) "Bodily injury" or "property building's occupants or damage" arising out of heat, their guests. smoke or fumes from a This exception 1) shall ap- "hostile fire"; ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to location which is or was at any defend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named In- age, disposal, processing or sured. However, this para- treatment of waste; graph does not apply if the "bodily injury" is caused by (c) Which are or were at any time vapors produced by or transported, handled, stored, originating from equipment treated, disposed of, or proc- that is used to heat, cool or essed as waste by or for: dehumidify the building, or 1) Any insured; or equipment that is used to heat water for personal use, 2) Any person or organization by the building's occupants for whom you may be le- or their guests. gaily responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are contaminant, including performing operations if the smoke, fumes, vapor or "pollutants" are brought on or to soot, but excluding asbes- the premises, site or location in tos, which is discharged, connection with such operations dispersed, emitted, re- by such insured, contractor or leased or escapes from subcontractor. However, Para- materials, machinery or graph (d)does not apply to: equipment used in the service or maintenance of 1) "Bodily injury" or "property the premises. Vapors does damage" arising out of the not mean any gaseous or discharge, dispersal, seep- age, migration, release, es- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 3 of 22 cape or emission of fuels, erations are to test for, monitor, lubricants or other operating clean up, remove, contain, treat, fluids, or exhaust gases, detoxify or neutralize, or in any which are needed to per- way respond to, or assess the form, or are the result of, effects of, "pollutants". the normal electrical, hy- draulic or mechanical func- (2) Any loss, cost or expense arising out tions necessary for the op- of any: eration of "mobile equip- (a) Request, demand, order or ment" or its parts, if such statutory or regulatory require- fuels, lubricants or other ment that any insured or others operating fluids, or exhaust test for, monitor, clean up, re- gases, escape, seep or mi- move, contain, treat, detoxify or grate, or are discharged, neutralize, or in any way re- dispersed, released or spond to, or assess the effects emitted from a vehicle part of, "pollutants";or designed to hold, store or receive them. This excep- (b) Claim or suit by or on behalf of a tion does not apply if the fu- governmental authority for dam- els, lubricants or other op- ages because of testing for, erating fluids, or exhaust monitoring, cleaning up, remov- gases, escape, seep or mi- ing, containing, treating, detoxi- grate, or are discharged, fying or neutralizing, or in any dispersed, released or way responding to, or assessing emitted with the intent to the effects of, "pollutants". cause "bodily injury" or "property damage" or with However, Paragraphs (2)(a) and (b) the knowledge that "bodily do not apply to liability for damages injury"or"property damage" because of "property damage" that is substantially certain to the insured would have in the ab- occur, or if such fuels, lubri sence of such request, demand, or- cants or other operating der or statutory or regulatory re- fluids, or exhaust gases, quirement, or such claim or "suit" by are brought on or to the or on behalf of a governmental premises, site or location authority. with such intent to escape, g. Aircraft,Auto or Watercraft seep or migrate, or be dis- charged, dispersed, re- "Bodily injury" or "property damage" aris- leased or emitted as part of ing out of the ownership, maintenance, the operations being per- use or entrustment to others of any air- formed by such insured, craft, "auto" or watercraft owned or oper- contractor or subcontractor; ated by or rented or loaned to any in- sured. Use includes operation and 2) "Bodily injury" or "property "loading or unloading". damage" sustained within a building and caused by the This exclusion applies even if the claims release of gases, fumes or against any insured allege negligence or vapors from materials other wrongdoing in the supervision, hir- brought into that building in ing, employment, training or monitoring of connection with operations others by that insured, if the "occurrence" being performed by you or which caused the "bodily injury" or"prop- on your behalf by a con- erty damage" involved the ownership, tractor or subcontractor; or maintenance, use or entrustment to oth- ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage"arising out of heat, loaned to any insured. smoke or fumes from a "hostile fire";or This exclusion does not apply to: (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or ises you own or rent; any contractors or subcontrac- tors working directly or indirectly (2) A watercraft you do not own that is: on any insured's behalf are (a) Less than 51 feet long; and performing operations if the op- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 4 of 22 (b) Not being used to carry persons governmental authority in hindering or property for a charge; or defending against any of these. (3) Parking an "auto" on, or on the ways j. Damage to Property next to, premises you own or rent, provided the "auto" is not owned by "Property damage"to: or rented or loaned to you or the in- (1) Property you own, rent or occupy, sured; including any costs or expenses in- (4) Liability assumed under any "insured curved by you, or any other person, contract" for the ownership, mainte organization or entity, for repair, re- nance or use of aircraft or watercraft; placement, enhancement, restora or tion or maintenance of such property for any reason, including prevention (5) "Bodily injury" or "property damage" of injury to a person or damage to arising out of: another's property; (a) The operation of machinery or (2) Premises you sell, give away or equipment that is on, attached abandon, if the "property damage" to, or part of, a land vehicle that arises out of any part of those prem- would qualify under the defini- ises; tion of "mobile equipment" if it were not subject to a compul- (3) Property loaned to you; sory or financial responsibility (4) Personal property in the care, cus- law or other motor vehicle insur- tody or control of an insured; ance law in the state where it is licensed or principally garaged; (5) That particular part of real property or on which you or any contractors or subcontractors working directly or (b) The operation of any of the ma- indirectly on your behalf are per- chinery or equipment listed in forming operations, if the "property Paragraph f.(2) or f.(3) of the e dama " arises out of those opera- definition of"mobile equipment". g tions; or h. Mobile Equipment (6) That particular part of any property "Bodily injury" or "property damage" aris- must be restored, repaired or ing out of: replaced because "your work" was incorrectly performed on it. (1) The transportation of "mobile equip- ment" Paragraphs by an "auto" hs1 (owned or oper- g p ), and ((3) ) of this exclu- ated by or rented or loaned to any sion do not apply to "property damage" insured; or (other than damage by fire or explosion) to premises, including the contents of (2) The use of"mobile equipment" in, or such premises, rented to you for a period while in practice for, or while being of 7 or fewer consecutive days, for which prepared for, any prearranged rac- the amount we will pay is limited to the ing, speed, demolition, or stunting Damage To Premises Rented To You activity. Limit as described in SECTION III - LIM- ITS OF INSURANCE. i. War Paragraph (2) of this exclusion does not "Bodily injury" or "property damage", apply if the premises are "your work" and however caused, arising, directly or indi- were never occupied, rented or held for rectly, out of: rental by you. (1) War, including undeclared or civil Paragraphs (3), (4), (5) and (6) of this ex- war; clusion do not apply to liability assumed (2) Warlike action by a military force, in- under a sidetrack agreement. cluding action in hindering or de- Paragraph (6) of this exclusion does not fending against an actual or ex- apply to "property damage" included in pected attack, by any government, the "products-completed operations haz- sovereign or other authority using ard". military personnel or other agents; or (3) Insurrection, rebellion, revolution, k. Damage to Your Product usurped power, or action taken by "Property damage" to "your product" arising out of it or any part of it. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 5 of 22 I. Damage to Your Work q. Employment-Related Practices "Property damage" to "your work" arising "Bodily injury"to: out of it or any part of it and included in the "products-completed operations haz- A person arising out of any: ard". (a) Refusal to employ that person; This exclusion does not apply if the dam- (b) Termination of that person's aged work or the work out of which the employment; or damage arises was performed on your behalf by a subcontractor. (c) Other employment-related prac- tices, policies, acts or omissions m. Damage to Impaired Property or Prop- including but not limited to coer- erty Not Physically Injured cion, criticism, demotion, "Property damage" to "impaired property" evaluation, failure to promote, or property that has not been physically reassignment, discipline, defa- injured,arising out of: mation, harassment, humiliation or discrimination directed at that (1) A defect, deficiency, inadequacy or person; or dangerous condition in "your prod- uct"or"your work"; or (2) The spouse, child, parent, brother or sister of that person as a conse- (2) A delay or failure by you or anyone quence of "bodily injury" to that per- acting on your behalf to perform a son at whom any of the employment- contract or agreement in accordance related practices described in Para- with its terms. graphs (a), (b) or (c) above is di- rected. This exclusion does not apply to the loss of use of other property arising out of This exclusion applies: sudden and accidental physical injury to "your product" or "your work" after it has (1) Whether the insured may be liable been put to its intended use. as an employer or in any other ca- pacity; and n. Recall of Products, Work or Impaired Property (2) To any obligation to share damages with or repay someone else who Any liability or damages claimed for any must pay damages because of the loss, cost or expense incurred by you or injury. others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- r. Additional Insured Prior Knowledge justment, removal or disposal of: An additional insured added by attach- (1) "Your product"; ment of an endorsement to this Coverage Part that is seeking coverage for a claim (2) "Your work"; or or "suit", if that additional insured knew, (3) "Impaired property"; per the following paragraph, that "bodily injury" or "property damage" had oc- if such product, work or property is with- curred or had begun to occur, in whole or drawn or recalled from the market or from in part, prior to the "coverage term" in use by any person or organization be- which such "bodily injury" or "property cause of a known or suspected defect, damage"occurs or begins to occur. deficiency, inadequacy or dangerous An additional insured added by attach- condition in it. ment of an endorsement to this Coverage o. Personal and Advertising Injury Part will be deemed to have known that "bodily injury" or "property damage" has "Bodily injury"arising out of"personal and occurred or has begun to occur at the advertising injury". earliest time when that additional insured, or any one of its owners, members, part- y. Asbestos ners, managers, executive officers, "em- "Bodily injury" or "property damage" aris- ployees" assigned to manage that addi- ing out of, attributable to, or any way re- tional insured's insurance program, or lated to asbestos in any form or trans- "employees" assigned to give or receive miffed in any manner. notice of an "occurrence", "personal and advertising injury"offense, claim or"suit": Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 6 of 22 (1) Reports all, or any part, of the "bodily a. We will pay those sums that the insured injury" or"property damage" to us or becomes legally obligated to pay as any other insurer; damages because of "personal and ad- vertising injury" to which this insurance (2) Receives a written or verbal demand applies. We will have the right and duty or claim for damages because of the to defend the insured against any "suit" "bodily injury"or"property damage"; seeking those damages. However, we (3) First observes, or reasonably should will have no duty to defend the insured have first observed, the "bodily in- against any "suit" seeking damages for jury"or"property damage"; "personal and advertising injury" to which this insurance does not apply. We may, (4) Becomes aware, or reasonably at our discretion, investigate any offense should have become aware, by any and settle any claim or "suit" that may re- means other than as described in (3) sult. But: above, that "bodily injury" or "prop- erty damage" had occurred or had (1) The amount we will pay for damages begun to occur; or is limited as described in SECTION III- LIMITS OF INSURANCE; and (5) Becomes aware, or reasonably should have become aware, of a (2) Our right and duty to defend ends condition from which "bodily injury" when we have used up the applica or "property damage" is substantially ble limit of insurance in the payment certain to occur. of judgments or settlements under SECTION I - COVERAGES, COV- s. Electronic Data ERAGE A. BODILY INJURY AND Damages arisingout of the loss of, loss PROPERTY DAMAGE LIABILITY; g SECTION I - COVERAGES, COV- of use of, damage to, corruption of, in- ERAGE B. PERSONAL AND AD- ability to access, or inability to manipulate VERTISING INJURY LIABILITY; or "electronic data". medical expenses under SECTION I t. Distribution of Material in Violation of - COVERAGES, COVERAGE C. Statutes MEDICAL PAYMENTS. "Bodily injury" or "property damage" aris- No other obligation or liability to pay sums ing directly or indirectly out of any action or perform acts or services is covered or omission that violates or is alleged to unless expressly provided for under violate: SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. a. The Telephone Consumer Protection Act (TCPA), including any amend- b. This insurance applies to "personal and ment of or addition to such law;or advertising injury"only if: b. The CAN-SPAM Act of 2003, includ- (1) The "personal and advertising injury" ing any amendment of or addition to is caused by an offense arising out such law;or of your business; and c. Any statute, ordinance or regulation, (2) The "personal and advertising injury" other than the TCPA or CAN-SPAM offense was committed in the "cov- Act of 2003, that prohibits or limits the erage territory" during the policy pe- sending, transmitting, communicating riod; and or distribution of material or informa- (3) Prior to the "coverage term" in which tion, the "personal and advertising injury" Exclusions c. through q. do not apply to offense is committed, you did not "property damage" by fire or explosion to know, per Paragraph 1.d. below, that premises while rented to you or temporarily the offense had been committed or occupied by you with permission of the owner, had begun to be committed, in whole for which the amount we will pay is limited to or in part. the Damage to Premises Rented To You Limit c. "Personal and advertising injury" caused as described in SECTION III - LIMITS OF IN- by an offense which: SURANCE. COVERAGE B. PERSONAL AND ADVERTISING (1) Was committed during the "coverage INJURY LIABILITY term"; and 1. Insuring Agreement Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 7 of 22 (2) Was not, prior to the "coverage (1) The inception of this Coverage Part; term", known by you, per Paragraph or 1.d. below,to have been committed; (2) The "coverage term" in which insur- includes any continuation, change or re- ance coverage is sought. sumption of that offense after the end of the "coverage term" in which it first be d. Criminal Acts came known by you. "Personal and advertising injury" arising d. You will be deemed to know that a "per- out of a criminal act committed by or at sonal and advertising injury" offense has the direction of the insured. been committed at the earliest