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23-036.01GarcoConstruction-CityHallPDBCITY OF SPOKANE VALLEY INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNATURE Project name: #0322 City Hall PDB Date: 10/24/23 Contract number: 23-036.01, Garco Construction, Inc. Budget account #:001.000.322.518.30.41.02 Amount seeking approval for: $ 2,527,323.90 (Total $2,848,718.90) w/o tax DEPARTMENT ® Engineering ❑ Economic Dev ❑City Atty ❑Parks,Rec & Facilities ❑Finance ❑HR ❑ Admin. ❑ IT ❑ Building AGREEMENT TOPIC & BACKGROUND: Garco Construction, Inc. for PDB — Phase 2 GMP Amendment #1 The City of Spokane Valley is making needed repairs to bring City Hall up to the condition that it should have originally been built to. In addition to repairs that have already been completed, this additional work could include, but not be limited to; removing and replacing the Council Chambers Radius Wall and Cloud, removing and replacing composition shingle and EPDM roofs, and repairing the interior door frames, attics, East Entry, canopy, storefront, plumbing, and mechanical. City Council awarded the Progressive Design Build (PDB) contract to Garco Construction, Inc. at their January 24, 2023 meeting for a total not to exceed amount of $4M. The initial PDB agreement was for Phase 1 scope only and included reviewing and validating the Initial Basis of Design Documents, the project budget, the project schedule, and any other information provided by the City. Part of that also included Garco providing a Not -to -Exceed (NTE) or Guaranteed Maximum Price (GMP) proposal for construction, or Phase 2 scope, for each of the initial areas of remediation. Staff negotiated the attached GMP Amendment #1 for their 2023 services which also includes the repair of the Council Chambers Radius Wall and Cloud along with the initial ten interior doors and frames and temporary roof repairs. This adds that work to the PDB contract with Garco and there are sufficient funds in the current project budget. SELECTION PROCESS: ❑ Small Works Roster ® RFQ ❑Consultant Roster ❑Formal Bid ❑ Negotiation ❑ N/A or Oth BUDGET/FINANCIAL IMPACTS: Revenues: City Fund 001 $ 4,500,000 Expenditures: Construction $ 4,500,000 EXPIRATION DATE: n/a NOTIFICATION DATE: n/a ❑ Council action needed for future renewal (Date Cleric notifies department contract is expiring) RENEWAL EVAL. NOTIFICATION DATE: (Notify depaVrht contrp96erX a/ evaluation is coming due) � " artment Director Project Manager Engineering Manager ® Federal debarment/suspension requirements met ❑ N/A O�ZZ T Review Com %leted ❑ N/A Date ^ c Date ^� approved: �--�z approved: �I k n-'ajn L; V Contract language IN FunX0 source approval Performance & payment bond approval DOCUMENT DISTRIBUTION AFTER SIGNED: • (1) Original to City Clerk with copy of blue sheet • (1) Original to PW to transmit to Garco • Copy to finance department ATTACHMENTS: (2)GMP Amendment #23-036.01 w/Exhibits (1)ea-Payment, Performance, & Retainage Bonds Current Insurance Confirmation check Date t / _ approved: j xJ Insurance coverage reviewed Expires: l z Date approved: 3 Deputy dty Manager ca 7 R/General Govemance/Forms/Contract Forms & Authorization/ Revised Blue Sheet.doc Form Updated 01-24-2023 �Z3 3 c,I, �e , oo0VAey Contract No. 23-036.01 Community & Public Works Department 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 www.spokanevalleywa.gov GMP AMENDMENT #1 CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT Unless the parties agree in writing otherwise, the GMP Amendment shall be in a substantially similar form as follow: 1. Pursuant to Section 6.6.1 of the Agreement, this GMP Amendment incorporates the following terms into the Agreement. To the extent any terms set forth in this GMP Amendment conflict with the Agreement, the terms in this GMP Amendment shall govern. 2. The Design -Builder has submitted to Owner the GMP Proposal pursuant to Section 6.6.1.6 of the Agreement. 3. The Owner has reviewed the GMP Proposal, the parties have reconciled the Owner's Comments pursuant to Section 6.6.1.6 of the Agreement, and the Owner has accepted the GMP Proposal as reconciled. The conformed, reconciled GMP Proposal is attached to this GMP Amendment at Exhibit A and is incorporated as if fully set forth herein. 4. The Owner has decided to exercise its option to enter into Phase 2 of the Agreement pursuant to Section 6.6.1.6.0 of the Agreement. 5. Consistent with the GMP Proposal, the parties hereby establish the following Commercial Terms: Guaranteed Maximum Price $ 2,752,255.73 Cost of the Work — Phase 2 2,527,323.90 Design -Builder's Lump Sum Fee Lump Sum General Conditions Costs Cost of the Work Contingency (Section 6.4.4.1.a) S118,205.90 NIA included in Cost of the Work) 200,000.00 (included in Cost of the Work) Design -Builders Contingency Section 6.4.4.1.b) N/A Completion Date — Phase 1 May 31, 2023 Interim Substantial Completion Milestones — Phase 2 See Milestone Dates Below Final Completion Date — Phase 2 June 30, 2024 Other Commercial Terms are set forth pursuant to the following Exhibits: a. Allowances as set forth in Section 6.4.1 of the Agreement are set forth and described in Exhibit B to the GMP Amendment. The design builder has established (2) allowances to be used for "Structural Steel" repair at the radius wall, and a "Temporary Roof Repair" to be used as needed to repair the existing roof until replacement is completed. b. Contingencies as set forth in Section 6.4.4 of the Agreement are set forth above and described in Exhibit C to the GMP Amendment. 6.4.4. -.1 (a) Cost of the Work Contingency. The Cost of the Work Contingency is reimbursed as a Cost of the Work. C. Liquidated Damages as provided in Section 5.4 — 5.6 of the Agreement are $1,000.00 per calendar day. 7. Interim Substantial Completion Milestone Dates. The parties have agreed to the following Interim Substantial Completion Milestone Dates for the Project. The parties will follow the process set forth in Section 6.6 of the General Conditions to establish whether shall apply to the scope of Work applicable to the Interim Substantial Completion Milestone Date. The Project will reach Substantial Completion for the purposes of assessment of Liquidated Damages when the last Interim Substantial Completion Milestone Date is achieved. Number Description of Interim Substantial Completion Milestone Interim Substantial Completion Date Milestone Date 1 Substantial Completion of Chambers work including December 31, 2023 artial final inspection and approval to occupy 2 Final Completion of Chambers work including final January 31, 2024 inspection approval 8. Pursuant to Section 10.2 of the Agreement, Design -Builder shall provide a Payment and Performance Bond pursuant to RCW Chapter 39.08 equal to one hundred percent (100%) of the amount of the Guaranteed Maximum Price set forth above. In executing this Amendment, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Amendment, and each has the necessary corporate approvals to execute this Amendment, and perform the services described herein. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed on the date set forth below. CITY OF SPOKANE VALLEY By!� John Hohman Its City Manager Date: 10 - 26- Z3 DESIGN -BUILDER Garco Construction, Inc. Name of Design-Builde By �— Scoff Battaglia Its Project Manager Date: o Z 4" � DESIGN -BUILDER'S ADDRESS AND PHONE: 4114 E. Broadway Ave Spokane, WA 99202 (509) 535-4688 CITY OF � e ..jlMley PROPOSAL: Community & Public Works Department 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 ♦ Fax: (509) 720-5075 www.spokanevalleywa.gov EXHIBIT A GMP AMENDMENT #1 CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT The design builder submitted their entire deliverables proposal package in July 2023 and submitted Revision 1 in September 2023. This file is located in the City Project folder at: P:\Public Works\Capital Projects\Street Pr6ects\0322 - City Hall Repairs\Construction Administration\Change Orders\Garco PDB\GMP Amendments\GMP Amend 1\2302 SV City Hall Deliverables Rev.l.pdf. Per contract requirements, the large PDF package (-63 MB) includes the following: 1. GMP Pricing and Verification of GMP (3.04;D) 2. Final Basis of Design Documents (3.03;B) 3. Project Schedule (3.02; E) 4. Schedule of Values (3.04; B) 5. Assumptions, Clarifications, and Scope of Work 6. Accident Prevention Plan (3.06; C) 7. Permitting Strategy Plan (3.07) 8. QA / QC Plan (3.8) 9. Contract Close -Out Plan (3.9) 10. Differing Site Conditions (3.10) 11. Inclusion Plan for Disadvantaged Businesses 12. Small Businesses (3.11) For ease of routing this GMP Amendment #1 to City staff for review and signatures, the entire package is not included but is hereby incorporated by reference. Exhibit A, as included herein, is the design -builder's current Schedule Of Values (SOV) in the form of Prime Contract Change Order #1 (PCCO #001) for this Phase 2 work. The attached SOV is in substantial conformance with the design builder's deliverables proposal in the PDF package (GMP Pricing and Verification of GMP and Schedule of Values) per above. " GARCO PCCO #001 Garco Construction, Inc. Project: 230200 - City Hall Remediation Project 4114 E Broadway Ave 10210 E Sprague Ave Spokane, Washington 99202 Spokane Valley, Washington 99206 Phone: (509) 535-4688 Phone: 509-720-5018 Fax: (509) 535-1384 Prime Contract Change Order #001: Owner Change Order 001 CE #001 - Phase 2 GMP TO: City Of Spokane Valley FROM: Garco Construction Inc 10210 East Sprague Avenue 4114 E Broadway Ave Spokane Valley, Washington 99206 Spokane, Washington 99202 DATE CREATED: 9/18/2023 CREATED BY. Brea LaRue (Garco Construction Inc) CONTRACT STATUS: Draft REVISION: 0 DESIGNATED REVIEWER: Jerry Burk (Turner & Townsend Heery) REVIEWED BY: DUE DATE: REVIEW DATE: INVOICED DATE: PAID DATE: SCHEDULE IMPACT: EXECUTED: No SIGNED CHANGE ORDER RECEIVED DATE: CONTRACT FOR: 230200 - SPOVAL0000:230200 Prime TOTAL AMOUNT $2,527,323.90 Contract DESCRIPTION: CE #001 - Phase 2 GMP ATTACHMENTS: 0322-2 City Hall Pay App 31R2 PCCO 001 Back-Up.pdf. 0322 City Hall-GMP 2 2023 1016.0f, 2302 SV City Hall Deliverables Rev.1.pdf POTFNTIAI CHANAF 0141711714S IN THIS CHANGF ORDFR7 PCO # I Title Schedule Impact Amount 008 1 CE #001 R - Phase 2 GMP $2,527,323.90 Total: $2,527,323.90 CHANGE ORDER LINE ITEMS: PRf1 a AAR. CF ItAA1 R _ Phaca 9 r:MP # Budget Code Description Amount 1 01001-OO.S PLANS PERMITS ENGINEERING.Subcontract SOV 1000 Architectural Design $185,000.00 2 01004-00.0 MOBIL (EQUR HAUL).Other SOV 1040 Job Mobilization $27,984.00 3 01006-00.1- SURVEY/LAYOUT. Labor SOV 1050 Survey & Layout/Testing $6,163.00 4 01009-00.0 SANI-CAN.Other SOV 1060 Sanican(s) $3,663.00 5 01010-OO.S BARRICADE/TEMP. FENCE.Subcontract SOV 1070 Temporary Fencing $11,680.00 6 01060-001 PROJECT ENGINEER.Labor SOV 1080 Project Engineer and Administrative $162,540.00 7 01040-001 PROJECT MANAGER.Labor SOV 1090 Project Manager $85,547.00 8 01013-00.0 REFUSE DISPOSAL.Other SOV 1110 Refuse Disposal $17,826.00 9 01016-OO.E PICKU PS/TRUCKS. Equipment SOV 1120 Pick -Ups $14,520.00 10 01017-00.0 SMALL TOOLS.Other SOV 1130 Small Tools $19,800.00 11 01039-00.0 CONSUMABLES.Other 101027-00.0 SOV 1140 Consumables $19,800.00 12 SAFETY.Other SOV 1150 Safety Related Costs $10,483.00 Garco Construction, Inc. Page 1 of 3 Printed On: 10/16/2023 02:55 PM "GARCO PCCO #001 # Budget Code Description Amount 13 01015-00.1- FINAL JOB CLEAN UP.Labor SOV 1160 Final Clean -Up $4,202.00 14 01008-00.0 BUILDINGS/JOB SHACK.Other SOV 1170 Onsite Office Expenses $9,900.00 15 02017-OO.S SELECTIVE DEMO LITI0N.Subcontract SOV 2000 Selective Demolition $60,083.00 16 02011-OO.S LAN DSCAPING.Subcontract SOV 2010 Landscaping $82,765.00 17 01041-OO.E SCISSOR LIFT(S).Equipment SOV 2020 Equipment $50,362.00 18 02002- OO.S EARTH/EXCAVATION/GRADING.Subcontract SOV 2030 Excavation/Sitework $270,600.00 19 02101-OO.S CSV SHORING TOWERS.Subcontract SOV 2040 Shoring $55,800.00 20 03107-01.M PLACE CONCRETE.Material SOV 3000 Concrete $38,999.00 21 04001- OO.S BRICKWORK/BLOCK/STONE.Subcontract SOV 4000 Masonry $105,000.00 22 05003-OO.L STRUCTURAL STEEL.Labor SOV 5100 Structural Steel $38,850.00 23 06008-OO.L CASING/BASE/TRIM/MILLWORK.Labor SOV 6200 Casing/Millwork $1,413.00 24 07003-OO.S Comp Roofing Allowance SOV 7500 Roofing $41,293.00 25 08005-OO.S ENTRANCES & STOREFRONTS.Subcontract SOV 8000 Alumn Entrances, Windows, Glass $60,400.00 26 08001-001 HOLLOW METAL DOORS/FRAMES.Labor SOV 8100 Doors and Hardware $12,905.00 27 09001- OO.S FRAME/DRYWALUPUASTER.Subcontract SOV 9200 GWB Framing and Finish $300,000.00 28 09003-OO.S SUSPENDED CEILINGS/ACOUST.Subcontract SOV 9500 Acoustical Ceilings $1.00 29 09004-OO.S CARPET.Subcontract SOV 9600 Carpeting $17,500.00 30 09005-OO.S PAINTING.Subcontract SOV 9900 Painting and Wallcovering $26,000.00 31 10010-OO.S SIGNAGE.Subcontract SOV 10000 Signage $2,155.00 32 15006-OO.S FIRE PROTECTION.Subcontract SOV 21000 Fire Sprinkler System Relocation $21,000.00 33 15003-OO.S PLUMBING.Subcontract SOV 22000 