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23-041.00 Badger Daylighting Corp: Storm Drain Cleaning Svcs Contract No.23-041 AGREEMENT Badger Daylighting Corp 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 Badger Daylighting Corp, ("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 Storm Drain Cleaning Services (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 performing 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 [or execution of this Agreement] and shall complete the Work within the times specified in the Contract Documents,as may be extended in accordance with this Agreement and the Contract Documents. The contract shall commence on the date the contract is executed and continue through the end of the 2023 calendar year. As it deems,the City reserves the right to exercise or not,optional subsequent contract years for up (3)three additional one-year contract terms from 2024 up to and including 2026. It is anticipated that the option years shall start in January of each year and end on December 31 each year. 3.Liquidated Damages. None 4. Compensation. City agrees to pay Contactor on a time and material basis up to a maximum amount of $_232,670.50 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Contractor shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application Construction Agreement Page 1 of 9 for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,state standards,or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Badger Daylighting Corp Phone:(509)720-5000 Phone:(509)666-2191 Address: 10210 East Sprague Avenue Address:4910 North County Road, Spokane Valley, WA 99206 900 East Brownsburg Indiana 46112 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal,state, and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 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. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Construction Agreement Page 2 of 9 • Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://secure.lni.wa.gov/wagelookup/ B. This Project is located in Spokane County. C.The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans,specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. Construction Agreement Page 3 of 9 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 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 Construction Agreement Page 4 of 9 notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance, its scope of coverage,and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit D. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may,after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages, losses or Construction Agreement Page 5 of 9 suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may,from time-to-time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 24.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 25.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, Construction Agreement Page 6 of 9 accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 26. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 27. Assurance of Compliance with Applicable Federa 1 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 Construction Agreement Page 7 of 9 noncompliance. Provided,that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 el 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; Construction Agreement Page 8 of 9 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 28. Severnbility. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements D.Performance and Payment Bond The Parties have executed this Agreement this I ) " day ofO ,202_3. CITY SPOKANE VALLEY: Contractor: Ljak 1 A Al 6i0 John H hman,City Manager By: WWI CIS St peiru YV Its: Authorized Representative APPROVED AS TO FORM: % tyAUoi1eT Construction Agreement Page 9 of 9 Exhibit A: Scope of Work Storm Drain Cleaning Services SVPW Contract#23-041 The following are herein incorporated by reference and are part of this contract to be executed as the scope of work: 1. "Specifications for Storm Drain Cleaning Services" as attached and described in the Request for Proposal packet. 2. Also incorporated into the Contract Documents by reference are: a. Manual on Uniform Traffic Control Devices for Streets and Highways, currently adopted edition,with Washington State modifications, if any General Description of Work: General work includes the regular and as-needed cleaning of culverts, pipes,vaults,drywells,catch basins, inlets, and other stormwater facilities. The Contractor will be required to supply an Eductor- equipped truck continuously and full-time during non-freezing weather for approximately six months and supply the associated traffic control for arterial streets as required. Collected debris will be transported and disposed of by the Contractor at the Spokane Valley Regional Decant Facility, 12116 E. Montgomery Ave. City approved loads collected with absorbents will be held for a short residence time until the load can be transferred by the Contractor to proper disposal locations as directed by the City. 0 O t9 0 a . V ) c, j V, '�+ 0001000 0 O 0 0 0 O o o CO ti N N iio a U in c-i en CO O Cp V) VJ CZ ro x x x x x x x CO O O O O O o o GQ o 0 1n o c o .,C",) Q ..7. 0 m ui of CD o ai o .-i CO o) in 0 a M� 0. Ni VI VI. 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CO N N °n °a 10 to 0 w ro 0 a u 'c Y O O c N J cj cO .3 n W .� cJ O� m U a v t c .O oa x Co V CI o .D O U N u m a u u m CO CO cc j. o o to o.h .