time when e. Contractual Liability any"authorized representative": Reports all, or anypart, of the "per- "Personal and advertising injury" for (1) Re P P which the insured is obligated to pay sonal and advertising injury" to us or damages by reason of the assumption of any other insurer; liability in a contract or agreement. This (2) Receives a written or verbal demand exclusion does not apply to liability for or claim for damages because of the damages: "personal and advertising injury"; (1) That the insured would have in the (3) First observes, or reasonably should absence of the contract or agree- have first observed, the offense that ment; or caused the "personal and advertis- (2) Assumed in a contract or agreement ing injury"; that is an "insured contract", pro- (4) Becomes aware, or reasonably vided the "personal and advertising should have become aware, by any injury" is caused by or arises out of means, other than as described in an offense committed subsequent to (3) above, that the offense had been the execution of the contract or committed or had begun to be com- agreement. When a claim for such miffed;or "personal and advertising injury" is made, we will defend that claim, pro- (5) Becomes aware, or reasonably vided the insured has assumed the should have become aware, of a obligation to defend such claim in the condition from which "personal and "insured contract". Such defense advertising injury" is substantially payments will not reduce the limits of certain to occur. insurance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising out of a breach of contract, except an im- a. Knowing Violation of Rights of Another plied contract to use another's advertising "Personal and advertising injury" caused idea in your"advertisement". by or at the direction of the insured with g. Quality or Performance of Goods - the knowledge that the act would violate Failure to Conform to Statements the rights of another and would inflict "personal and advertising injury". "Personal and advertising injury" arising out of the failure of goods, products or b. Material Published With Knowledge of services to conform with any statement of Falsity quality or performance made in your "ad- "Personal and advertising injury" arising vertisement". out of oral or written publication of mate- h. Wrong Description of Prices rial, if done by or at the direction of the in- sured with knowledge of its falsity. "Personal and advertising injury" arising out of the wrong description of the price c. Material Published Prior to Coverage of goods, products or services stated in Term your"advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 8 of 22 ent, trademark, trade secret or other in- or discrimination directed at that tellectual property rights. person; or However,this exclusion does not apply to (2) The spouse, child, parent, brother or infringement, in your "advertisement", of sister of that person as a conse- copyright,trade dress or slogan. quence of "personal and advertising Insureds in Media and Internet Type injury"to that person at whom any of j• yp the employment-related practices Businesses described in Paragraphs (a), (b) or "Personal and advertising injury" com (c) above is directed. mitted by an insured whose business is: This exclusion applies: (1) Advertising, broadcasting, publishing (1) Whether the insured may be liable or telecasting; as an employer or in any other ca- (2) Designing or determining content of pacity; and web-sites for others; or (2) To any obligation to share damages (3) An Internet search, access, content with or repay someone else who or service provider. must pay damages because of the injury. However,this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal n. Pollutant and advertising injury" under SECTION V "Personal and advertising injury" arising - DEFINITIONS, out of the actual, alleged or threatened For the purposes of this exclusion, the discharge, dispersal, seepage, migration, placing of frames, borders or links, or ad- release, escape or emission of "pollut- vertising, for you or others anywhere on ants"at any time. the Internet is not, by itself, considered o. Pollutant-Related the business of advertising, broadcasting, publishing or telecasting. Any loss, cost or expense arising out of k. Electronic Chatrooms or Bulletin any: Boards (1) Request, demand, order or statutory "Personal and advertisinginjury" arisingor regulatory requirement that any insured or others test for, monitor, out of an electronic chatroom or bulletin clean up, remove, contain, treat, board any insured hosts, owns, or over detoxify or neutralize, or in any way which any insured exercises control. respond to, or assess the effects of, I. Unauthorized Use of Another's Name "pollutants";or or Product (2) Claim or suit by or on behalf of a "Personal and advertising injury" arising governmental authority for damages out of the unauthorized use of another's because of testing for, monitoring, name or product in your e-mail address, cleaning up, removing, containing, domain name or metatag, or any other treating, detoxifying or neutralizing, similar tactics to mislead another's poten- or in any way responding to, or as- tial customers. sessing the effects of, "pollutants". m. Employment Related Practices p. Asbestos "Personal and advertising injury"to: "Personal and advertising injury" arising out of, attributable to, or any way related (1) A person arising out of any: to asbestos in any form or transmitted in any manner. (a) Refusal to employ that person; q. Additional Insured Prior Knowledge (b) Termination of that person's employment; or An additional insured added by attach- ment of an endorsement to this Coverage (c) Other employment-related prac- Part that is seeking coverage for a claim tices, policies, acts or omissions or "suit", if that additional insured knew, including but not limited to coer- per the following paragraph, that a "per- cion, criticism, demotion, sonal and advertising injury" offense had evaluation, failure to promote, been committed or had begun to be reassignment, discipline, defa- committed, in whole or in part, prior to the mation, harassment, humiliation "coverage term" in which such offense Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 9 of 22 was committed or began to be commit- "Personal and advertising injury" arising ted. directly or indirectly out of any action or omission that violates or is alleged to An additional insured added by attach- violate: ment of an endorsement to this Coverage Part will be deemed to have known that a a. The Telephone Consumer Protection "personal and advertising injury" offense Act (TCPA), including any amend- has been committed or has begun to be ment of or addition to such law;or committed at the earliest time when that additional insured, or any one of its own- b. The CAN-SPAM Act of 2003, includ ers, members, partners, managers, ex- ing any amendment of or addition to ecutive officers, "employees" assigned to such law;or manage that additional insured's insur- c. Any statute, ordinance or regulation, ance program, or "employees" assigned other than the TCPA or CAN-SPAM to give or receive notice of an "occur- Act of 2003, that prohibits or limits the rence", "personal and advertising injury" sending, transmitting, communicating offense, claim or"suit": or distribution of material or informa- (1) Reports all, or any part, of the "per- tion. sonal and advertising injury" to us or COVERAGE C. MEDICAL PAYMENTS any other insurer; (2) Receives a written or verbal demand 1. Insuring Agreement or claim for damages because of the a. We will pay medical expenses as de- "personal and advertising injury"; scribed below for "bodily injury" caused (3) First observes, or reasonably should by an accident: have first observed, the offense that (1) On premises you own or rent; caused the "personal and advertis (2) On ways next to premises you own ing injury"; or rent; or (4) Becomes aware, or reasonably should have become aware, by any (3) Because of your operations; means other than as described in (3) provided that: above, that the "personal and adver- tising injury" offense had been corn- (1) The accident takes place in the milted or had begun to be commit- "coverage territory" and