Interior Plumbing Relocation $2,500.00 34 15004-OO.S HVAC.Subcontract SOV 23000 H.VA.C. Relocation $25,000.00 35 16001-OO.S ELECTRICAL - COMPLETE.Subcontract SOV 26000 Electrical - Complete $90,000.00 36 20003-00.0 LIABILITY INSURANCE.Other SOV 99000 Liability Insurance $14,862.00 37 20002-00.0 STATE TAXES / B&O TAXES.Other SOV 99001 B&O Tax (WA) $12,963,00 38 01090-00.0 CONTINGENCY.Other SOV 99002 DB Contingency $200,000.00 39 20004-00.0 PERFORMANCE BOND.Other SOV 99003 DB Bond Premium $21,595.00 40 01011-001 SUPERVISION. Labor SOV 1100 Superintendent $232,964.00 41 07003-OO.S Comp Roofing Allowance Allowance Roofing $10,000.00 42 07002-OO.M Radius Wall Allowance Allowance Radius Wall $35,000.00 Subtotal: $2,409,118.00 GC Fee (= 4.91 % Applies to all line item types.): $118,205.90 Grand Total: $2,527,323.90 The original (Contract Sum) Net change by previously authorized Change Orders The contract sum prior to this Change Order was The contract sum would be changed by this Change Order in the amount of The new contract sum including this Change Order will be The contract time will not be changed by this Change Order. $321,395.00 $0.00 $321,395.00 $2,527,323.90 $2,848,718.90 Garco Construction, Inc. Page 2 of 3 Printed On: 10/16/2023 02:55 PM "GARCO SIGNATURE DATE City Of Spokane Valley 10210 East Sprague Avenue Spokane Valley, Washington 99206 SIGNATURE Garco Construction, Inc. Page 3 of 3 DATE PCCO #001 Garco Construction Inc 4114 E Broadway Ave Spokane, Washington 99202 SIGNATURE DATE Printed On: 10/16/2023 02:55 PM SCtTY OF #6 Qw- Re ,;0OValley, ALLOWANCES: Community & Public Works Department 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 www.spokanevalleywa.gov EXHIBIT B GMP AMENDMENT #1 CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT The design builder has established two (2) allowances to be used for GMP Amendment #1 as follows: 1. "Structural Steel' is for repair at the radius wall steel moment frame as/if needed. 2. "Temporary Roof Repair" is for repair of the existing roof leaks as/if needed until replacement is completed next year. S aTY OF ,,;0*W1ey CONTINGENCIES: Community & Public Works Department 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509) 720-5000 ♦ Fax: (509) 720-5075 www.spokanevalleywa.gov EXHIBIT C GMP AMENDMENT #1 CITY OF SPOKANE VALLEY CITY HALL REMEDIATION PROJECT The design builder has included "Cost of the Work Contingency" to be used as/if needed for this GMP Amendment #1 scope of work. This is to be considered "Owner" contingency and will only be authorized with City Project Manager's approval. All "Cost of the Work Contingency" reimbursements to the design builder will be tracked separately from other scope of work items. GARCCON-03 SSIMPSON1 .d►CO/2a►" CERTIFICATE OF LIABILITY INSURANCE 164.� DATE(MM/DD/YYYY) 1 /30/2023 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 INSURERS), 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 Stacia Simpson PHONE FAX (A/C, No, Ext): (509) 319-2912 1 (A/C, No): Hub International Northwest LLC PO Box 3144 Spokane, WA 99220 ADDRIESS: Stacia.Simpson@hubinternational.Com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B:LibertV Insurance Corporation 42404 INSURER C: Indian Harbor Insurance Company 36940 Garco Construction, Inc. INSURER D : P.O. Box 2946 Spokane, WA 99220 INSURER E INSURER F : rnVFRAGFS CFRTIFICATF NIIMRFR- 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 LTRA TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE X OCCUR X X TB2Z91469954022 12/31/2022 12/31/2023 DAMAGE TO RENTED PREMISES Ea0. ence 100,000 $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 PRODUCTS -COMP/OPAGG $ 4,000,000 POLICY [XI JECT LOC $ OTHER: B AUTOMOBILE LIABILITY Ee accidentSINGLE LIMIT $ 2,000,000 BODILY INJURY Per erson $ ANY AUTO X X AS7Z91469954012 12/31/2022 12/31/2023 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS Ix ROPEciRdenDAMAGE $ HIRED X NON -To AUTOS ONLY AUTOS ONLY B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS -MADE X X TH7Z91469954032 12/31/2022 12/31/2023 AGGREGATE $ 10,000,000 DED I X I RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE PER OTH- TATUTE ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE- EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A WA Stop Gap EL2Z91469954042 12/31/2022 12/31/2023 Limit 1,000,000 C Prof/Poll Liability X X CE0742089707 12/31/2022 12/31/2023 $2MM EA OCC/$4MM AGG DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) PROJECT NO. 0322-2 PROJECT DESCRIPTION: CITY HALL REMEDIATION -PROGRESSIVE DESIGN BUILD - SPOKANE VALLEY CAPITAL IMPROVEMENT CITY OF SPOKANE VALLEY, WASHINGTON, THEIR OFFICERS, DIRECTORS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS IT RELATES TO GENERAL & AUTO LIABILITY & WAIVER OF SUBROGATION IS GRANTED AS IT RELATES TO GENERAL AUTO LIABILITY FOR ON -GOING AND COMPLETED OPERATIONS IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE POLICIES. UMBRELLA FOLLOWS FORM AS IT RELATES TO ADDITIONAL INSUREDS. THE ABOVE COVERAGE IS PRIMARY AND NONCONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CITY OF SPOKANE VALLEY, WASHINGTON 10210 E SPRAGUE AVENUE SPOKANE VALLEY, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VA Travelers Casualty and Surety Company of America TRAVELERS License No. RIDER To be attached to and form part of Bond No. 107749033 Issued on behalf of Garco Construction, Inc. as Principal, and in favor of City of Spokane Valley, WA as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: ❑X 3. The Surety hereby gives its consent to change the P&P Bond Amount, per GMP Amendment from: $350,000.00 (Three Hundred Fifty Thousand Dollars and No Cents) to: $3,102,255.73 (Three Million One Hundred Two Thousaand Two Hundred Fifty Five Dolars and Sevnty Three Cents) This rider shall become effective as of October 23, 2023 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated October 23, 2023 Accepted: City of Spokane Valley, WA Obligee S-4111 (8/66) Travelers Casualty and Surety Company of America Shawn M. Wilson Attorney -in -Fact //o or Princ' al By: Travelers Casualty and Surety Company of America /1111W 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 Shawn M Wilson of SPOKANE , Washington , 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. �1 -coil IVANO coftuU K Ja4 ,Q SIX State of Connecticut City of Hartford ss. By: '44elx- 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. IN WITNESS WHEREOF, I hereunto set my hand and official seal. t2b7AAY O My Commission