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24-077.00ApolloMechanicalContractorsChillerReplacementCenterPlace DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 Contract No. 24-077 CONSTRUCTION AGREEMENT APOLLO MECHANICAL CONTRACTORS THIS CONSTRUCTION AGREEMENT(the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Apollo Mechanical Contractors ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies, and equipment and other items necessary for the construction and completion of the replacement of the refrigeration equipment on two walk-in coolers and one walk-in freezer(the"Work")in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below,assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work upon execution of this agreement, after supplying a mutually agreed to installation schedule which works for City event staff, and shall complete the Work no later than October 31, 2024, as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of$1,000.00 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. Construction Agreement Page 1 of 9 DocuSign Envelope ID:C80DD72F-EE81-43C3-B14C-A84369041465 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$37,700.00, plus Washington State Sales Tax of $3,355.30 (if applicable), for a total of$41,055.30, based on the bid submitted by Contractor(Exhibit B), and as may be adjusted in accordance with the Contract Documents. Compensation also includes$603.20 for the purchase of the payment and performance bonds. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code,state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name:Marci Patterson,City Clerk Name:Apollo Mechanical Contractors Phone: (509) 720-5000 Phone: 509-532-2190 Address: 10210 East Sprague Avenue Address:PO Box 7287 Spokane Valley,WA 99206 Kennewick,WA 99336 7.Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws, codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement,the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment,declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. Construction Agreement Page 2 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://Ini.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater Construction Agreement Page 3 of 9 DocuSign Envelope ID:CSODD72F-EE81-43C3-B14C-A84369041465 period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered, and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. A.Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO)form CA 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03. 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, Construction Agreement Page 4 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2.Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4.Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the Construction Agreement Page 5 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims,injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Costs and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 23.Subcontractor Responsibility. Contractor shall not retain subcontractors to complete any of the Work without City's prior written permission.If subcontracting is allowed,then,as required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required Construction Agreement Page 6 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 25.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. Construction Agreement Page 7 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 E. Sanctions for Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling,terminating, or suspending the Agreement,in whole or in part. F. Incorporation of Provisions. Contractor shall include the provisions of Section 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto.Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,(prohibits discrimination based on race,creed, color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Construction Agreement Page 8 of 9 DocuSign Envelope ID:C8ODD72F-EE81-43C3-B14C-A84369041465 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg.at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 29. Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause,or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work/Cost Statement B. Insurance Endorsements C. Performance and Payment Bond The Parties have executed this Agreement this 2 " day of 2024. CITY OF SPOKANE VALLEY: Contractor: APOLLO MECHANICAL CONTRACTORS e--1n1DoeuSigned by: ��II ifeluAlswort hn Hohman, CityManager B �1t7[P464�'r' Worth-Vice President g Y Its: Authorized Representative APPROVED AS TO FORM: Office f t e City orney Construction Agreement Page 9 of 9 Exhibit A —MECHANICAL CONTRACTORS— PROJECT PROPOSAL Company Remit To Proposal Date:3/7/2024 Apollo Mechanical Apollo Mechanical Proposal Number: FS07111 4114 E. Boone Ave Contractors Spokane,WA 99202 PO Box 7287 Ph: 509-532-2190 Kennewick,WA 99336 Bill To Identity Agreement Location Spokane Valley Center Place Event Center Spokane Valley Center Place Event Center Brian Moat Brian Moat OUR PROPOSAL INCLUDES: • Replace the refrigerationequipment e ui ment on 2 walk-in coolers and 1 walk-in Freezer • Reuse existing condensing unit stands • Reuse existing electrical circuits and disconnects • Replace refrigeration piping • Replace all pipe installation/UV protective insulation outside • Reuse condensate piping • Replace heat tape on condensate line and reinsulate • Prevailing Wage • Permit • Startup OUR PROPOSAL EXCLUDES: • plan review, engineering, temporary heating and cooling, any abatement and tax WARRANTY: Our warranty on work performed is one (1) year, parts and labor. TOTAL COST $37,700.00 Page 11 Spokane .....Valley BOND NO:30218360 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Apollo Mechanical Contractors (Contractor), as Principal, a contract for the construction of the project designated as CenterPlace Refrigeration Replacement Project No. 24-077 in Spokane Valley,Waal'ngton,and sad Rind pat is reui rod unda the torms of the Contrat to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Prindpa, and Western Surety Company (Surety), a corporation, organized under the laws of SD and I i used to do busi ncic in the State of Washington as surety aid naned in the current list of"Surety CompaniesAcceptthlein Federal Bonds" as published in the Federal Register by theAudit Staff Bureau of Accounts,U.S.Treasury Dept.,aejointly and severally held and firmly bound to the City of Spokane Val ley,as Obligee,in the sum of$41,055.30 total Contract amount(including Washington State saf es tax),subject to the provisions herein. This performance bond shall become null and void, if aid when the Principal, its heirs,executors,administrators,successors, or assi gns that I well and fa thf ul I y perform all of the Pri nci pal's obl i gati ons under the Contract and fulfill all the terms and condi ti ons of all duly authorized modifications additions, and changes to sad Contract that may hereafter be made,at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold hamless the Obligee from any defects in the workmanship and material s incorporated into the work for the period identified in the Contract;and if such performance obl igati ons have not been fulfilled,this bond she I rema n in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompany'ng the Contract,or to the work to be performed uncle-the Contract shall in any way affect its obligation on this bond,and waves notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and charges to the terms and conditions of the Contract that increase the total amount to be pad the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two on gi nal counterpats,and that I be signed by the pati es' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attomey for the office-executing on behalf of the surety. A I o Mechanical Contractors Western Surety Company PR N IPAL(CONTRACTOR) 1191M ht (� �C�-.t.