during the ted; or policy period; (5) Becomes aware, or reasonably (2) The expenses are incurred and re- should have become aware, of a ported to us within three years of the condition from which "personal and date of the accident; and advertising injury" is substantially certain to occur. (3) The injured person submits to ex- amination, at our expense, by physi- r. War cians of our choice as often as we reasonably require. "Personal and advertising injury", how- ever caused, arising, directly or indirectly, b. We will make these payments regardless out of: of fault. These payments will not exceed the applicable limit of insurance. We will (1) War, including undeclared or civil pay reasonable expenses for: war; (2) Warlike action by a military force, in- (1) First aid administered at the time of an accident; cluding action in hindering or de- fending against an actual or ex- (2) Necessary medical, surgical, x-ray pected attack, by any government, and dental services, including pros- sovereign or other authority using thetic devices; and military personnel or other agents; or (3) Necessary ambulance, hospital, (3) Insurrection, rebellion, revolution, professional nursing and funeral usurped power, or action taken by services. governmental authority in hindering or defending against any of these. 2. Exclusions s. Distribution of Material in Violation of We will not pay expenses for"bodily injury": Statutes Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 10 of 22 a. Any Insured cluding actual loss of earnings up to $250 a To any insured, except "volunteer work- day because of time off from work. ers". 5. All costs taxed against the insured in the "suit". b. Hired Person 6. Prejudgment interest awarded against the To a person hired to do work for or on insured on that part of the judgment we be- behalf of any insured or a tenant of any come obligated to pay and which falls within insured. the applicable limit of insurance. If we make c. Injury on Normally Occupied Premises an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest To a person injured on that part of prem- based on that period of time after the offer. ises you own or rent that the person nor- mally occupies. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and d. Workers' Compensation and Similar before we have paid, offered to pay, or de- Laws posited in court the part of the judgment that To a person, whether or not an "em is within the applicable limit of insurance. ployee" of any insured, if benefits for the These payments will not reduce the limits of insur- "bodily injury" are payable or must be ance. provided under a workers' compensation or disability benefits law or a similar law. SECTION II-WHO IS AN INSURED e. Athletic Activities 1. If you are designated in the Declarations as: To any person injured while officiating, a. An individual, you and your spouse are coaching, practicing for, instructing or insureds, but only with respect to the participating in any physical exercises or conduct of a business of which you are games, sports, or athletic contests or ex the sole owner. hibitions of an athletic or sports nature. b. A partnership or joint venture, you are an f. Products-Completed Operations Haz- insured. Your members, your partners, and and their spouses are also insureds, but only with respect to the conduct of your Included within the "products-completed business. operations hazard". c. A limited liability company, you are an in- g. Coverage A Exclusions sured. Your members are also insureds, Excluded under COVERAGE A. BODILY but only with respect to the conduct of AND PROPERTY DAMAGE LI- your business. Your managers are in- INJURY INJURY sureds, but only with respect to their du- . ties as your managers. SUPPLEMENTARY PAYMENTS - COVERAGES d. An organization other than a partnership, A AND B joint venture or limited liability company, We will pay, with respect to any claim we investi- you are an insured. Your "executive offi- gate or settle, or any "suit" against an insured we cers" and directors are insureds, but only defend: with respect to their duties as your offi- cers or directors. Your stockholders are 1. All expenses we incur, also insureds, but only with respect to 2. Up to $250 for cost of bail bonds required their liability as stockholders. be- cause of accidents or traffic law violations e. A trust,you are an insured. Your trustees arising out of the use of any vehicle to which are also insureds, but only with respect to the Bodily Injury Liability Coverage applies, their duties as trustees. We do not have to furnish these bonds. 2. Each of the following is also an insured: 3. The cost of bonds to release attachments, but only for bond amounts within the applicable a. Your "volunteer workers" only while per limit of insurance. We do not have to furnish forming duties related to the conduct of your business, or your "employees", these bonds. other than either your "executive officers" 4. All reasonable expenses incurred by the in- (if you are an organization other than a sured at our request to assist us in the inves- partnership,joint venture or limited liability tigation or defense of the claim or "suit", in- company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 11 of 22 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- ited liability company, and over which you (a) To you, to your partners or maintain ownership or majority interest, will members (if you are a partner- 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 c. COVERAGE B. PERSONAL AND AD- worker as a consequence of 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 Declare- (a) Owned, occupied or used by; or tions and the rules below fix the most we will pay regardless of the number of: (b) Rented to, in the care, custody 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- AGE C. MEDICAL PAYMENTS; or "volunteer worker"), or any organiza- tion while acting as your real estate man- (2) Damages under COVERAGE A. ager. BODILY INJURY AND PROPERTY c. Any person or organization having proper DAMAGE LIABILITY, except dam- 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 b. A separate Location General Aggregate deemed to be a single construction Limit of Insurance, equal to the aunt of project. 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 under COVERAGE A. be- cause of "bodily injury" and "property dam- (1) Damages 9 age" included in the "products-completed op- BODILY INJURY AND PROPERTY erations hazard". DAMAGE LIABILITY, except dam- ages because of "bodily injury" or 4. Subject to 2.a. above, the Personal and Ad- "property damage" included in the vertising Injury Limit is the most we will pay "products-completed operations under COVERAGE B. PERSONAL AND AD- hazard"; and VERTISING INJURY LIABILITY for the sum of Medical expenses under COVER- all damages because of all "personal and ad- (2) p 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 a "personal and advertising injury" of- under the terms of this Coverage Part or that fense which may result in a claim. To the are in excess of the applicable limit of insur- extent possible, notice should include: ance. An agreed settlement means a settle- ment and release of liability signed by us, the (1) How, when and where the "occur- insured and the claimant or the claimant's le- rence" or offense took place; gal representative. (2) The names and addresses of any 4. Liberalization injured persons and witnesses;and If, within 60 days prior to the beginning of this (3) The nature and location of any injury Coverage Part or during the policy period, we or damage arising out of the "occur- make any changes to any forms or endorse- rence" or offense. ments of this Coverage Part for which there is b. If a claim is made or "suit" is brought that change provides more coverage han this against any insured, you must: Coverage Part, the change will automatically (1) Immediately record the specifics of apply to this Coverage Part as of the latter of: the claim or "suit" and the date re- ceived; and a. The date we implemented the change in your state; or (2) Notify us as soon as practicable. b. The date this Coverage Part became ef- You must see to it that we receive written fective;and notice of the claim or "suit" as soon as