-i 00 en -1 m cl N C in -1 H h to N c to n J o V N 94 C (D oc)O O <0 W O 2 x x x C fD V 2 C, m 0 noLn N G S N .n !6 0 L 0 O t U m C E N O Zro 4'o a o IN r maa m C a .� � .a 2 -0 CO t CO v m 3 mti ro Q N 'c x a: 'o YO O CO CO o t % c o 49 o -a 1O .T = -a I t o a c f— '° Z c V > a o C > r m Q a o O m , U N F� Q •P u — ` GO a Y .c C u u v > o_ c m c a o o A I.0 E c_ u n, 0 C) n .o a, 00 c O0 No V) u o Cn -, F- Q < n 1- u° .c u Cu U w z m M Aco® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) �../ 6/1/2023 4/17/2023 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 LOCKTON COMPANIES CONTACT NAME: 500 West Monroe,Suite 3400 PHONE FAX CHICAGO IL 60661 (A/C, A E-MAIL Extl: (A/C,No): (312)669-6900 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Liberty Mutual Insurance Company 23043 INSURED Badger Daylighting Corp INSURER B:LM Insurance Corporation 33600 1505571 4910 N CR 900 E INSURER C:Liberty Mutual Fire Insurance Company 23035 Brownsburg,IN 46112 INSURER D:Starr Insurance&Reinsurance Limited INSURER E:Ironshore Specialty Insurance Co 25445 INSURER F:Liberty Insurance Corporation 42404 COVERAGES CERTIFICATE NUMBER: 19507036 REVISION NUMBER: XXXXXXX 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 EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS B X COMMERCIAL GENERAL LIABILITY Y Y TB5-641-445966-022 6/1/2022 6/1/2023 EACH OCCURRENCE $ 2,000,000 ✓DAMAGE TO RETED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY X jE g LOC PRODUCTS-COMP/OP AGG $ 4,000,000 OTHER: $ C AUTOMOBILE LIABILITY y y AS2-641-445966-012 6/1/2022 6/1/2023 (EoaBcodEe tSINGLE LIMIT $ 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED XXXXXXX _ AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX $ XXXXXXX A x UMBRELLA LIAB X OCCUR Y Y 1000212108-07 6/1/2022 6/1/2023 EACH OCCURRENCE $ 8,000,000 D EXCESS LIAB CLAIMS-MADE 1000176088212 6/1/2022 6/1/2023 AGGREGATE $ 8,000,000 DED X RETENTION$ 10,000 $ XXX�'J(X WORKERS COMPENSATION PER OTH- B AND EMPLOYERS'LIABILITY Y/N Y WA5-64D-445966-032(AOS) 6/1/2022 6/1/2023 X STATUTE ER F ANY PROPRIETOR/PARTNER/EXECUTIVE WC5-641-445966-052(WI) 6/1/2022 6/1/2023 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A WA7-64D-445966-042(MA) 6/1/2022 6/1/2023 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 E Pollution Legal Liability Y Y ISPILLSCAK92002 6/1/2022 6/1/2023 $10,000,000 Each Incident/ Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Umbrella and Excess policies are placed by BFL Canada Risk and Insurance Services Inc.,policies provide worldwide coverage territory and jurisdiction unless otherwise excluded.SEE PAGE 2 CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 19507036 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley Washington ACCORDANCE WITH THE POLICY PROVISIONS. 10210E Sprague Avenue _ ,f Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE '' f ri / ) ' i ©1988-2615 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS(Use only if more space is required) City of Spokane Valley Washington are included as additional insured(s)on a Primary and Non-contributory basis if required by written contract with respect to General Liability,Auto Liability,and Pollution Liability per the terms and conditions of the policy.A waiver of subrogation applies in favor of the additional insured if required by written contract with respect to General Liability,Auto Liability,Pollution Liability,and Workers Compensation per the terms and conditions of the policy where permitted by state law.Umbrella liability coverage follows form over the underlying General Liability if required by written contract per the terms and conditions of the policy.A 30-day notice of cancellation is included if required by written contract with respect to General Liability per the terms and conditions of the policy. CORD 25(2016/03) Certificate Holder ID: 19507036 Attachment Code:D605062 Master ID: 1505571,Certificate ID: 19507036 POLICY NUMBER: TB5-641-445966-022 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations "As required by written contract or written agreement" "As required by written contract or written agreement" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to 2. If coverage provided to the additional insured is include as an additional insured the person(s) or required by a contract or agreement, the organization(s) shown in the Schedule, but only insurance afforded to such additional insured will with respect to liability for "bodily injury" or not be broader than that which you are required "property damage" caused, in whole or in part, by by the contract or agreement to provide for such "your work" at the location designated and additional insured. described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2 Attachment Code:D605062 Master ID: 1505571,Certificate ID: 19507036 B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 37 04 13 � Attachment Code:D605063 Master ID: 1505571,Certificate ID: 19507036 POLICY NUMBER: TB5-641-445966-022 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II - Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only work, on the project (other than service, with respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, in whole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your 2. That portion of "your work" out of which the behalf; injury or damage arises has been put to its intended use by any person or organization in the performance of your ongoing operations for other than another contractor or