�-�-� (`��`�� r"��V‘k 114A4 4/18/2024 Principal Lure Date Surety Signature Date . li I( `ija:-K-L- 0 Lori McKimmy Printed Nane Printed Nane �(AL C )(1 ��D Attorney-in-Fact Title � Title Nane,address,and telephone of local office'agent of Surety Company is Kenneth J. Frick 112 South Fourth Street,Yakima,WA 98901 509-248-3515 Updated February 9,2023 Spokane s s �sValleyw 3 BOND NO: 0218360 CONTRACTOR'S PAYM ENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Spokane County,Washington, has awarded to Apollo Mechanical Contractors (Contractor), as Rind pe, a contract for the construction of the project designated asCenterPlace Refrigeration Replacement Project No. 24-077 in Spokaie Valley, Washington, and said Principe is required under the terms of the Contract to fumish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principe, and Western Surety Company (Surety), a corporation organized under the I aws SD and l i censed to do bus ness in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds' as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the aim of$41,055.30 tote Contract amount(including Washington State sees tax), subject to the provi s ons herein. This payment bond she become null aid void,if aid when the Principal, its hers,exectutors, administrators, alcces Jrs,or assigns shall pay el persons in accordance with chapters 39.08 and 39.12 RCW, induding all workers,laborers,mechanics, subcontractors,and material men,and al I pesonswho she I supply such contractor or s.tbcontrartor with provi s ons aid supplies for the carying on of suds work; and small indemnify aid hod harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the faiIureof Principal to make such required payments,aid if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in my way affect its obligation on this bond,except as provided herein,and waves notice of my change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms aid conditions of the Contract that increase the tote amount to be pad the Principal did I automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two origind counterparts,and she!be signed by the pati es'duly authorized officers This bond will only beaccepted if it isacoompaiied by afully executed aid origind power of attorney for the officer executing on behalf of the surety. A olio Mechanical Contractors Western Surety Company JRINCIPAL(CONTRACTOR) 4,2-L4 SURY L1/`� WET111 tritXl VULOA I 4/18/2024 FFhdpd nature Date Surety Signature Date i Lori McKimmy Printed Nam Printed Nane 4.%�l _ C / Cf' Attorney-in-Fact Title Title Name,address aid telephone of local office/agent of Surety Company is Kenneth J.Frick 112 South Fourth Street,Yakima,WA 98901 509-248-3515 Updated Februay 9,2023 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby make, constitute and appoint Donna S Martinez, Rod Lewis,Kenneth J Frick,Lori McKimmy,Individually of Yakima,WA,its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on its behalf bonds, undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by the shareholders of the corporation. In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed on this 21st day of July,2022. s�aE~ WESTERN SURETY COMPANY 00,94 Wt. =N'4 tnIn .,�uEA�pa ramiiii Paul T.Bruflat,Vice President State of South Dakota ) Jt ss County of Minnehaha On this 21st day of July,2022,before me personally came Paul T.Bruflat,to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is the Vice President of WESTERN SURETY COMPANY described in and which executed the above instrument;that be knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporation. My commission expires ",,,,,,,,"„"„ M.BENT i l�J.r NOTAFIY PUBLIC�ive�, i March 2,2026 sourH DAKoTA t 3 i 192. 461414t. M.Bent,Notary Public CERTIFICATE I.L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporation this 18th day of April,2024. aSyaErr0xk WESTERN SURETY COMPANY w. 4} , =W:4 .1D ,ti ��rN DpK�F L.Nelson.Assistant Secretary Form F4280-7-2012 Go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage,if you want to verify bond authenticity. Client#: 183175 APOLINC3 ACORDrc CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)4/18/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTNAME: Trisha Trisha Hankey Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): (A/C,No): 601 Union Street; Suite 3400 mass, trisha.hankey@propelinsurance.com - COM Construction INSURER(S)AFFORDING COVERAGE NAIL# Seattle,WA 98101-1371 Zurich American Insurance Company INSURER A: P Y 16535 INSURED INSURER B:Lexington Insurance Company 19437 Apollo Sheet Metal, Inc. dba Apollo INSURER C:Upland Specialty Insurance Company Mechanical Contractors INSURER D: P 0 Box 7287 INSURER E: Kennewick,WA 99336 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 EFF POLICY EXP LIMITS LTRINSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY GL0011031005 04/01/2024 04/01/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE r X OCCUR PREMISES(EaEoNr.Currence) $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP011031105 04/01/2024 04/01/2025 COMBIaaccideNEDnt) $SINGLE LIMIT 2,000,000 (E X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ _ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY (Per accident) B UMBRELLA LIAB X OCCUR 029316160 04/01/2024 04/01/2025 EACH OCCURRENCE $10,000,000 C X EXCESS LIAB CLAIMS-MADE USXSL0086724 04/01/2024 04/01/2025 AGGREGATE $10,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION WC011030905 04/01/2024 04/01/2025 X STATUTE X FORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N All States E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N N/A (MandatorylnNH) WA&OH Stop Gap E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: SS3176 CENTERPLACE REFRIG RPLMNT. City of Spokane Valley is included as additional insured per the attached form(s). CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE P THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S6573296/M6492606 KTROO This page has been left blank intentionally. Policy Number GLO 0110310-04 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured APOLLO SHEET METAL, INC. Effective Date: 04-01-23 12:01 A.M., Standard Time Agent Name PROPEL INSURANCE Agent No. 73038-000 COMMON POLICY FORMS AND ENDORSEMENTS U-GU-1223-B CA 09-16 REVISED DEFINITION OF SPOUSE ENDORSEMENT U-GU-D-310-A 01-93 COMMON POLICY DECLARATIONS U-GU-619-A CW 10-02 SCHEDULE OF FORMS AND ENDORSEMENTS U-GU-319-F 01-09 IMPORTANT NOTICE - IN WITNESS CLAUSE U-GU-621-A CW 10-02 SCHEDULE OF NAMED INSURED (S) U-GU-406-B 07-15 INSTALLMENT PREMIUM SCHEDULE U-GU-1016-A CW 06-10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 01 23 11-13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 46 08-10 WASHINGTON COMMON POLICY CONDITIONS IL 01 98 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION U-GU-298-B CW 04-94 CANCELLATION BY US IL 00 03 09-08 CALCULATION OF PREMIUM U-GU-1191-A CW 03-15 SANCTIONS EXCLUSION ENDORSEMENT GENERAL LIABILITY FORMS AND ENDORSEMENTS U-GL-2162-A CW 02-19 ADDL INSD-AUTOMATIC-OWNERS/LESSEES/CONTR U-GL-1514-A CW 02-12 BROAD FORM PRODUCTS COVERAGE U-GL-1517-B CW 04-13 RECORD OR DISTRB OF MATRL OR INFO EXCL U-GL-1518-A CW 04-13 BROADENED NAMED INSURED U-GL-1521-B CW 01-19 BLANKET NOTIFICATION TO OTH CANC/NONREN U-GL-441-B CW 12-01 AIRCRAFT PROD. , GROUNDING & TESTING EXCL U-GL-851-B CW 06-04 EMPLOYEE BENEFITS LIAB (OCCURRENCE) COV U-GL-915-C CW 08-04 FELLOW EMPLOYEE COVERAGE ENDORSEMENT 1 U-GL-917-C CW 08-04 INCIDENTAL MEDICAL MALPRACTICE COV ENDT U-GL-923-B CW 06-04 SILICA OR SILICA MIXED DUST EXCLUSION U-GL-925-B CW 12-01 WAIVER OF SUBROGATION (BLANKET) ENDT. U-GL-D-851-B CW 09-04 EMPLOYEE BENEFITS LIAB (OCCURRENCE) COV U-GL-D-1115-B CW 09-04 COMMERCIAL GL COVERAGE PART DECLARATIONS CG 00 01 04-13 COMMERCIAL GENERAL LIABILITY COV FORM U-GL-1060-F CW 05-22 CONTRACTORS LIABILITY ENDORSEMENT UGL1171ACW 07-03 FUNGI OR BACTERIA EXCLUSION U-GL-1199-A MU 04-04 ASBESTOS EXCLUSION ENDORSEMENT U-GL-1294-A CW 10-06 LIMITED OPERATIONS-CONSOLIDATED WRAP-UP U-GL-1327-B CW 04-13 OTH INS AMNDMT-PRIMARY & NONCONTRIBUTORY U-GL-1347-A MU 02-08 LEAD LIABILITY EXCLUSION U-GL-1390-A CW 04-09 METHYL TERTIARY-BUTYL ETHER EXCLUSION U-GL-872-B CW 04-09 PREMIUM & REPORTS AGREEMENT-COMP RATED CG 01 23 03-97 INDIANA CHANGES POLLUTION EXCLUSION CG 01 34 08-03 MISSOURI CHANGES -POLLUTION EXCLUSION CG 01 81 05-08 WASHINGTON CHANGES CG 01 97 12-07 WA CHANGES-EMP RELATED PRACTICES-EXCL CG 32 69 09-08 AK TOTAL POLLUTION EXCL W BLDG HEATING CG 32 85 07-10 VA CHNGS - TOTAL POLLUTION W BLDG HEAT U-GL-1059-B CW 12-14 LIMITED POLLUTION COVERAGE-WORK SITE U-GL-2153-A CW 01-21 WHO IS AN INS AMEND-PRTNRSHPS & JV-BLNKT U-GL-852-A CW 07-96 EMPL BENEFITS LIAB (OCCURRENCE) DED ENDT CG 03 00 01-96 DEDUCTIBLE LIABILITY INSURANCE CG 04 37 05-14 ELECTRONIC DATA LIABILITY ENDORSEMENT CG 20 07 12-19 ADDL INSD - ENGRS,ARCHITECT OR SURVEYORS CG 20 32 12-19 ADDL INSD-ENGRS ARCHTS OR SURVEYORS CG 21 54 12-19 EXCL-DESIG OPS COVRD BY WRAP-UP INS PROG CG 