will be considered as included until the end of practicable. the current policy period. We will make no c. You and any other involved insured must: additional premium charge for this additional coverage during the interim. (1) Immediately send us copies of any demands, notices, summonses or 5. Other Insurance legal papers received in connection If other valid and collectible insurance is with the claim or"suit"; available to the insured for a loss we cover (2) Authorize us to obtain records and under COVERAGE A. BODILY INJURY AND other information; PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING (3) Cooperate with us in the investiga- INJURY LIABILITY of this Coverage Part, our tion or settlement of the claim or de- obligations are limited as follows: fense against the"suit";and a. Primary Insurance (4) Assist us, upon our request, in the enforcement of any right against any This insurance is primary except when b. person or organization which may be below applies. If this insurance is pri- liable to the insured because of in- mary, our obligations are not affected jury or damage to which this insur- unless any of the other insurance is also ance may also apply. primary. Then, we will share with all that other insurance by the method described d. No insured will, except at that insured's in c. below. own cost, voluntarily make a payment, assume any obligation, or incur any ex- b. Excess Insurance pense, other than for first aid, without our consent. This insurance is excess over: 3. Legal Action Against Us (1) Any of the other insurance, whether primary, excess, contingent or on No person or organization has a right under any other basis: this Coverage Part: (a) That is Fire, Extended Cover- a. To join us as a party or otherwise bring age, Builder's Risk, Installation us into a "suit" asking for damages from Risk or similar insurance for an insured; or "your work"; b. To sue us on this Coverage Part unless (b) That is Fire or Explosion insur- all of its terms have been fully complied ance for premises rented to you with. or temporarily occupied by you with permission of the owner; A person or organization may sue us to re- cover on an agreed settlement or on a final (c) That is insurance purchased by judgment against an insured; but we will not you to cover your liability as a be liable for damages that are not payable tenant for "property damage" to Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 14 of 22 premises rented to you or tem- shown in the Declarations of this Cover- porarily occupied by you with age Part. permission of the owner; or c. Method of Sharing (d) If the loss arises out of the maintenance or use of aircraft, If all of the other insurance permits con- "autos" or watercraft to the ex tribution by equal shares, we will follow tent not subject to SECTION 1 - this method also. Under this approach COVERAGES, COVERAGE A. each insurer contributes equal amounts BODILY INJURY AND PROP- until it has paid its applicable limit of in- ERTY DAMAGE LIABILITY, 2. surance or none of the loss remains, Exclusions, g.Aircraft,Auto or whichever comes first. Watercraft. If any of the other insurance does not (2) Any other primary insurance avail- permit contribution by equal shares, we able to the insured covering liability will contribute by limits. Under this for damages arising out of the method, each insurer's share is based on premises or operations, or the prod- the ratio of its applicable limit of insurance ucts and completed operations, for to the total applicable limits of insurance which the insured has been added of all insurers. as an additional insured by attach- 6. Premium Audit ment of an endorsement. a. We will compute all premiums for this (3) Any other insurance: Coverage Part in accordance with our (a) Whether primary, excess, con- rules and rates. tingent or on any other basis, b. Premium shown in this Coverage Part as except when such insurance is advance premium is a deposit premium written specifically to be excess only. At the close of each audit period we over this insurance; and will compute the earned premium for that (b) That is a consolidated (wrap-up) period and send notice to the first Named insurance program which has Insured. The due date for audit and ret- been provided by the prime rospective premiums is the date shown contractor/project manager or as the due date on the bill. If: owner of the consolidated prof- (1) The earned premium is less than the ect in which you are involved, deposit premium, we will return the When this insurance is excess, we will excess to the first Named Insured; or have no duty under COVERAGE A. (2) The earned premium is greater than BODILY INJURY AND PROPERTY the deposit premium, the difference DAMAGE LIABILITY or COVERAGE B. will be due and payable to us by the PERSONAL AND ADVERTISING IN- first Named Insured upon notice from JURY LIABILITY to defend the insured us. against any "suit" if any other insurer has a duty to defend the insured against that c. The first Named Insured must keep rec- "suit". If no other insurer defends, we will ords of the information we need for pre- undertake to do so, but we will be entitled mium computation, and send us copies at to the insured's rights against all those such times as we may request. other insurers. 7. Representations When this insurance is excess over other insurance, we will pay only our share of By accepting this Coverage Part,you agree: the amount of the loss, if any, that ex- a. The statements in the Declarations are ceeds the sum of: accurate and complete; (1) The total amount that all such other b. Those statements are based upon repre- insurance would pay for the loss in sentations you made to us; and the absence of this insurance; and (2) The total of all deductible and self c. We have issued this Coverage Part in re- insured amounts under all that other liance upon your representations. insurance. 8. Separation of Insureds We will share the remaining loss, if any, Except with respect to the Limits of Insurance, with any other insurance that is not de- and any rights or duties specifically assigned scribed in this Excess Insurance provi- in this Coverage Part to the first Named In- sion and was not bought specifically to sured, this insurance applies: apply in excess of the Limits of Insurance Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 15 of 22 a. As if each Named Insured were the only (1) An individual, you and your spouse Named Insured; and are "authorized representatives". b. Separately to each insured against whom (2) A partnership or joint venture, your claim is made or"suit"is brought. members, your partners, and their of RecoveryAgainst spouses are "authorized representa- 9. Transfer of Rights g tives". Others to Us (3) A limited liability company, your If the insured has rights to recover all or part members and your managers are of any payment we have made under this "authorized representatives". Coverage Part, those rights are transferred to us. The insured must do nothing after loss to (4) An organization other than a part- impair them. At our request, the insured will nership, joint venture or limited liabil- bring "suit" or transfer those rights to us and ity company, your "executive offi- help us enforce them. cers" and directors are "authorized 10. Two or More Coverage n a Forms or Policies not a publicly traded organizatioon, Issued by Us your stockholders are also "author- If this Coverage Part and any other Coverage ized representatives". Form, Coverage Part or policy issued to you (5) A trust, your trustees are "authorized by us or any company affiliated with us apply representatives". to the same "occurrence" or "personal and advertising injury" offense, the aggregate b. Your"employees": maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall (1) Assigned to manage your insurance not exceed the highest applicable limit of in- program; or surance under any one Coverage Form, Cov- (2) Responsible for giving or receiving erage Part or policy. This condition does not notice of an "occurrence", "personal apply to any Coverage Form, Coverage Part and advertising injury" offense, claim or policy issued by us or an affiliated company or"suit"; specifically to apply as excess insurance over this Coverage Part. are also"authorized representatives". 