expires the 30th day of June, 2026 * $ p`ue;o Anna P. Nowik, Notary Public S 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 Attomeys-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 Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of October , 2023 MOM it Cow. +O — �"'." f Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Pow& ofAttorney, please call us at 1-800-421-3880. Please refer to the above -named Attorneys) -in -Fact andthe details of the bond to which this PowerofAttorney is attached. Travelers Casualty and Surety Company of America TRAVELERS License No. RIDER To be attached to and form part of Bond No. 107749034 Issued on behalf of Garco Construction, Inc. as Principal, and in favor of City of Spokane Valley, WA as Obligee. It is agreed that: ❑ 1. The Surety hereby gives its consent to change the Name: from: to: ❑ 2. The Surety hereby gives its consent to change the Address: from: to: ❑X 3. The Surety hereby gives its consent to change the Retention Bond Amount, per GMP Amendment from: $17,500.00 (Seventeen Thousand Five Hundred Dollars and No Cents) to: $155,112.79 (One Hundred Fifty Five Thousand One Hundred Twelve Dollars and Seventy Nine Cents) This rider shall become effective as of October 23, 2023 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this rider shall not be cumulative. Signed, sealed and dated October 23, 2023 Accepted: City of Spokane Valley, WA Obligee I0 S-4111 (8/66) Travelers Casualty and Surety Comoanv of America By: L %,:,- Shawn M. Wilson Att ey-in-Fact x or G VCR V� Princip ix By: Travelers Casualty and Surety Company of America AIM Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Shawn M Wilson of SPOKANE , Washington , their true and lawful Attomey(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. 400 tY 4N0 B9 G �op HARPQ$ s HPATRDRD, cow sm cow 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. P NO IN WITNESS WHEREOF, I hereunto set my hand and official seal. kO7AHY ; My Commission expires the 30th day of June, 2026 PUMA Anna P. Nowik, Notary Public w 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 Attomeys-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 Attomeys-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 Attomeys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 23rd day of October 2023 � �OWWAN sm Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attomey, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fad and the d0tai1s of the bond to which this PowerofAttorney is attached. 26C?0(0 GARCCON-03 SSIMPSON1 ACORO' CERTIFICATE OF LIABILITY INSURANCE `•� DATE(MM/DD/YYYY) 12/22/2023 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 INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Stacia Simpson NAME: PHONE FAX (A/C, No, E:t): (509) 319-2912 (A/C, No): Hub International Northwest LLC PO Box 3144 Spokane, WA 99220 ADDRESS: Stacia.Simpson@hubinternational.com INSURERS AFFORDING COVERAGE NAIC # INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: LibertyInsurance Corporation 42404 INSURER C : Liberty Mutual 23043 Garco Construction, Inc. INSURER D: Indian Harbor Insurance Company 36940 P.O. Box 2946 Spokane, WA 99220 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 EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE OCCUR X X TB2Z914699540023 12/31/2023 12/31/2024 DAMAGE TORENTEDn PREMISES (Ea $ 100,000 MED EXP (Anyoneperson) $ 1000 PERSONAL & ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY FX] jECT LOC GENERAL AGGREGATE $ 4,000-000 GEN'L PRODUCTS - COMP/OP AGG $ 4,000,000 IWA STOP GAP $ 1,000,000 OTHER: B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 2,000,000 $ BODILY INJURY Perperson) $ X ANY AUTO X X AS7Z91469954013 12/31/2023 12/31/2024 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS PROPERTY DAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY C X UMBRELLA LIAB 1 X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE X X TH7Z91469954033 12/31/2023 12/31/2024 DED X RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N / A PETR OTH- ATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT If yes, describe under DESCRIPTION OF OPERATIONS below A WA STOP GAP EL2Z91469954043 12/31/2023 12/3112024 Limit 1,000,000 D Prof/Poll Liability X X CE0742089708 12/31/2023 12/31/2024 $2MM EA OCC/$6MM AGG DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) PROJECT NO.0322.2 PROJECT DESCRIPTION: CITY HALL REMEDIATION -PROGRESSIVE DESIGN BUILD - SPOKANE VALLEY CAPITAL IMPROVEMENT CITY OF SPOKANE VALLEY, WASHINGTON, THEIR OFFICERS, DIRECTORS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS IT RELATES TO GENERAL & AUTO LIABILITY & WAIVER OF SUBROGATION IS GRANTED AS IT RELATES TO GENERAL AUTO LIABILITY FOR ON -GOING AND COMPLETED OPERATIONS IN ACCORDANCE WITH TERMS AND CONDITIONS OF THE POLICIES. UMBRELLA FOLLOWS FORM AS IT RELATES TO ADDITIONAL INSUREDS. THE ABOVE COVERAGE IS PRIMARY AND NONCONTRIBUTORY WHERE REQUIRED BY WRITTEN CONTRACT. CFRTIFICOTF HOI nFR CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SP OKANE VALLEY, WASHINGTON OKA THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210E SP E AVENUE SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE W ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: AS7Z91469954013 Issued by: Liberty Insurance Corp. 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): Any person or organization whom you agreed in writing as an additional insured, but only for the coverage and minimum limits of insurance required by the written agreement, and in no event to exceed either the scope of coverge or the limits of insurance provided in this policy. 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. Policy Number AS7Z91469954013 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto Vill. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XI11. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXI II. Waiver of Subrogation NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident' which occurred before you acquired or formed the organization. AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.I. Who Is An Insured of SECTION 11- COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any 'leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the 'leased auto" whichever occurs first. B. For any 'leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured provision is changed to include as an "insured" the lessor of the 'leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a 'leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the 'leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the 'loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a 'leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such 'leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, 'loss" or destruction. AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION 11 - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph AA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. Vlll. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for 'loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total 'loss". 3. We may deduct for betterment for parts normally subject to repair and replacement during the useful life of the "auto". In this event, deductions shall be limited to the lesser of: a. An amount equal to the proportion that the expired life of the part to be repaired or replaced bears to the normal useful life of that part; or b. The amount which the resale value of the "auto" is increased from the repair or replacement. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph AA.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto" However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered 'loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident'. If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.I. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 2. $30 per day with a maximum of $900 in any one period. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLICY CONDITIONS is changed to: 2. We may cancel or non -renew this policy by mailing written notice of cancellation or non -renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non -renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non -renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non -renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a 'loss" to a covered "auto" occurs in Mexico, we will pay for such 'loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such 'loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident', to waive rights of recovery against such person or organization. AC 84 9411 17 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TB2Z91469954023 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 Additional Insured Person(s) Or Or anization s : Location And Description Of Completed Operations All Persons or Organizations as required in a All locations as required by a written contract or written contract or agreement or permit requiring agreement or permit entered into prior to an occur - arising out of language, entered into prior to an rence or offense occurrence or offense to provide additional insured status requiring the use of CG 20 37with 07 04 edition date. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Pagel of 2 Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations For Attachment to Policy No. Page 2 of 2 End. Policy TB2Z91469954023 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 as required in a written contract or agreement or permit requiring arising out of language, entered in- to prior to an occurrence or offense to provide additional insured status requiring the use of CG 20 10 with 10 01 edition date (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as 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 addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions This insurance does not apply to "bodily inju- ry" or "property damage" occurring after: CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 2 (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. This endorsement is executed by the Premium $ Effective Date Expiration Date For attachment to Policy No. Audit Basis Issued To Countersigned by Authorized Representative Issued Sales Office and No. End. Serial No. Page 2 of 2 © ISO Properties, Inc., 2000 CG 20 10 10 01 Policy Number TB2Z91469954023 Issued by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II —Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury'; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section II —Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. 'Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same 'occurrence", claim or "suit". LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number TB2-Z91-469954-023 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT OR DESIGNATED LOCATION COMBINED AGGREGATE LIMITS- WITH TOTAL AGGREGATE LIMIT FOR ALL PROJECTS AND LOCATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project or a single designated "location": 1. A separate Designated General Aggregate Limit applies to each designated construction project and to each designated "location", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Section I - Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated General Aggregate Limit for that designated construction project or designated "location". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated construction project or designated "location". 4. The limits shown in the Declarations for Each Occurrence, Damage to Premises Rented to You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated General Aggregate Limit and the Total Aggregate Limit for all Projects and Locations. 5. The Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement is the most we will pay for the sum of all damages caused by "occurrences" under Section I - Coverage A and all medical expenses caused by accidents under Section I - Coverage C which can be attributed only to ongoing operations at a designated construction project or designated "location" shown in the Schedule of this endorsement, regardless of the number of construction projects, "locations", "occurrences" or accidents. 6. Each Designated General Aggregate Limit is subject to the Total Aggregate Limit for all Projects and Locations shown in the Schedule of this endorsement. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project or single designated "location": LC 25 19 0115 © 2014 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products -Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Designated General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. D. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" means any premise that you occupy for permanent operations as part of your business, but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "location". F. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Schedule Designated Construction Project(s) or Designated Location(s): All 'locations" and all construction projects at which you are performing ongoing operations. Total Aggregate Limit for all Projects and Locations: $ 20,000,000 LC 25 19 0115 © 2014 Liberty Mutual Insurance Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: TB2-Z91-469954-023 COMMERCIAL GENERAL LIABILITY CG 24 041219 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 LIABIUTYCOVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SffES POLLUTION LIABILrrYLIMrrED COVERAGE PART DESIGNATED SrrES PRODUCTS/COMPLETED OPERATIONS LIABILrrYCOVERAGE PART RAILROAD PROTECTIVE LIABILrrYCOVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS 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) show.n 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. Schedule Name Of Person(s) Or Organization(s): As required by written contract or agreement entered into prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 24 041219 ©Insurance Services Office, Inc., 2018 Page 1 of 1 Policy #CEO742089708 b. this coverage shall expire at the end of the Policy Period or within ninety (90) days of such formation or acquisition of the entity, whichever is earlier, unless you submit written notice to us providing detailed information concerning the newly formed or acquired entity, confirmed by us by endorsement, and provided that you pay any applicable additional premium requested by us; Any Insured with regard to its participation in a legal entity including a limited liability company or joint venture, but only to the extent of the Insured's legal liability for its rendering of Professional Activities and Duties and/or Contracting Activities under the respective legal entity or joint venture; 8. With regard to Section 1: What We Cover DA., the Client, but only: a. if the you are required to include the Client as an additional Insured in a written contract in effect during the Policy Period and signed by the you prior to the first commencement of the Pollution Condition; and b. with respect to the Client's vicarious liability resulting from your Contracting Activity. 9. With regard to Section 1: What We Cover DA., all persons or organizations, other than a Client, as required by a written contract executed by the Named Insured, but only for: a Pollution Condition caused by your Contracting Activity; and b. the vicarious liability of the person or organization that results from the performance of your Contracting Activity provided that such written contract is signed by the Named Insured prior to the commencement of the Pollution Condition. Insured Contract L. means that part of any written contract or written agreement under which you assume the Tort Liability of another party to pay compensatory damages for Bodily Injury or Property Damage, to a third person or organization, provided that such written contract or written agreement is signed by you prior to the Bodily Injury or Property Damage. Tort Liability means a liability that would be imposed by law in the absence of any contract or agreement. KLD 0510113 © 2013 X.L. America, Inc. Page 6 of 25 All Rights Reserved. May not be copied without permission. Policy #CEO742089708 Declarations and G. By acceptance of this policy, you agree that the statements and Representations information contained in the Application and other supplemental materials submitted to us are: (a) true and correct; (b) such statements and information are material to our underwriting of this policy; and (c) that this policy has been issued by us in reliance upon the truth and correctness of such statements and information. Design Professional's Insurance H. The Insured shall require that each Design Professional under written contract to it evidence professional liability insurance. Headings I. The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of this policy. Inspection and Audit J. We will be permitted, but not obligated, to examine, audit, monitor and inspect on a continuing basis any of the Insured's books, records, services, properties and activities at any time, as far as they relate to the subject matter of this policy. Neither our right to examine, audit, monitor and make inspections, or the actual undertaking thereof, or any report thereon, neither constitutes an undertaking to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. Any inspections will be coordinated through your broker or agent. We may modify, amend or delete any of the terms and conditions of this policy including the right to charge additional premium and the right to cancel, rescind or void this policy, if our examination, audit, monitoring or inspection reveals any material risk, hazard or condition that was not previously disclosed by any Insured in the Application or supplemental materials, or which deviates from the information disclosed in the Application or supplemental materials. Limitation of Liability K. Under Protective Loss Coverage, the Insured shall not accept any limitation of liability from a Design Professional other than to insurance proceeds, without our express written consent. Other Insurance L. Where other valid and collectible insurance is available to the Insured, in addition to Design Professional's Insurance, our obligations to the Insured are as follows: 1. This insurance is excess over any other valid and collectible insurance, whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. 2. This insurance is excess over any other valid and collectible insurance available to the Insured under a project specific insurance policy, contractor -controlled insurance program, owner - controlled insurance program, consolidated (wrap-up) insurance program or any other similar insurance or program, whether such other insurance or program is stated to be primary, contributory, excess, contingent or otherwise. 3. This insurance is excess over any other valid and collectible Design Professional's Insurance whether such other insurance is stated to be primary, contributory, excess, contingent or otherwise. KLD 0510113 © 2013 X.L. America, Inc. Page 24 of 25 All Rights Reserved. May not be copied without permission. 