21 65 12-04 TOTAL POLLUTION EXCL-WITH EXCEPTIONS U-GU-619-A CW(10/02) Policy Number GLO 0110310-04 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured APOLLO SHEET METAL, INC. Effective Date: 04-01-23 12:01 A.M., Standard Time Agent Name PROPEL INSURANCE Agent No. 7 3 0 3 8-0 0 0 CG 21 73 01-15 EXCLUSION OF CERTIFIED ACTS OF TERRORISM CG 21 86 12-04 EXCL-EXTERIOR INSULATION & FINISH SYSTEM CG 22 79 04-13 EXCL-CONTRACTORS-PROF LIAB CG 24 14 04-13 WAIVER OF GOVERNMENTAL IMMUNITY CG 24 17 10-01 CONTRACTUAL LIABILITY - RAILROADS CG 25 03 05-09 DESIGNATED CONSTRUCTION PROJECTS GENERAL CG 25 04 05-09 DESIGNATED LOCATIONS GENERAL AGGREGATE U-GU-619-A CW(10/02) Policy Number GLO 0110310-04 SCHEDULE OF NAMED INSURED(S) ZURICH AMERICAN INSURANCE COMPANY Named Insured APOLLO SHEET METAL, INC. Effective Date: 04-01-23 12:01 A.M., Standard Time Agent Name PROPEL INSURANCE Agent No. 73038-000 NAMED INSURED APOLLO SHEET METAL, INC. APOLLO HEATING AND AIR CONDITIONING APOLLO CONSTRUCTION SERVICES APOLLO INC. DBA APOLLO FEDERAL SERVICES APOLLO SOLUTIONS GROUP APOLLO INC DBA APOLLO CONSTRUCTION INC. APOLLO, INC. APOLLO SHEET METAL INC. DBA APOLLO HEATING & AIR CONDITIONING APOLLO SHEET METAL INC. DBA APOLLO CONSTRUCTION SERVICES APOLLO SHEET METAL INC. DBA APOLLO SOLUTIONS GROUP APOLLO SHEET METAL INC. DBA APOLLO MECHANICAL CONTRACTORS, ENVIRONMENTAL DIVISION APOLLO SHEET METAL INC. DBA APOLLO MECHANICAL CONTRACTORS APOLLO FEDERAL SERVICES APOLLO MECHANICAL CONTRACTORS APOLLO SHEET METAL DBA: APOLLO FEDERAL SERVICES APOLLO SHEET METAL DBA: APOLLO CONSTRUCTION INC. BLR HOLDINGS, INC. , LLC APOLLO ENVIRONMENTAL BWR HOLDINGS LLLP U-GU-621-A CW(10/02) 0 Additional Insured — Automatic — Owners, Lessees Or Z U RIC H Contractors THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0110310-04 Effective Date: 04/01/2023 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II —Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured under a written contract or written agreement executed by you, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" and subject to the following: 1. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (10/01 edition); or b. The ISO CG 20 37 (10/01 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" arises out of: (1) Your ongoing operations, with respect to Paragraph 1.a. above; or (2) "Your work", with respect to Paragraph 1.b. above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 1., insurance afforded to such additional insured: (a) Only applies if the"bodily injury","property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (b) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 2. If such written contract or written agreement specifically requires that you provide that the person or organization be named as an additional insured under one or both of the following endorsements: a. The Insurance Services Office (ISO) ISO CG 20 10 (07/04 edition); or b. The ISO CG 20 37 (07/04 edition), such person or organization is then an additional insured with respect to such endorsement(s), but only to the extent that"bodily injury", "property damage"or"personal and advertising injury" is caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, U-GL-2162-A CW(02/19) Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. in the performance of: (a) Your ongoing operations, with respect to Paragraph 2.a. above; or (b) "Your work" and included in the "products-completed operations hazard", with respect to Paragraph 2.b.above, which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 2., insurance afforded to such additional insured: (i) Only applies if the "bodily injury", "property damage" or "personal and advertising injury" offense occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (ii) Does not apply to "bodily injury" or"property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. 3. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 10 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to ongoing operations (if no form is specified), such person or organization is then an additional insured only to the extent that "bodily injury", "property damage" or"personal and advertising injury" is caused, in whole or in part by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf, in the performance of your ongoing operations,which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 3., insurance afforded to such additional insured: (a) Only applies to the extent permitted by law; (b) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; and (c) Only applies if the"bodily injury", "property damage"or"personal and advertising injury"offense occurs during the policy period and subsequent to your execution of the written contract or written agreement. 4. If neither Paragraph 1. nor Paragraph 2. above apply and such written contract or written agreement requires that you provide that the person or organization be named as an additional insured: a. Under the ISO CG 20 37 (04/13 edition, any subsequent edition or if no edition date is specified); or b. With respect to the "products-completed operations hazard" (if no form is specified), such person or organization is then an additional insured only to the extent that"bodily injury"or"property damage" is caused, in whole or in part by"your work" and included in the "products-completed operations hazard", which is the subject of the written contract or written agreement. However, solely with respect to this Paragraph 4., insurance afforded to such additional insured: (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured; (3) Only applies if the "bodily injury" or"property damage" occurs during the policy period and subsequent to your execution of the written contract or written agreement; and (4) Does not apply to "bodily injury" or "property damage" caused by "your work" and included within the "products-completed operations hazard" unless the written contract or written agreement specifically requires that you provide such coverage to such additional insured. U-GL-2162-A CW(02/19) Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. B. Solely with respect to the insurance afforded to any additional insured referenced in Section A. of this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings 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 the failure to render any professional architectural, engineering or surveying services. C. Solely with respect to the coverage provided by this endorsement,the following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV—Commercial General Liability Conditions: The additional insured must see to it that: (1) We are notified as soon as practicable of an "occurrence"or offense that may result in a claim; (2) We receive written notice of a claim or"suit"as soon as practicable; and (3) A request for defense and indemnity of the claim or"suit"will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. Solely with respect to the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition under Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance,whether primary, excess,contingent or on any other basis,available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this Coverage Part by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. Solely with respect to the insurance afforded to an additional insured under Paragraph A.3. or Paragraph A.4. of this endorsement, the following is added to Section III— Limits Of Insurance: Additional Insured—Automatic—Owners, Lessees Or Contractors Limit The most we will pay on behalf of the additional insured is the amount of insurance: U-GL-2162-A CW(02/19) Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 1. Required by the written contract or written agreement referenced in Section A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2162-A CW(02/19) Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. POLICY NUMBER: GLO 0110310-04 COMMERCIAL GENERAL LIABILITY CG20321219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - ENGINEERS, ARCHITECTS OR SURVEYORS NOT ENGAGED BY THE NAMED INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name(s) Of Additional Insured Engineer(s), Architect(s) Or Surveyor(s) Not Engaged By The Named Insured: ANY ENGINEERS, ARCHITECTS OR SURVEYORS WHILE NOT ENGAGED BY YOU, TO WHOM OR TO WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO THE LOSS. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the architects, additional insureds, the following additional engineers or surveyors shown in the Schedule, but exclusion applies: only with respect to liability for "bodily injury", This insurance does not apply to "bodily injury", "property damage" or "personal and advertising "property damage" or "personal and advertising injury" caused, in whole or in part, by: injury"arising out of the rendering of or the failure 1. Your acts or omissions; or to render any professional services, including: 2. The acts or omissions of those acting on your 1. The preparing, approving, or failing to prepare behalf; or approve, maps,drawings, opinions,reports, in the performance of your ongoing operations surveys, change orders, designs or performed by you or on your behalf. specifications; or Such architects, engineers or surveyors, while not 2. Supervisory, inspection or engineering engaged by you, are contractually required to be services. added as an additional insured to your policy. This exclusion applies even if the claims against However, the insurance afforded to such additional any insured allege negligence or other insured: wrongdoing in the supervision, hiring, 1. Only applies to the extent permitted by law; and employment, training or monitoring of others by 2. Will not be broader than that which you are that insured, if the"occurrence"which caused required by the contract or agreement to provide the "bodily injury"or"property damage", or the for such additional insured. offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services. CG 20 32 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds,the following is added to Section insurance; III—Limits Of Insurance: whichever is less. The most we will pay on behalf of the additional This endorsement shall not increase the insured is the amount of insurance: applicable limits of insurance. 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 32 12 19 Other Insurance Amendment — Primary And Non- Contributory ZURICH Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'l.Prem Return Prem. GLO 0110310-04 04/01/2023 04/01/2024 73038000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Address (including ZIP Code): This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part • 1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW(04/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Waiver Of Subrogation (Blanket) Endorsement Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer Add'l Prem. Return Prem. GLO 0110310-04 04/01/2023 04/01/2024 73038000 $ INCL $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement,which is executed before a loss,to waive your rights of recovery from others,we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B CW(12/01) Page 1 of 1 0 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLO 0110310-04 Effective Date: 04/01/2023 This endorsement applies to insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within 10 days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal, unless a greater number of days is shown in the Schedule of this endorsement for the mailing or delivering of such notification with respect to Paragraph B.1. or Paragraph B.2. above. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. U-GL-1521-B CW(01/19) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. SCHEDULE The total number of days for mailing or delivering with respect to Paragraph B.1. of this endorsement is amended to indicate the following number of days: The total number of days for mailing or delivering with respect to Paragraph B.2. of ** this endorsement is amended to indicate the following number of days: * If a number is not shown here, 10 days continues to apply. ** If a number is not shown here, 30 days continues to apply. All other terms and conditions of this policy remain unchanged. U-GL-1521-B CW(01/19) Page 2 of 2 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. POLICY NUMBER:GLO 0110310-04 COMMERCIAL GENERAL LIABILITY CG25030509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): A GENERAL AGGREGATE LIMIT APPLIES TO EACH CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS, HOWEVER, A GENERAL AGGREGATE LIMIT DOES NOT APPLY TO ANY CONSTRUCTION PROJECT WHERE THE NAMED INSURED IS PERFORMING OPERATIONS THAT ARE INSURED UNDER A WRAP UP OR ANY OTHER CONSOLIDATED OR SIMILAR INSURANCE PROGRAM. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. • A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences"under Section I —Coverage A,and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I —Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A,except General Aggregate Limit shown in the damages because of"bodily injury"or Declarations, such limits will be subject to the "property damage"included in the "products- applicable Designated Construction Project completed operations hazard", and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 0 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I —Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage"included in under Section I —Coverage C, which cannot be the"products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable; and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ❑ POLICY NUMBER:GLO 0110310-04 COMMERCIAL GENERAL LIABILITY CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): EACH LOCATION, OTHER THAN CONSTRUCTION PROJECTS, OCCUPIED BY THE NAMED INSURED Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits"brought; or obligated to pay as damages caused by c. Persons or organizations making claims or "occurrences"under Section I —Coverage A,and bringing "suits". for all medical expenses caused by accidents under Section I —Coverage C, which can be 3. Any payments made under Coverage A for attributed only to operations at a single damages or under Coverage C for medical designated "location"shown in the Schedule expenses shall reduce the Designated above: Location General Aggregate Limit for that 1. separate Designated Location General designated "location". Such payments shall A g not reduce the General Aggregate Limit Aggregate Limit applies to each designated shown in the Declarations nor shall they "location", and that limit is equal to the amount reduce any other Designated Location of the General Aggregate Limit shown in the General Aggregate Limit for any other Declarations. designated "location"shown in the Schedule 2. The Designated Location General Aggregate above. Limit is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A,except damages Occurrence, Damage To Premises Rented To because of"bodily injury"or"property You and Medical Expense continue to apply. damage"included in the "products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the under Coverage C regardless of the number Declarations, such limits will be subject to the of: applicable Designated Location General a. Insureds; Aggregate Limit. CG 25 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 D B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard"is "occurrences"under Section I —Coverage A,and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or "property damage"included in under Section I —Coverage C, which cannot be the"products-completed operations hazard"will attributed only to operations at a single reduce the Products-completed Operations designated "location"shown in the Schedule Aggregate Limit, and not reduce the General above: Aggregate Limit nor the Designated Location 1. Any payments made under Coverage A for General Aggregate Limit. damages or under Coverage C for medical D. For the purposes of this endorsement, the expenses shall reduce the amount available Definitions Section is amended by the addition of under the General Aggregate Limit or the the following definition: Products-completed Operations Aggregate "Location"means premises involving the same or Limit, whichever is applicable; and connecting lots, or premises whose connection is 2. Such payments shall not reduce any interrupted only by a street, roadway, waterway Designated Location General Aggregate Limit. or right-of-way of a railroad. E. The provisions of Section III —Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 04 05 09 0 POLICY NUMBER: GLO 0110310-04 COMMERCIAL GENERAL LIABILITY CG24171001 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY - RAILROADS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Scheduled Railroad: Designated Job Site: ONLY THOSE REQUIRED BY