11. When We Do Not Renew 3. "Auto"means: If we decide not to renew this Coverage Part, a. A land motor vehicle, trailer or semitrailer we will mail or deliver to the first Named In- designed for travel on public roads, in- sured shown in the Declarations written notice cluding any attached machinery or of the non renewal not less than 30 days be- equipment; or fore the expiration date. b. Any other land vehicle that is subject to a If notice is mailed, proof of mailing will be suf- compulsory or financial responsibility law ficient proof of notice. or other motor vehicle insurance law in SECTION V- DEFINITIONS the state where it is licensed or principally garaged. 1. "Advertisement" means a notice that is broad- However, "auto" does not include "mobile cast, telecast or published to the general pub- equipment". lic or specific market segments about your goods, products or services for the purpose of 4. "Bodily injury"means bodily injury,sickness or attracting customers or supporters. "Adver- disease sustained by a person, including tisement" includes a publicity article. For pur- death resulting from any of these at any time. poses of this definition: 5. "Coverage term" means the following individ- a. Notices that are published include mate- ual increment, or if a multi-year policy period, rial placed on the Internet or on similar increments, of time,which comprise the policy electronic means of communication; and period of this Coverage Part: b. Regarding web-sites, only that part of a a. The year commencing on the Effective web-site that is about your goods, prod- Date of this Coverage Part at 12:01 AM ucts or services for the purposes of at- standard time at your mailing address tracting customers or supporters is con- shown in the Declarations, and if a multi- sidered an "advertisement". year policy period, each consecutive t. "Authorized representative"means: an- nual period thereafter, or portion thereof if any period is for a period of less than 12 a. If you are designated in the Declarations months, constitute individual "coverage as: terms". The last "coverage term" ends at Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 16 of 22 12:00 AM standard time at your mailing 10. "Hostile fire" means one which becomes un- address shown in the Declarations on the controllable or breaks out from where it was earlier of: intended to be. (1) The day the policy period shown in 11. "Impaired property" means tangible property, the Declarations ends; or other than "your product" or "your work", that (2) The day the policy to which this cannot be used or is less useful because: Cov- erage Part is attached is terminated a. It incorporates "your product" or "your or cancelled. work" that is known or thought to be de- fective, deficient, inadequate or danger- b. However, if after the issuance of this ous; or Coverage Part, any "coverage term" is extended for an additional period of less b. You have failed to fulfill the terms of a than 12 months, that additional period of contract or agreement; time will be deemed to be part of the last if such property can be restored to use by: preceding "coverage term", 6. "Coverage territory"means: a. The repair, replacement, adjustment or removal of "your product" or "your work"; a. The United States of America (including or its territories and possessions), Puerto Rico and Canada; b. Your fulfilling the terms of the contract or agreement. b. International waters or airspace, but only if the injury or damage occurs in the 12. "Insured contract" means: course of travel or transportation between a. A contract for a lease of premises. How- any places included in a.above; or ever, that portion of the contract for a c. All other parts of the world if the injury or lease of premises that indemnifies any damage arises out of: person or organization for "property damage" by fire or explosion to premises (1) Goods or products made or sold by while rented to you or temporarily occu- you in the territory described in a. pied by you with permission of the owner above; is not an "insured contract"; (2) The activities of a person whose b. A sidetrack agreement; home is in the territory described in a. above, but is away for a short time c. Any easement or license agreement, ex- on your business; or cept in connection with construction or demolition operations on or within 50 feet (3) "Personal and advertising injury" of- of a railroad; fenses that take place through the Internet or similar electronic means d. An obligation, as required by ordinance, of communication, to indemnify a municipality, except in connection with work for a municipality; provided the insured's responsibility to pay damages is determined in a "suit" on e. An elevator maintenance agreement; the merits, in the territory described in a. f. That part of any other contract or agree- above or in a settlement to which we ment pertaining to your business (includ- agree. ing an indemnification of a municipality in 7. "Electronic data" means information, facts or connection with work performed for a programs stored as or on, created or used on, municipality) under which you assume or transmitted to or from computer software, the tort liability of another party to pay for including systems and applications software, "bodily injury", "property damage" or hard or floppy disks, CD-ROMs, tapes, drives, "personal and advertising injury"to a third cells, data processing devices or any other person or organization. Tort liability media which are used with electronically con- means a liability that would be imposed trolled equipment. by law in the absence of any contract or agreement. 8. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary Paragraph f. does not include that part of worker". any contract or agreement: 9. "Executive officer" means a person holding (1) That indemnifies a railroad for"bodily any of the officer positions created by your injury", "property damage" or "per- charter, constitution, by-laws or any other sonal and advertising injury" arising similar governing document. out of construction or demolition op- erations, within 50 feet of any rail- Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 17 of 22 road property and affecting any rail- engines; marketing analysis; and road bridge or trestle, tracks, road- providing access to the Internet or beds, tunnel, underpass or crossing; other similar networks; or (2) That indemnifies an architect, engi- (7) Under which the insured, if a web- neer or surveyor for injury or damage site designer or content provider, or arising out of: Internet search, access, content or service provider, assumes liability for (a) Preparing, approving, or failing injury or damage arising out of the to prepare or approve, maps, insured's rendering or failure to ren- shop drawings, opinions, re- der Internet services, including those ports, surveys, field orders, listed in Paragraph (6), above. change orders or drawings and specifications;or 13. "Leased worker" means a person leased to you by a labor leasing firm under an agree- (b) Giving directions or instructions, ment between you and the labor leasing firm, or failing to give them, if that is to perform duties related to the conduct of the primary cause of the injury your business. "Leased worker" includes su- or damage; pervisors furnished to you by the labor leasing (3) Under which the insured, if an archi firm. "Leased worker" does not include a tect, engineer or surveyor, assumes "temporary worker". liability for an injury or damage aris- 14. "Loading or unloading" means the handling of ing out of the insured's rendering or property: failure to render professional serv- ices, including those listed in Para- a. After it is moved from the place where it is graph (2) above and supervisory, in- accepted for movement into or onto an spection, architectural or engineering aircraft,watercraft or"auto"; activities; b. While it is in or on an aircraft, watercraft (4) That indemnifies an advertising, pub- or"auto"; or lic relations or media consulting firm for "personal and advertising injury" c. While it is being moved from an aircraft, arising out of the planning, execution watercraft or "auto" to the place where it or