4. Under Section 1: What We Cover: D. Pollution Loss Coverage only, when the Named Insured is required by contract, agreement, or permit to include any person or entity as an additional insured, such coverage shall be provided on a primary and non-contributory basis. Severability M. Except with respect to the Limits of Liability and the Self -Insured Retention Amount, and any rights or duties specifically assigned in this policy to you, this insurance applies: (a) as if each Named Insured were the only Named Insured; and (b) separately to each Insured against or by whom a Claim is made. Misrepresentation, concealment, breach of condition or violation of any duty under this policy by one Insured shall not prejudice the interest or coverage of another Insured under this policy. Sole Agent N. You will act on behalf of all Insured(s) for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this policy, giving and receiving notice of cancellation or non - renewal and the exercise of the rights provided in Section 6: Extended Reporting Period, B. Optional Extended Reporting Period. Subrogation O. In the event of any payment under this policy, we will be subrogated to all of the Insured's rights of recovery against any person or organization and the Insured will execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured will do nothing at any time to prejudice our subrogation rights. However, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients, if prior to a Professional Liability Claim, a waiver of subrogation was so required and accepted under a specific contractual undertaking by the Insured. Under Section 1: What We Cover: D. Pollution Loss Coverage, we waive our right(s) of recovery against any person or organization included in the definition of an Insured or against the Insured's Clients if prior to the Pollution Claim, a waiver of subrogation was required and accepted under a specific contractual undertaking by the Insured. Territory P. Coverage granted under this policy will apply anywhere in the world, to the extent permitted by law. KLD 0510113 © 2013 X.L. America, Inc. Page 25 d 25 All Rights Reserved. May not be copied without permission. Policy #TH7Z91469954033 PROPRIETARY AND CONFIDENTIAL COMMERCIAL LIABILITY— UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The words we, us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION 11— WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear, refer to SECTION VII — DEFINITIONS. In return for the payment of premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION I — COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury, property damage or personal and advertising injury to which this insurance applies. In addition, we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act, error or omission committed in the administration of the Named Insured's employee benefit program, to which this insurance applies. The amount we will pay for damages is limited as described in SECTION III — LIMITS OF INSURANCE. 2. With respect to bodily injury, property damage or personal and advertising injury, this insurance applies only if: a. The bodily injury or property damage occurs during the policy period, or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period; b. The bodily Injury, property damage or personal and advertising Injury is caused by an occurrence that takes place anywhere; and c. Prior to the policy period, no insured listed under Paragraph 3. of SECTION II — WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim, knew that the bodily Injury or property damage had occurred, in whole or in part. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION II — WHO IS AN INSURED, or any employee authorized by you to give or receive notice of an occurrence or claim: a. Reports all, or any part of, such bodily Injury or property damage to us or any other insurer; b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage; or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. LCU 00 0101 18 1 © 2017 Liberty Mutual Insurance Pagel of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPRIETARY AND CONFIDENTIAL If such a listed insured or authorized employee knew, prior to the policy period, that the bodily injury, or property damage had occurred, then any continuation, change or resumption of such bodily injury, or property damage during or after the policy period will be deemed to have been known prior to the policy period. 4. Bodily injury or property damage which occurs during the policy period and which was not, prior to the policy period, known to have occurred or to have begun to occur by any insured listed under Paragraph 3. of SECTION II — WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim, includes any continuation, change or resumption of that bodily injury or property damage after the end of the policy period. 5. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured, then we will, where permitted, indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c., 3. and 4. above, an insured listed under Paragraph 3. of SECTION 11— WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION II — WHO IS AN INSURED 1. The first named insured is an insured. 2. Any organization that is a subsidiary of the first named Insured and over which you maintain ownership or majority interest as of the effective date of this policy, provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture, or limited liability company, you are an insured. Your executive officers and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 4. Each of the following is also an insured: a. Your volunteer workers but only while performing duties related to the conduct of your business, your employees, other than either your executive officers (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these employees or volunteer workers are insureds for: (1) Bodily injury or personal and advertising injury: (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business; LCU 00 01 01 18 © 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPRIETARY AND CONFIDENTIAL (b) To the spouse, child, parent, brother or sister of that co -employee or volunteer worker as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services However, Paragraphs (1)(a), (1)(b) and (1)(c) do not apply to the extent underlying insurance provides coverage for such person(s). Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co -employee or volunteer worker will not apply if the injured co -employee's or volunteer worker's sole remedy for such injury is provided under a workers' compensation law or any similar law. (2) Property damage to property: (a) Owned, occupied, used by; (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your employees, volunteer workers, any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your employee) or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative, if you die, but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. An ntorb:. i a ur However: (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within, and are not in addition to, the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use, but only if that person is an insured with respect to liability arising out of the ownership, maintenance, use or entrustment to others of covered autos. 