subcontractor the additional insured(s) at the location(s) engaged in performing operations for a designated above. principal as a part of the same project. However: C. With respect to the insurance afforded to these 1. The insurance afforded to such additional additional insureds, the following is added to insured only applies to the extent permitted by Section III - Limits Of Insurance: law; and If coverage provided to the additional insured is 2. If coverage provided to the additional insured required by a contract or agreement, the most we is required by a contract or agreement, the will pay on behalf of the additional insured is the insurance afforded to such additional insured amount of insurance: will not be broader than that which you are 1. Required by the contract or agreement; or required by the contract or agreement to provide for such additional insured. 2. Available under the applicable Limits of Insurance shown in the Declarations; B. With respect to the insurance afforded to these additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the applicable This insurance does not apply to "bodily injury" or Limits of Insurance shown in the Declarations. "property damage" occurring after: CG 20 10 04 13 ©ISO Properties, Inc., 2012 Page 1 of 2 Attachment Code:D605063 Master ID: 1505571,Certificate ID: 19507036 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As required by written contract or written agreement As required by written contract or written agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 2 of 2 Attachment Code:D605057 Master ID: 1505571,Certificate ID: 19507036 POLICY NUMBER: TB5-641-445966-022 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): All entities where required by contract with the Insured Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery against the person(s) or organization(s)shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s)or organization(s) prior to loss. This endorsement applies only to the person(s)or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment Code:D605058 Master ID: 1505571,Certificate ID: 19507036 COMMERCIAL GENERAL LIABILITY CG20011219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment Code:D605046 Master ID: 1505571,Certificate ID: 19507036 N• it Liberty Mutual. INSURANCE Endorsement No. 34 WAIVER OF TRANSFER OF RIGHTS • Effective Date: June 01,2022 Policy Number: 1000212108-07 Issued to: Badger Infrastructure Solutions Ltd. Issued by: Liberty Mutual Insurance Company Broker: Lockton Companies _ 1. Notwithstanding Item M. Transfer of Rights of Recovery Against Others to Us of INSURING AGREEMENT VI. CONDITIONS, we waive any right of recovery that we may have against any indetnunitee of the "Insured" under the terms of an "insured contract" for payments we make for injury or damage arising out of the "Insured's" operations or "your work". 2. This Endorsement applies to the following additional insureds, as required by contract executed prior to a loss. Name: All entities where required by contract with the Insured and to whom a certificate of Insurance has been issued Location: ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Authorized Representative of Date Liberty Mutual Insurance Company 1 III CA ALL 622 04 13 Commercial Umbrella Liability Policy Liberty Mutual Insurance Company Attachment Code:D605051 Master ID: 1505571,Certificate ID: 19507036 , Liberty Mutual. INSURANCE Endorsement No. 1 ADDITIONAL INSURED(S) Effective Date: June 01,2022 Policy Number: 1000212108-07 Issued to: Badger Infrastructure Solutions Ltd. Issued by: Liberty Mutual Insurance Company Broker: Lockton Companies _ Coverage under this Policy applies to the following additional Insured(s), but only with respect to the operations of the Named Insured and only to the extent that coverage is provided by a policy listed in the Schedule of Underlying Insurance and for no broader coverage than is provided by such policy or policies. All entities where required by contract with the Insureand to whom a certificate of insurance has been issued. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Authorized Representative of Date Liberty Mutual Insurance Company 1 III CA ALL 005 04 13 Commercial Umbrella Liability Policy Liberty Mutual Insurance Company Attachment Code:D605053 Master ID: 1505571,Certificate ID: 19507036 ,J Liberty Mutual. INSURANCE Endorsement No. 25 OTHER INSURANCE - ADDITIONAL INSURED Effective Date: June 01, 2022 Policy Number: 1000212108-07 Issued to: Badger Infrastructure Solutions Ltd. Issued by: Liberty Mutual Insurance Company Broker: Lockton Companies — The following is added to SECTION V- DEFINITIONS: "Other Insurance"does not include insurance issued to or on behalf of an additional insured on this policy if you have agreed in writing that your umbrella or excess liability Insurance will respond before any liability insurance policy issued to or on behalf of that additional insured, and we will not seek contribution from that insurance. ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. Authorized Representative of Date Liberty Mutual Insurance Company CA ALL 622 04 13 Commercial Umbrella Liability Policy Liberty Mutual Insurance Company Attachment Code:D605047 Master ID: 1505571,Certificate ID: 19507036 ,"- IRONSHORE, A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement#8 Policy Number: ISPILLSCAK92002 Effective Date of Endorsement: June 01,2022 Insured Name: Badger Daylighting Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: SITE POLLUTION INCIDENT LEGAL LIABILITY SELECT(SPILLS)-ALL It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: The following is added to the paragraph entitled SUBROGATION set forth in Section VII. CONDITIONS: Notwithstanding anything to the contrary in this Paragraph,the Company hereby expressly waives any rights of subrogation against the following: To the extent required by written contract, provided that such contract was entered into prior to the discovery of the Pollution Incident giving rise to Loss, Business Interruption Expenses or Extra Expenses, each of the following: To all entities required by written contract ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative Date IE.END.SPILLS.ALL.039(11/20) Page 1 of 1 Attachment Code:D605050 Master ID: 1505571,Certificate ID: 19507036 7 IRONSHORE„, A Liberty Mutual Company IRONSHORE SPECIALTY INSURANCE COMPANY 175 Berkeley Street Boston, MA 02116 Toll Free: (877) IRON411 Endorsement# 13 Policy Number: ISPILLSCAK92002 Effective Date of Endorsement: June 01, 2022 Insured Name: Badger Daylighting Corp. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: SITE POLLUTION INCIDENT LEGAL LIABILITY SELECT(SPILLS)-ALL It is hereby agreed that the policy to which this Endorsement is attached is amended as follows: 1. To the extent required by a written contract that was entered into prior to the discovery of the Pollution Incident giving rise to Loss, Business Interruption Expenses or Extra Expenses, the entity(s) scheduled below is (are) included as additional insured(s). Coverage for such additional insured(s)applies under this Endorsement: 1. Solely to the additional insured's liability arising out of the Named Insured's ownership, operation, maintenance or use of the Covered Property(ies); Your Work; and 2. Only if the additional insured is named in a suit as a co-defendant with the Named Insured, alleging the additional insured is liable on the basis described in paragraph 1. above. 2. The following is added to the definition of Insured set forth in Section IX. DEFINITIONS: Insured shall also include additional insured(s). Schedule of Additional Insured(s) All entities required to be added by contract ALL OTHER TERMS,CONDITIONS AND EXCLUSIONS OF THIS POLICY REMAIN UNCHANGED. Authorized Representative Date IE.END.SPILLS.ALL.001 (05/21) Page 1 of 1 Attachment Code:D605059 Master ID: 1505571,Certificate ID: 19507036 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in KY, NH and NJ. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri, this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others (subrogation) rule in our manual. The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S. 79.36. Where required by contract or written agreement prior to loss and allowed by law. In the states of AL, AZ, CO, GA, IL, IN, KS, MI, MN, OK and PA, the premium charge is 0.5% of the total manual premium, subject to a minimum premium of$100 per policy. In the states of CT, FL, IA, MD, NE, OR, the premium charge is 1% of the total manual premium, subject to a minimum premium of$250 per policy. In the state of LA, the premium charge is 2% of the total standard premium, subject to a minimum premium of$250 per policy. In the states of AR, ID, KS, ME, MS, MO, MT, NV, NM, SC, TN and WV, the premium charge is 0.5% of the total manual premium, subject to a minimum premium of$250 per policy. In the state of MA, the premium charge is 1% of the total manual premium. In the states of NC and RI, the premium charge is 2% of the total manual premium, subject to a minimum premium of$100 per policy. Issued by LM Insurance Corporation For attachment to Policy No. WA5-64D-445966-032 Effective Date 06/01/2022 Premium$ Issued to Badger Daylighting Corp. Endorsement No. WC 00 03 13 © 1983 National Council on Compensation Insurance. Page 1 of 1 Ed. 04/01/1984 Attachment Code:D605059 Master ID: 1505571,Certificate ID: 19507036 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Not applicable in KY, NH and NJ. Schedule Any person or organization for which the employer has agreed by written contract, executed prior to loss, may execute a waiver of subrogation. However, for purposes of work performed by the employer in Missouri,this waiver of subrogation does not apply to any construction group of classifications as designated by the waiver of right to recover from others(subrogation)rule in our manual. The waiver does not apply to any right to recover payments which the Minnesota Workers Compensation Reinsurance Association may have or pursue under M.S. 79.36. Where required by contract or written agreement prior to loss and allowed by law. In the state of NY,the premium charge is 2%of the total manual premium, subject to a minimum premium of$250 per policy. In the state of VA, the premium charge is 5% ofthe total manual premium, subject to a minimum premium of$250 per policy. Issued by LM Insurance Corporation For attachment to Policy No.WA5-64D-445966-032 Effective Date 06/01/2022 Premium $ Issued to Badger Daylighting Corp. Endorsement No. WC 00 03 13 ©1983 National Council on Compensation Insurance. Page 1 of 1 Ed.04/01/1984 Attachment Code:D605061 Master ID: 1505571,Certificate ID: 19507036 Policy Number: AS2-641-445966-012 Issued by: Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form.This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): As required by written contract. Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 ©2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Standard Attachment:S608715 Master ID: 1505571,Certificate ID: 19507036 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: "All persons or organizations with whom you have entered into a written contract or agreement, prior to an "occurrence" or offense, to provide additional insured status, where the written contract or agreement obligates you to utilize the October 2001 version of the ISO additional insured endorsement." Location And Description of Completed Operations: Additional Premium: Included (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations hazard". CG 20 37 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 Standard Attachment:S608716 Master ID: 1505571,Certificate ID: 19507036 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: All persons or organizations with whom you have entered into a written contract or agreement, prior to an 'occurrence" or offense, to provide additional insured status, where the written contract or agreement obligates you to utilize the October 2001 version of the ISO additional insured endorsement. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations s applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs)to be performed for that insured. performed by or on behalf of the B. With respect to the insurance afforded to these additional insured(s) at the site of the additional insureds, the following exclusion is covered operations has been added: completed; or 2. Exclusions (2)That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily put to its intended use by any person injury" or"property damage"occurring after: or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 Standard Attachment:S608719 Master ID: 1505571,Certificate ID: 19507036 POLICY NUMBER: AS2-641-445966-012 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SCHEDULE Name(s) Of Person(s) Or Organization(s): As required by written contract. Premium: $ Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s)or organization(s)shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident"or the"loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Standard Attachment:S608719 Master ID: 1505571,Certificate ID: 19507036 POLICY NUMBER: AS2-641-445966-012 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement identifies person(s)or organization(s)who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization with whom you agreed, because of a written contract, written agreement or written permit, to provide insurance such as is afforded under this Coverage Form.This provision only applies if the written contract or written agreement has been executed or written permit issued prior to the"bodily injury"or"property damage." Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II -Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Spokane . Valley BOND NO: 107797138 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to Badger Daylighting Corp.(Contractor),as Principal, a contract for the construction of the project designated as Storm Drain Cleaning Services,Project No.23-041 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$232,670.50 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a filly executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY Docualpned by: R•Nodt 44 4/18/2023 74i8827975167... Principal Signature Date Surety Signature Date tYj C( Sonja Rivosecchi Printed Na a Printed Name f 111t(,( 6.a �)t'4`la`te(f Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Lockton Companies 1715 Aaron Brenner Dr, Suite 512, Memphis,TN 38120 Updated February 9,2023 Spokane Valley BOND NO: 107797138 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Badger Davlightiug Corn. (Contractor), as Principal,a contract for the construction of the project designated as Storm Drain Cleaning Services,Project No.23-041 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$232,670.50 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics, subcontractors,and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a frilly executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY DoeuSIgned by: ES.0444 g o 4/18/2023 47 44BB2$7�57- Principal Signature Date Surety Signature Date t-\(Ik I �>>eC)e1 Sonja Rivosecchi Printed Name Printed Name Attorney-In-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: Lockton Companies 1715 Aaron Brenner Dr,Suite 512, Memphis,TN 38120 Updated February 9,2023 Travelers Casualty and Surety Company of America AMI h. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Sonja Rivosecchi of CALGARY , Alberta , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed,this 21st day of April, 2021. ,�1w1E7YY. ,'ltY Ako sL �N'lt c rI court , '1 y., C9�SS►Jri State of Connecticut By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. .c�P Nast. IN WITNESS WHEREOF,I hereunto set my hand and official seal. + 9l�f�/«� 1101AflY 6 My Commission expires the 30th day of June,2026 >v �+� P . ' Anna P.Nowik,Notary Public %E6 This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company In the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of tile Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 18 day of April , 2023 . *24 p4 1 G'�. H rRiK4 S HARTFORDr 1 1 CORI( 4 ; 41p� �f �NJ S # r� 8 ux • Kevin E.Hughes,Assi tant Secretary To verify the authenticity of this Power of Attorney,p/ease call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fact and the details of the bond to which this Power of Attorney is attached.