failure to execute marketing com- is finally delivered; munications programs. Marketing but "loading or unloading" does not include communications programs include the movement of property by means of a me- but are not limited to comprehensive chanical device, other than a hand truck, that marketing campaigns; consumer, is not attached to the aircraft, watercraft or trade and corporate advertising for "auto". all media; media planning, buying, monitoring and analysis; direct mail; 15. "Mobile equipment" means any of the follow- promotion; sales materials; design; ing types of land vehicles, including any at- presentations; point-of-sale materi- tached machinery or equipment: als; market research; public relations and new product development; a. Bulldozers, farm machinery, forklifts and other vehicles designed for use princi- (5) Under which the insured, if an adver- pally off public roads; tising, public relations or media con- sulting firm, assumes liability for b. Vehicles maintained for use solely on or "personal and advertising injury" next to premises you own or rent; arising out of the insured's rendering c. Vehicles that travel on crawler treads; or failure to render professional services, including those services d. Vehicles, whether self-propelled or not, listed in Paragraph (4), above; maintained primarily to provide mobility to (6) That indemnifies a web-site designer permanently mounted: or content provider, or Internet (1) Power cranes, shovels, loaders, dig- search, access, content or service gers or drills;or provider for injury or damage arising out of the planning, execution or fail- (2) Road construction or resurfacing ure to execute Internet services. equipment such as graders, scrap- Internet services include but are not ers or rollers; limited to design, production, distri- e. Vehicles not described in a., b., c. or d. bution, maintenance and administra- above that are not self-propelled and are tion of web-sites and web-banners; maintained primarily to provide mobility to hosting web-sites; registering do- main names; registering with search Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 18 of 22 permanently attached equipment of the d. Oral or written publication, in any manner, following types: of•material that slanders or libels a per- son or organization or disparages a per- (1) Air compressors, pumps and gen- son's or organization's goods, products or erators, including spraying, welding, services; building cleaning, geophysical explo- ration, lighting and well servicing e. Oral or written publication, in any manner, equipment; or of material that violates a person's right of (2) Cherry pickers and similar devices privacy; used to raise or lower workers; f. The use of another's advertising idea in f. Vehicles not described in a., b., c. or d. your"advertisement"; or above maintained primarily for purposes g. Infringing upon another's copyright, trade other than the transportation of persons dress or slogan in your"advertisement". or cargo. 18. "Pollutant"means any solid, liquid, gaseous or However, self-propelled vehicles with the thermal irritant or contaminant, including following types of permanently attached smoke, vapor, soot, fumes, acids, alkalis, equipment are not "mobile equipment" chemicals, petroleum, petroleum products but will be considered "autos": and petroleum by-products, and waste. Waste includes materials to be recycled, re- (1) Equipment designed primarily for: conditioned or reclaimed. "Pollutants" include (a) Snow removal; but are not limited to substances which are generally recognized in industry or govern- (b) Road maintenance, but not con- ment to be harmful or toxic to persons, prop- struction or resurfacing;or erty or the environment regardless of whether the injury or damage is caused directly or indi- (c) Street cleaning; rectly by the"pollutants"and whether: (2) Cherry pickers and similar devices a. The insured is regularly or otherwise en- mounted on automobile or truck gaged in activities which taint or degrade chassis and used to raise or lower the environment; or workers; and b. The insured uses, generates or produces (3) Air compressors, pumps and gen- the "pollutant". erators, including spraying, welding, building cleaning, geophysical explo- 19. "Products-completed operations hazard": ration, lighting and well servicing equipment. a. Includes all "bodily injury" and "property damage" occurring away from premises However, "mobile equipment" does not in- you own or rent and arising out of "your clude any land vehicles that are subject to a product"or"your work"except: compulsory or financial responsibility law or (1) Products that are still in your physical other motor vehicle insurance law in the state where it is licensed or principally garaged. possession; or Land vehicles subject to a compulsory or fi- (2) Work that has not yet been corn- nancial responsibility law or other motor vehi- pleted or abandoned. However, cle insurance law are considered "autos". "your work" will be deemed com- 16. "Occurrence" means an accident, including pleted at the earliest of the following continuous or repeated exposure to substan- times: tially the same general harmful conditions. (a) When all of the work called for in 17. "Personal and advertising injury" means in- your contract has been corn jury, including consequential "bodily injury", pleted; or arising out of one or more of the following of- (b) When all of the work to be done fenses: at the job site has been com- a. False arrest,detention or imprisonment; pleted if your contract calls for work at more than one job site; b. Malicious prosecution; or c. The wrongful eviction from,wrongful entry (c) When that part of the work done into, or invasion of the right of private oc- at a job site has been put to its cupancy of a room, dwelling or premises intended use by any person or that a person occupies, committed by or organization other than another on behalf of its owner, landlord or lessor; contractor or subcontractor working on the same project. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 19 of 22 Work that may need service, main- her work and acts at the direction of and tenance, correction, repair or re- within the scope of duties determined by you, placement, but which is otherwise and is not paid a fee, salary or other compen- complete, will be treated as com- sation by you or anyone else for their work pleted. performed for you. b. Does not include "bodily injury" or "prop- 24. "Workplace" means that place and during erty damage" arising out of: such hours to which the "employee" sustain- ing "bodily injury" was assigned by you, or (1) The transportation of property, un- any other person or entity acting on your be- less the injury or damage arises out half,to work on the date of"occurrence". of a condition in or on a vehicle not owned or operated by you, and that 25. "Your product": condition was created by the "load- ing or unloading" of that vehicle by a. Means: any insured; (1) Any goods or products, other than (2) The existence of tools, uninstalled real property, manufactured, sold, equipment or abandoned or unused handled, distributed or disposed of materials;or by: (3) Products or operations for which the (a) You; classification, listed in the Declara- (b) Others trading under your name; tions or in a schedule, states that or products-completed operations are included. (c) A person or organization whose 20. "Property damage" means: business or assets you have p g acquired; and a. Physical injury to tangible property, in- (2) Containers (other than vehicles), cluding all resulting loss of use of that materials, parts or equipment fur- property. All such loss of use shall be nished in connection with such deemed to occur at the time of the physi- goods or products. cal injury that caused it;or b. Loss of use of tangible property that is b. Includes: not physically injured. All such loss of (1) Warranties or representations made use shall be deemed to occur at the time at any time with respect to the fit- of the"occurrence"that caused it. ness, quality, durability, performance For the purposes of this insurance, "electronic or use of"your product"; and data" is not tangible property. (2) The providing of or failure to provide warnings or instructions. 