5. Any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority interest, will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However: LCU 00 01 01 18 © 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPRIETARY AND CONFIDENTIAL a. Coverage under this provision is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, such coverage will be provided for no longer than that provided by underlying insurance; and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture, or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or suits brought; c. Persons or organizations making claims or bringing suits; or d. Coverages provided under this policy. 2. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy, except: a. Damage included in the products -completed operations hazard; and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying Insurance. 3. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily Injury and property damage included in the products -completed operations hazard. 4. Subject to Paragraphs 2. and 3. above, if either applies, the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. 5. If the applicable limits of insurance of underlying Insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages, subject to the terms and conditions of this policy, we will: a. In the event of reduction, pay in excess of the reduced applicable limits of underlying insurance or other insurance; or b. In the event of exhaustion, continue in force as underlying insurance, but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs, loss adjustment expenses, supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other Insurance. 6. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00 01 01 18 © 2017 Liberty Mutual Insurance Page 4 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPRIETARY AND CONFIDENTIAL 14. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes, laws, ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes, laws, ordinances or regulations. 15. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction, embargo or similar regulation imposed by the United States of America. 160- .Transfer of Rig ltS of ttecovery Against Others to Us a jf a��thst�red:ktasrghts tp a�ecoyeltal) or part of."aCtY,palrmentw#: flays made.under> b, e AnyIFecoverre'il4e applied as foJlouus: (1) Any person or, Iprgarnzatron, including the insured, that has paid an amount in excgss of the.appl�eb e: Fit of fhb plfcy wlifv�rntiuytectt; the anlci�t we haves.. (3) Lasflyr ot1 or orc ari}z6ti6n, including,th0 insured,,thathas par",d, igLAmo* over�y 1_ to, i ispolisy is a nY_.. eti fled`td Mtn tti�.Fet'nainder,. k EXpenses incurro, by us in the .exe Ise of the rights of recayety shall be apportioned arming the:.persons or w0rj6t OW rs wding.the In in1he ratio &*resrecaveneo'os fneily settled. 17. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt, your rights and duties will be transferred to your legal representative, but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However, in such event, notice of cancellation of this policy sent to the first named Insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. 18. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period, except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report the hazard to us as soon as practical after discovering the failure to disclose. 19. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However, when an agreed settlement or final judgment has been determined, we will promptly pay on behalf of the insured those sums failing within the terms of this policy. LCU 00 01 01 18 © 2017 Liberty Mutual Insurance Page 18 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. PROPRIETARY AND CONFIDENTIAL d. The total applicable limits of all underlying insurance do not decrease, except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements; and e. You notify us in writing, as soon as practicable, if any underlying Insurance is cancelled, not renewed, replaced or otherwise terminated, or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However, in the event of such failure, we will only be liable to the same extent that we would have been, had you fully complied with these requirements. 10. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for: (1) All premiums due under this policy; and (2) Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. ��,�,�Othet�ynsuraric ?t��t��itio clr�xfi�#�l�t�� 1�nsured pn st�ck5 ©�i!',I�suirance,, Jki Ypu hays agreed in:a written contract or agreement with the additiofial nsured,that.tkais nsurce world ��t'�i�� frpm � atlier�,nsuirat�c�e ��t�i��bt�; c tend rCyrng (tstzranc0,iiic ude �`thO pair, or orgy tion as.an `ad tt onal tr ur d,. i id` 12. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate, complete and based on information and representations you provided or made to us; b. We have issued this policy in reliance upon your information and representations. 13. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. LCU 00 01 01 18 © 2017 Liberty Mutual Insurance Page 17 of 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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. Schedule Where required by contract or written agreement prior to loss and allowed by law. In the state of AK, the premium charge is 1.85% of the total standard premium, subject to a minimum premium of $250 per policy. In the states of ID, MI, MT and SD, the premium charge is 2.0% of the total manual premium, subject to a minimum premium of $100 per policy. In the state of LA, the premium charge is 2.0% of the total standard premium, subject to a minimum premium of $250 per policy. In the states of NV and OR,the premium charge is 1.0% of the total manual premium, subject to a minimum premium of $250 per policy. Issued by The First Liberty Insurance Corporation27359 For attachment to Policy No.WC6-Z91-469954-103 Effective Date Premium $ Issued to Garco Construction Inc Endorsement No. WC 00 03 13 ® 1983 National Council on Compensation Insurance. Page 1 of 1 Ed. 04/0111984