21. "Suit" means a civil proceeding in which money damages because of "bodily injury", c. Does not include vending machines or "property damage" or "personal and advertis- other property rented to or located for the ing injury" to which this insurance applies are use of others but not sold. alleged. "Suit"includes: 26. "Your work": a. An arbitration proceeding in which such damages are claimed and to which the a. Means: insured must submit or does submit with (1) Work or operations performed by our consent; you or on your behalf; and b. Any other alternative dispute resolution (2) Materials, parts or equipment fur- proceeding in which such damages are nished in connection with such work claimed and to which the insured submits or operations. with our consent; or c. An appeal of a civil proceeding. b. Includes: 22. "Temporary worker" means a person who is (1) Warranties or representations made fit- furnished to you to substitute for a permanent ness,any time with respect to mthe ce "employee" on leave or to meet seasonal or r use of y, durability, performance short-term workload conditions. or of"your work"; and 23. "Volunteer worker" means a person who is (2) The providing of or failure to provide warnings or instructions. not your "employee", and who donates his or Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: an insured of services, materials, A. Under anyLiabilityCoverage, to "bodilyparts or equipment in connection 9 with the planning, construction, injury"or"property damage": maintenance, operation or use of (1) With respect to which an insured un- any "nuclear facility", but if such fa der this Coverage Part is also an in cility is located within the United sured under a nuclear energy liability States of America, its territories or policy issued by Nuclear Energy Li- possessions or Canada, this Exclu- ability Insurance Association, Mutual sion (3) applies only to "property Atomic Energy Liability Underwriters, damage" to such "nuclear facility" Nuclear Insurance Association of and any property thereat. Canada, or any of their successors, 2. As used in this exclusion: or would be an insured under any such policy but for its termination "Hazardous properties" includes radioactive, upon exhaustion of its limit of liability; toxic or explosive properties. or "Nuclear material" means "source material", (2) Resulting from the "hazardous prop- "special nuclear material" or "by-product ma- erties" of "nuclear material" and with terial". respect to which (a) any person or organization is required to maintain "Source material", "special nuclear material", financial protection pursuant to the and "by-product material" have the meanings Atomic Energy Act of 1954, or any given them in the Atomic Energy Act of 1954 law amendatory thereof, or (b) the or in any law amendatory thereof. insured is, or had this Coverage Part "Spent fuel" means any fuel element or fuel not been issued would be, entitled to component, solid or liquid, which has been indemnity from the United States of used or exposed to radiation in a "nuclear re- America, or any agency thereof, un- actor". der any agreement entered into by the United States of America, or any "Waste" means any waste material (a) con- agency thereof, with any person or taining "by-product material" other than the organization. tailings or wastes produced by the extraction B. Under anyMedical Payments coverage, or concentration of uranium or thorium from Y 9 any ore processed primarily for its "source to expenses incurred with respect to material" content, and (b) resulting from the "bodily injury" resulting from the "hazard- operation by any person or organization of ous properties" of "nuclear material" and any "nuclear facility" included under the first arising out of the operation of a "nuclear two paragraphs of the definition of "nuclear facility"by any person or organization. facility". C. Under any Liability Coverage, to "bodily "Nuclear facility"means: injury" or "property damage" resulting from the "hazardous properties" of "nu- A. Any"nuclear reactor"; clear material",if: B. Any equipment or device designed or (1) The "nuclear material" (a) is at any used for (1) separating the isotopes of "nuclear facility" owned by, or oper- uranium or plutonium, (2) processing or ated by or on behalf of, an insured, utilizing "spent fuel", or (3) handling, or (b) has been discharged or dis- processing or packaging "waste"; persed therefrom; C. Any equipment or device used for the (2) The"nuclear material"is contained in processing, fabricating or alloying of "spent fuel" or "waste" at any time "special nuclear material" if at any time possessed, handled, used, proc- the total amount of such material in the essed, stored, transported or dis- custody of the insured at the premises posed of, by or on behalf of an in- where such equipment or device is lo- sured; or cated consists of or contains more than 25 grams of plutonium or uranium 233 or (3) The "bodily injury" or "property dam- any combination thereof, or more than age" arises out of the furnishing by 250 grams of uranium 235; Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- "Nuclear reactor" means any apparatus de- ises or place prepared or used for the signed or used to sustain nuclear fission in a storage or disposal of"waste"; self-supporting chain reaction or to contain a and includes the site on which any of the critical mass of fissionable material. foregoing is located, all operations conducted "Property damage" includes all forms of ra- on such site and all premises used for such dioactive contamination of property. operations. Includes copyrighted material of Insurance GA 101 12 04 Services Office, Inc.,with its permission. Page 22 of 22 Kendall May Subject: FW: Carpet Quote From: Danylle Clutter<DanylleC@ibexflooring.com> Sent: Friday, February 17, 2023 8:55 AM To:John Bottelli<jbottelli@spokanevalley.org>;Justin Popple<Justin@ibexflooring.com>; Nicole Ulmer <nulmer@spokanevalley.org> Cc: Kendall May<kmay@spokanevalley.org> Subject: RE: Carpet Quote [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. Yes,we would prefer retainage over a P&P Bond.Thank you! Danylle Clutter Purchasing Coordinator ibex Commercial Flooring PO Box 7538 Spokane,WA 99207 2925 N. Martin,Spokane,WA 99207 P: (509) 327-3331 F: (509) 327-4033 From:John Bottelli<ibottelli@spokanevalley.org> Sent: Friday, February 17, 2023 8:50 AM To:Justin Popple<Justin@ibexflooring.com>; Nicole Ulmer<nulmer@spokanevalley.org> Cc: Kendall May<kmay@spokanevalley.org>; Danylle Clutter<DanylleC@ibexflooring.com> Subject: RE: Carpet Quote Quick follow-up. Can you confirm that your preference will for and additional 10% retainage to be withheld in lieu of a Performance and Payment Bond? We have legal finishing up the review of the draft contract now! Thanks, JB John Bottelli I Parks& Recreation Director 2426 N Discovery Place I Spokane Valley,WA 99216 (509)720-5400 I jbottelli@spokanevalley.org 1 • ..•Malley• This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From:John Bottelli Sent: Friday, February 17, 2023 8:23 AM To:Justin Popple<Justin@ibexflooring.com>; Nicole Ulmer<nulmer@spokanevalley.org> Cc: Kendall May<kmay@spokanevalley.org>; Danylle Clutter<DanylleC@ibexflooring.com> Subject: RE: Carpet Quote Great,thanks for the update. John Bottelli I Parks& Recreation Director 2426 N Discovery Place I Spokane Valley,WA 99216 (509) 720-5400 I ibottelli@sookanevallev.org . •Valley. This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From:Justin Popple<Justin@ibexflooring.com> Sent: Friday, February 17, 2023 8:21 AM To:John Bottelli<ibottelli@spokanevalley.org>; Nicole Ulmer<nulmer@spokanevalley.org> Cc: Kendall May<kmay@spokanevalley.org>; Danylle Clutter<DanylleC@ibexflooring.com> Subject: RE: Carpet Quote [EXTERNAL]This email originated outside the City of Spokane Valley.Always use caution when opening attachments or clicking links. John- Kendall reached out late yesterday afternoon after I was gone for the day. I forwarded the request this morning to Danylle in our office, hoping she can get you a COI this morning. Thanks. Justin Popple Project Manager ibex Commercial Flooring 2925 N. Martin,Spokane, WA 99207 0: (509)327-3331 C: (509)499-9582 2