WRITTEN ONLY THOSE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT, EXECUTED CONTRACT OR AGREEMENT, EXECUTED PRIOR TO LOSS, EXCEPT WHERE PRIOR TO LOSS, EXCEPT WHERE PROHIBITED BY LAW PROHIBITED BY LAW (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect to operations performed for, or affecting, Paragraph f. does not include that part of any a Scheduled Railroad at a Designated Job Site, the contract or agreement: definition of "insured contract" in the Definitions sec- (1) That indemnifies an architect, engineer or tion is replaced by the following: surveyor for injury or damage arising out 9. "Insured Contract"means: of: a. A contract for a lease of premises. However, (a) Preparing, approving or failing to pre- ; that portion of the contract for a lease of pare or approve maps, shop drawings, premises that indemnifies any person or or- opinions, reports, surveys, field orders, ganization for damage by fire to premises while change orders or drawings and specifi- rented to you or temporarily occupied by you cations; or with permission of the owner is not an "insured (b) Giving directions or instructions, or contract'; failing to give them, if that is the primary b. A sidetrack agreement; cause of the injury or damage; c. Any easement or license agreement; (2) Under which the insured, if an architect, d. An obligation, as required by ordinance, to engineer or surveyor, assumes liability for indemnify a municipality, except in connection an injury or damage arising out of the in with work for a municipality; sured's rendering or failure to render pro- fessional services, including those listed in e. An elevator maintenance agreement; Paragraph (1) above and supervisory, in- f. That part of any other contract or agreement spection, architectural or engineering activi- pertaining to your business (including an in- ties. demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. CG 24 17 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 0 Policy Number BAP 0110311-04 SCHEDULE OF FORMS AND ENDORSEMENTS Zurich American Insurance Company Named Insured APOLLO SHEET METAL, INC. Effective Date: 04-01-23 12:01 A.M., Standard Time Agent Name PROPEL INSURANCE Agent No. 73038-000 COMMON POLICY FORMS AND ENDORSEMENTS U-GU-D-310-A 01-93 COMMON POLICY DECLARATIONS U-GU-619-A CW 10-02 SCHEDULE OF FORMS AND ENDORSEMENTS U-GU-319-F 01-09 IMPORTANT NOTICE - IN WITNESS CLAUSE U-GU-621-A CW 10-02 SCHEDULE OF NAMED INSURED (S) U-GU-406-B 07-15 INSTALLMENT PREMIUM SCHEDULE U-GU-1016-A CW 06-10 KNOWLEDGE BY POSITION OR DEPARTMENT IL 01 23 11-13 WASHINGTON CHANGES - DEFENSE COSTS IL 01 46 08-10 WASHINGTON COMMON POLICY CONDITIONS IL 01 98 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION U-GU-298-B CW 04-94 CANCELLATION BY US IL 00 03 09-08 CALCULATION OF PREMIUM U-GU-1191-A CW 03-15 SANCTIONS EXCLUSION ENDORSEMENT AUTOMOBILE FORMS AND ENDORSEMENTS CA 20 54 11-20 EMPLOYEE HIRED AUTOS U-CA-387-A 07-94 SCHEDULE OF LOSS PAYEE (S) CA 20 01 . 11-20 LESSOR-ADDL INSURED AND LOSS PAYEE U-CA-411-E CW 02-14 PREMIUM AND REPORTS AGREEMENT-COMPOSITE U-CA-548-A CW 10-06 SCHEDULE OF AUTO PHYSICAL DAMAGE DEDUCTI U-CA-D-600-D 10-21 BUSINESS AUTO DECLARATIONS CA 00 01 11-20 BUSINESS AUTO COVERAGE FORM CA 03 01 10-13 DEDUCTIBLE LIABILITY COVERAGE CA 03 02 10-13 DEDUCTIBLE LIABILITY COVERAGE CA 01 13 10-13 COLORADO CHANGES CA 01 35 02-21 WASHINGTON CHANGES CA 01 36 10-13 NEVADA CHANGES CA 01 49 10-13 OREGON CHANGES U-CA-832-A CW 01-13 BLANKET NOTIFCATION TO OTH CANC/NONREN CA 21 05 01-16 OREGON UM COVERAGE - BODILY INJURY CA 22 36 11-16 OR PERSONAL INJURY PROTECTION CA 01 72 10-13 MT CHANGES - AUTO MED PAY COVERAGE CA 04 40 10-13 CO - AUTO MEDICAL PAYMENTS COVERAGE CA 23 45 11-20 PUBLIC LIVERY & ON-DEMAND DELIVRY EXCL CA 31 17 10-13 OH UM COVERAGE- PROPERTY DAMAGE CA 99 48 10-13 POLLUTION LIAB BROAD COV FOR COV AUTO U-CA-424-H CW 10-21 COVERAGE EXTENSION ENDORSEMENT U-CA-816-B CW 10-21 AMENDMENT OF DECLARATIONS - ITEM 4 U-CA-825-B CW 02-14 WHO IS AN INSURED AMENDMENT - BROAD FORM CA 99 03 10-13 AUTO MEDICAL PAYMENTS COVERAGE CA 01 21 10-13 LIMITED MEXICO COVERAGE CA 20 48 10-13 DESIGNATED INSURED CA 99 23 10-13 RENTAL REIMBURSEMENT COVERAGE CA 99 44 10-13 LOSS PAYABLE CLAUSE CA 99 60 10-13 AUDIO VISUAL & DATA ELEC EQUIP COV CA 99 33 10-13 EMPLOYEES AS INSUREDS U-GU-619-A CW(10/02) Policy Number BAP 0110311-04 SCHEDULE OF NAMED INSURED(S) ZURICH AMERICAN INSURANCE COMPANY Named Insured APOLLO SHEET METAL, INC. Effective Date: 04-01-23 12:01 A.M., Standard Time Agent Name PROPEL INSURANCE Agent No. 7 3 0 3 8—0 0 0 NAMED INSURED APOLLO SHEET METAL, INC. APOLLO CONSTRUCTION SERVICES APOLLO ENVIRONMENTAL APOLLO FEDERAL SERVICES APOLLO HEATING AND AIR CONDITIONING APOLLO INC DBA APOLLO CONSTRUCTION INC. APOLLO INC DBA APOLLO FEDERAL SERVICES APOLLO MECHANICAL CONTRACTORS APOLLO SHEET METAL DBA: APOLLO CONSTRUCTION INC. APOLLO SHEET METAL DBA: APOLLO FEDERAL SERVICES APOLLO SHEET METAL INC. DBA APOLLO CONSTRUCTION SERVICES APOLLO SHEET METAL INC. DBA APOLLO HEATING & AIR CONDITIONING APOLLO SHEET METAL INC. DBA APOLLO MECHANICAL CONTRACTORS APOLLO SHEET METAL INC. DBA APOLLO MECHANICAL CONTRACTORS, ENVIRONMENTAL DIVISION APOLLO SHEET METAL INC. DBA APOLLO SOLUTIONS GROUP APOLLO SOLUTIONS GROUP APOLLO, INC. BLR HOLDINGS, INC. , LLC BWR HOLDINGS LLLP U-GU-621-A CW(10/02) POLICY NUMBER: BAP 0110311-04 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: APOLLO SHEET METAL, INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 2 Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 2 of 2 Coverage Extension Endorsement Z U RCH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. BAP 0110311-04 Effective Date: 04/01/2023 This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section II—Covered Autos Liability Coverage: The following are also"insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any"employee"of yours is also an"insured"while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured"while using a covered "auto"you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. i c. Anyone else who furnishes an "auto"referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s)where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of Insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any"accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment—Supplementary Payments Paragraphs a.(2)and a.(4)of the Coverage Extensions Provision in Section II—Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the 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. C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section II—Covered Autos Liability Coverage does not apply. U-CA-424-H CW(10/21) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section II—Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in B. Exclusions of Section III — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in B. Exclusions of Section IV—Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "loss"to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. Any: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2.of the Physical Damage Coverage Section is replaced by the following: We will pay up to$75 for towing and labor costs incurred each time a covered "auto"that is a "private passenger type", light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. As used in this provision,"private passenger type"means a private passenger or station wagon type"auto"and includes an "auto"of the pickup or van type if not used for business purposes. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced,the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage—Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; U-CA-424-H CW(10/21) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. (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 for any expenses for loss of use is $100 per day, to a maximum of$3000. I. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to$750 for"loss"to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for"loss"to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However,we will not pay for"loss"to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold,silver, platinum,or other precious alloys or metals;furs or fur garments;jewelry,watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph B.4.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a.Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto"at the time of"loss". The most we will pay for such"loss"to tapes, records,discs or other similar devices is$500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III— Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph B.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: U-CA-424-H CW(10/21) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller(or smallest)deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller(or smallest)deductible, it will be reduced by the amount of the smaller(or smallest)deductible. M. Temporary Substitute Autos—Physical Damage 1. The following is added to Section I —Covered Autos: Temporary Substitute Autos—Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos"for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto"you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos— Physical Damage We will pay the owner for"loss"to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. N. Amended Duties In The Event Of Accident, Claim, Suit Or Loss Paragraph a.of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following: a. In the event of"accident", claim, "suit"or"loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or"loss". However, these duties only apply when the "accident", claim, "suit" or"loss" is known to you (if you are an individual), a partner(if you are a partnership), a member(if you are a limited liability company)or an executive officer or insurance manager(if you are a corporation). The failure of any agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or"loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How,when and where the"accident"or"loss"occurred and if a claim is made or"suit" is brought,written notice of the claim or"suit" including, but not limited to, the date and details of such claim or"suit"; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an"accident", claim,"suit"or"loss"to another insurer when you should have reported to us,your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. O. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: U-CA-424-H CW(10/21) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or"loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. P. Employee Hired Autos—Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance—Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee"or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered "auto". Q. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However,we will not deny coverage under this Coverage Form if you unintentionally: (1) Fail to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of"autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy. R. Hired Auto—World Wide Coverage Paragraph 7.b.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere else in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, S. Bodily Injury Redefined The definition of"bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. T. Expected Or Intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section II —Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the"insured". This exclusion does not apply to "bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. U. Physical Damage—Additional Temporary Transportation Expense Coverage Paragraph A.4.a. of Section III—Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of$1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto"of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its"loss". U-CA-424-H CW(10/21) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. V. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type,we will pay an additional 10% of the cost of the replacement"auto", excluding tax,title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of$2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative fuel source within 60 calendar days of the payment of the "loss"and evidenced by a bill of sale or new vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. W. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered"auto" is stolen and recovered,we will pay the cost of transport to return the"auto"to you. We will pay only for those covered "autos"for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-H CW(10/21) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. 0 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. Eff.Date of Pol. Exp.Date of Pol. Eff.Date of End. Producer No. Add'1.Prem Return Prem. BAP 0110311-04 04/01/2023 04/01/2024 73038000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. COMMERCIAL INSURANCE SCHEDULE OF FORMS AND ENDORSEMENTS Policy Number: WC 0110309-04 Form Number& Edition Date Form Name FORMS AND ENDORSEMENTS U-WC-3068-B CA 04-18 CA NOTICE - WAIVER OF WC COVERAGE U-WC-D-314-A 07-94 WORKERS COMPENSATION INFORMATION PAGE WC 99 03 02 05-04 FOREIGN VOLUNTARY COMPENSATION WC 99 03 02 CA 05-19 FOREIGN VOLUNTARY COMPENSATION U-GU-1223-B CA 09-16 REVISED DEFINITION OF SPOUSE ENDORSEMENT U-WC-315-A 07-94 CLASSIFICATION SCHEDULE U-WC-D-322-A 07-94 SUPPLEMENTAL INFORMATION PAGE WC 00 00 00 C 01-15 INSURANCE POLICY WC 00 01 06 A 04-92 LONGSHORE/HARBOR WORKERS' COMP COVG ENDT WC 00 03 01 A 02-89 ALTERNATE EMPLOYER ENDORSEMENT WC 00 03 03 C 10-04 EMPLOYERS LIABILITY COV ENDT WC 00 04 04 04-84 PENDING RATE CHANGE ENDORSEMENT WC 00 04 14 07-90 NOTIFICATION OF CHANGE IN OWNERSHIP ENDT WC 00 04 14 A 01-19 90DAY REPORT-NOTIF CHANGE IN OWNERSHIP WC 00 04 21 C 09-08 CATASTROPHE (OTHER THAN CERT ACTS) ENDT WC 00 04 21 D 01-15 CATASTROPHE (OTHER THAN CERT ACTS) ENDT 1 WC 00 04 21 F 08-22 CATASTROPHE (OTHER THAN CERT ACTS) ENDT WC 00 04 22 B 01-15 TERRORISM RISK PGM REAUTH ACT DISCL ENDT WC 00 04 22 C 01-21 TERRORISM RISK PGM REAUTH ACT DISCL ENDT WC 00 04 24 01-17 AUDIT NONCOMPLIANCE CHARGE ENDT WC 99 00 02 10-99 SCHEDULE OF INSUREDS AND LOCATIONS WC 00 03 13 04-84 WAIVER OF RIGHTS TO RECOVER FROM OTHERS WC 99 06 43 01-13 BLANKET NOTIFICATION TO OTH CANC/NONREN U-WC-320-A 07-94 SCHEDULE OF FORMS AND ENDORSEMENTS U-GU-406-B 07-15 INSTALLMENT PREMIUM SCHEDULE WC 00 03 11 A 08-91 VOLUNTARY COMPENSATION AND EMPLOYERS COV WC 00 03 02 04-84 DESIGNATED WORKPLACES EXCLUSION ENDT WC 00 04 06 A 07-95 PREMIUM DISCOUNT ENDT WC 02 06 01 C 09-21 AZ CANCELLATION AND NONRENEWAL ENDT WC 02 06 03 A 12-22 AZ AMENDATORY ENDT WC 04 03 01 D 02-18 CA POLICY AMENDATORY ENDORSEMENT WC 04 03 60 B 01-15 CA EMPLOYERS' LIAB COV AMENDATORY ENDT WC 04 04 21 01-08 CA OPTIONAL PREMIUM INCREASE ENDORSEMENT WC 04 06 01 B 01-22 CA CANCELATION ENDT WC 04 06 04 A 01-23 CA COVID19 REPORTING ENDT WC 05 04 02 11-90 CO CLASSIFICATION ENDORSEMENT WC 25 03 05 07-02 MT INTENTIONAL INJURY EXCLUSION ENDT WC 25 06 01 B 04-16 MT AMENDATORY ENDORSEMENT WC 25 06 02 01-94 MT SAFETY ENDORSEMENT WC 27 06 01 C 10-08 NV CANCELLATION AND NONRENEWAL ENDT WC 30 06 01 A 03-15 NM CANCELATION AND NONRENEWAL ENDT WC 36 06 01 E 01-08 OREGON CANCELLATION ENDORSEMENT WC 36 06 04 01-17 OREGON AMENDATORY ENDORSEMENT WC 43 06 02 07-02 UT CANCELLATION ENDORSEMENT WC 49 03 01 07-92 WY AMENDATORY ENDORSEMENT WC990001A 04-10 WC AND EMPLOYERS LIABILITY IN WITNESS WC 99 06 42 A 03-15 WASHINGTON CHANGES WC 99 06 83 01-15 NORTH DAKOTA CHANGES WC 04 04 22 01-12 CA SHORT-RATE CANCELATION ENDORSEMENT WC 36 06 03 01-11 OR EMP PAID MED CLAIMS ENDT WC 25 04 01 A 01-17 MT AUDIT NONCOMPLIANCE CHARGE ENDT U-WC-402-A 05-03 MODIFICATION OF TIME FOR NOTICE OF CANCL U-WC-402-B 09-03 MODIFICATION OF TIME FOR NOTICE OF CNCL U-WC-402-B (NV) 09-03 MODIFICATION OF TIME FOR NOTICE OF CNCL WC 00 04 19 01-01 PREMIUM DUE DATE ENDORSEMENT WC 00 04 19 A 08-22 PREMIUM AMENDATORY ENDORSEMENT WC 36 03 06 01-02 OR LIMITS OF LIABILITY ENDORSMENT U-GU-632-E CW 01-20 DISCLOSURE NOTICE OF TERRORISM COVERAGE U-WC-320-A(07-94) Page 1 Last page WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) 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 ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 04-01-23 Policy No.WC 0110309-04 Endorsement No. Insured APOLLO SHEET METAL, INC. Premium $ INCL. Insurance Company ZURICH AMERICAN INSURANCE COMPANY Countersigned By WC 00 03 13 (Ed. 4-84) m 1983 National Council on Compensation Insurance. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. Endorsement No. Insured Premium $ Insurance Company WC 99 06 43 Pagel of 1 (Ed.01-13) Includes copyright material of the National Council on Compensation Insurance,Inc.used with its permission. ©2012 Copyright National Council on Compensation Insurance,Inc.All Rights Reserved. SCHEDULE OF UNDERLYING INSURANCE Forms a part of Policy No.0 293 1 6 1 60 Issued to: APOLLO SHEET METAL, INC. By: LEXINGTON INSURANCE COMPANY Employers' Liability Company: Zurich American Insurance Company Policy Number:WC011030904 Policy Period: From: 04/01 /23 04/01/24 Minimum Applicable Limits: Bodily Injury by accident: $ 1 ,000,000 Each Accident Bodily Injury by disease $ 1 ,000,000 Each Employee Bodily Injury by disease $ 1 ,000,000 Policy Limit Commercial Auto Liability X Occurrence Claims Made Company: Zurich American Insurance Company Policy Number:BAP011031104 Policy Period: From: 04/01/23 To: 04/01/24 Minimum Applicable Limits: Each Occurrence: $ 2,000,000 CSL Commercial General Liability X Occurrence Claims Made Company: Zurich American Insurance Company Policy Number:GL0011031004 Policy Period: From: 04/01 /23 To: 04/01/24 Minimum Applicable Limits: Each Occurrence: $ 1 ,000,000 Personal and Advertising Injury: $ 1 ,000,000 General Aggregate: $ 2,000,000 Per Project Per Location Products/Completed Operations Aggregate: $2,000,000 Defense Expenses: (Limits of Liability) Inside X Outside Other Coverage: Employee Benefit Liability Occurrence Claims Made Company: Zurich American Insurance Company Policy Number:GL001 1031004 Policy Period: From: 04/01 /23 To: 04/01/24 Minimum Applicable Limits: Each Occurrence: $ 1 ,000,000 Other Aggregate $ 1 ,000,000 Defense Expenses: (Limits of Liability) Inside X Outside LX8009 11 2/06) Page 1 of 1 ENDORSEMENT This endorsement, effective 12:01 AM 04/01/2023 Forms a part of policy no.: 029316160 Issued to: APOLLO SHEET METAL, INC. By:LEXINGTON INSURANCE COMPANY PRIMARY AND NON-CONTRIBUTORY IF REQUIRED BY WRITTEN CONTRACT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY Provided that, all of the following conditions are met: 1. The written contract or written agreement requiring that the additional insured be added to this insurance also requires that this insurance be primary and non-contributory with respect to any other insurance carried by the additional insured; 2. Such written contract or written agreement is in effect during this "policy period" and executed prior to the "occurrence" of the "bodily injury" or "property damage"; and 3. Coverage required by such written contract or written agreement is provided in the applicable and collectible "scheduled underlying insurance" or would have been provided but for the exhaustion of the underlying limits of insurance; then notwithstanding any other provisions of this policy to the contrary, including, Paragraph K., Other Insurance of SECTION VI - CONDITIONS, with respect to those additional insureds added through written contract or written agreement for which coverage is provided pursuant to Subparagraph J.2.e. of SECTION V - DEFINITIONS, insurance provided under this policy shall be primary and non-contributory with respect to any other insurance providing coverage to such additional insureds, other than "scheduled underlying insurance". Notwithstanding the foregoing under no circumstances will coverage provided to such additional insureds under this policy be broader than the coverage provided under the "scheduled underlying insurance". This endorsement shall not reinstate or increase the limits of insurance shown on the Declarations. All other terms and conditions of the policy remain the same. Authorized Representative LX4305(06/14) Page 1 of 1 2. You have failed to fulfill the terms of a contractor agreement; if such property can be restored to use by: 1. The repair,replacement,adjustment or removal of"your product"or"your work";or 2. Your fulfilling the terms of the contractor agreement J. "Insured" means: 1. The"Named Insured"; 2. Except for liability arising our of the ownership,maintenance,or use of"covered autos"; a. If you are designated in the Declarations as: (1) 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; (2) A partnership or joint venture, you are an "Insured". Your members and your partners, and their spouses are also "Insureds", but only with respect to the conduct of your business; A limited liability company, you are an "Insured". Your members are also "Insureds", but only with (3) respect to the conduct of your business. Your managers are "Insureds",but only with respect to their duties as your managers; An organization other than a partnership, joint venture or limited liability company, you are an (4) "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; A trust, you are an "Insured". Your trustees are also "Insureds", but only with respect to their duties (5) as trustees; b• Your "volunteer workers" only while performing duties related to the conduct of your business.Your "employees"other than 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; or any claim or "suit" brought by or on behalf of the spouse,child,parent,brother or sister of that co-"employee"or"volunteer worker"as a consequence of such"bodily injury"or"personal and advertising injury",or; For which there is any obligation to share damages with or repay someone else who must pay (b) damages because of the injury described in Paragraphs(1)(i) above. (2) "Property damage"to property: (a) Owned,occupied or 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). c• Any person(other than your"employee"or"volunteer worker") or organization while acting as your real estate manager; 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; OC-UMBR LX9799(10/05) Page 14 of 24 e. My person or organization, other than the "Named Insured", included as an additional "Insured" under "scheduled underlying insurance", but not for broader coverage than would be afforded by such"scheduled underlying insurance". 3. Only with respect to liability arising out of the ownership, maintenance, or use of "covered autos": a. You are an "Insured"; b. Anyone else while using with your permission a"covered auto"you own,hire,or borrow is also an "Insured" except (1) The owner or anyone else from whom you hire or borrow a "covered auto". This exception does not apply if the"covered auto"is a trailer or semi-trailer connected to a"covered auto"you own; Your "employee" if the "covered auto" is owned by that "employee" or a member of his or her (2) household; Someone using a "covered auto" while he or she is working in a business of selling, servicing, (3) repairing,parking or storing"autos" unless that business is yours; Anyone other than your "employees", partners (if you are a partnership), members (if you are a (4) limited liability company), or a lessee or borrower or any of their"employees",while moving property to or from a"covered auto"; A partner(if you are a partnership),or a member(if you are a limited liability company) (5) for a"covered auto"owned by him or her or a member of his or her household; "Employees" with respect to "bodily injury" to any fellow"employee" of the "Insured"arising out of (6) and in the course of the fellow "employee's" employment or while performing duties related to the conduct of your business; c. Anyone liable for the conduct of an "Insured" described above is also an "Insured", but only to the extent of that liability. 4. Notwithstanding any of the above: a. No person or organization is an "Insured" with respect to the conduct of any current, past or neWy formed partnership,joint venture or limited liability company that is not designated as a "Named Insured" in Item 1 of the Declarations;and b. No person or organization is an "Insured" under this policy who is not an "Insured" under "scheduled underlying insurance". K. "Insured contract" means that part of any contract or agreement pertaining to your business under which any "Insured"assumes the tort liability of another party to pay for"bodily injury"or"property damage"to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement "Insured contract"does not include that part of any contract or agreement: L That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations,within 50 feet of any railroad property and affecting any railroad bridge or trestle,tracks,road-beds, tunnel,underpass or crossing; 2. That indemnifies an architect,engineer or surveyor for injury or damage arising out of: a• Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications;or b. Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage;or 3. Under which the"Insured",if an architect,engineer or surveyor,assumes liability for an injury or damage arising out of the "Insured's" rendering or failure to render professional services, including those shown in subparagraph 2 above and supervisory, inspection, architectural or engineering activities. OC-UMBR LX9799(10/05) Page 15 of 24 J. Maintenance of Scheduled Underlying Insurance You agree that during the"policy period": 1. You will keep"scheduled underlying insurance"in full force and effect; 2. The terms,definitions,conditions and exclusions of"scheduled underlying insurance"will not materially change; 3. The total applicable limits of"scheduled underlying insurance" will not decrease, except for any reduction or exhaustion of aggregate limits by payment of damages to which this policy applies. 4. Any renewals or replacements of"scheduled underlying insurance" WII provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements, we will be liable only to the same extent that we would have,had you fully complied with these requirements. K. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy,this policy will apply excess of the "other insurance". However,this provision will not apply if the other insurance is specifically written to be excess of this policy. L. Premium and Audit 1. We will compute all premiums for this policy in accordance with our rules and rates. 2. If the premium for this policy is a flat premium, it is not subject to adjustment, except that additional premiums may be required for any additional exposure and/or"Insureds", or as provided for in Condition D Cancellation. The premium shown in Item 5 of the Declarations as the Total Advance Premium is a deposit premium only. If the policy is subject to audit adjustment, the actual exposure base will be used to compute the earned premium. If the learned premium is greater than the Advance Premium,the first Named Insured will pay the difference to us due and payable upon notice. Subject to the Annual Minimum Premium shown in Item 5 of the Declarations, if the earned premium is less than the Total Advance Premium,we will return the difference to the first Named Insured. 3. The first Named Insured must keep records of the information we need for premium computation,and send us copies at such times as we may request The first Named Insured shown on the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums we pay. M. Representations of Fraud By accepting this policy,you agree: 1. The statements in the Declarations are accurate and complete; 2. Those statements are based upon representations you made to us; 3. We have issued this policy in reliance upon your representations;and 4. This policy is void in any case of fraud by you as it relates to this policy or any claim or "suit" under this policy. N. Separation of"Insureds" Except with respect to the limits of insurance of this policy and rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations,this insurance applies: 1. As if each"Named Insured"were the only"Named Insured";and 2. Separately to each"Insured" against whom claim is made or"Suit"is brought O. Transfer of Rights of Recovery 1. If any "Insured" has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. The "Insured" must do nothing after loss to impair these rights and must help us enforce them. OC-UMBR LX9799(10/05) Page 22 of 24 2. Any recoveries will be applied as follov,6.: a. My person or organization, including the "Insured", that has paid an amount in excess of the applicable limits of insurance of this policy will be reimbursed first; b. We then All be reimbursed up to the amount we have paid;and c. Lastly, any person or organization, including the "Insured" that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations, including the"Insured",in the ratio of their respective recoveries as finally settled. 3. If, prior to the time of an "occurrence", you and the insurer of "scheduled underlying insurance" waive any right of recovery against a specific person or organization for injury or damage as required under an "insured contract",we also waive any rights we may have againstsuch person or organization. P. 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. However, notice of cancellation sent to the first "Named Insured" designated in Item 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Q. Service of Suit It is agreed that in the event of our failure to pay any amount claimed to be due hereunder,we, at the request of the "Insured", will submit jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States,to remove an action to a United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process may be made upon Counsel, Legal Department Lexington Insurance Company, 100 Summer Street, Boston, MA 02110, or his or her representative, and that in any"suit" instituted against us, upon this policy,we will abide by the final decision of such court or of an appellate court in the event of an appeal. Further,pursuant to any statute of any state,territory,or district of the United States which makes provision therefor, we hereby designate the Superintendent, Commissioner, Director of Insurance, or other officer specified for that purpose in the statute, or his or her successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action, "suit" or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance, and hereby designate the Counsel, Legal Department, Lexington Insurance Company, 100 Summer Street, Boston, MA 02110, as the person to whom the said officer is authorized to mail such process or a true copy thereof. R. Arbitration Notwithstanding Condition Q. Service of Suit above, in the event of a disagreement as to the interpretation of this policy (except with regard to whether this policy is void or voidable), it is mutually agreed that such dispute shall be submitted to binding arbitration before a panel of three(3)Arbitrators consisting of two(2) party-nominated (non-impartial)Arbitrators and a third (impartial)Arbitrator(hereinafter "umpire")as the sole and exclusive remedy. The party desiring arbitration of a dispute shall notify the other party, said notice including the name,address and occupation of the Arbitrator nominated by the demanding party. The other party shall, within 30 days following receipt of the demand, notify in writing the demanding party of the name,address and occupation of the Arbitrator nominated by it The two(2)arbitrators so selected shall,within 30 days of the appointment of the second Arbitrator, select an umpire. If the Arbitrators are unable to agree upon an umpire, the selection of the umpire shall be submitted to the Judicial Arbitration and Mediation Services (hereinafter, "JAMS").The umpire shall be selected in accordance with Rule 15 (as may be amended from time to time) of the JAMS Comprehensive Arbitration Rules and Procedures for the selection ofa sole arbitrator. OC-UMBR LX9799 (10/05) Page 23 of 24 COMMERCIAL EXCESS LIABILITY DECLARATIONS Policy Number: USXSL0041523 Named Insured and Mailing Address: Apollo Sheet Metal, Inc. 1133 W Columbia Drive Kennewick, WA 99336 Policy Period: 04/01/2023 To 04/01/2024 (12:01 A.M. Standard time at the address of the Insured shown above) IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Insurer: Upland Specialty Insurance Company-AM Best Rating A-VIII Non-Admitted 5050 Quorum Drive, Suite 700-#473 Dallas, TX 75254 Producer Name: Amwins - Brokerage of Washington Audit Period (If Applicable): Premium: Total Advance Premium: Minimum Term Premium: Terrorism Premium: Minimum Earned in event of Cancellation: 35% Limits of Insurance: $7,000,000 Each Occurrence Limit $7,000,000 Aggregate Limit (where applicable) These Limits of Insurance apply in excess of those limits in the Schedule of Underlying Insurance indicated below. Schedule of Underlying Insurance: See attached (Form No. UE 00 04 04 21) UE 00 01 04 21 Page 1 of 2 Name Insured: Apollo Sheet Metal, Inc. Policy Number: USXSL0041523 FORMS AND ENDORSEMENTS It is hereby understood and agreed the following forms and endorsements are attached to and are a part of this policy: Form Number Form / Endorsement Title UE 00 01 04 21 Excess Liability Policy Declarations UC 00 03 02 21 Forms and Endorsements UE 00 04 04 21 Schedule of Underlying Insurance CX 00 01 04 13 Commercial Excess Liability Coverage Form UC 00 06 01 22 Claims Reporting Procedures UC 00 04 02 21 U.S. Treasury Department's Office of Foreign Assets Control ("OFAC") Advisory UC 00 02 01 22 Service of Suit CX 21 33 01 15 Exclusion of Certified Acts of Terrorism UC SLWA 02 21 WA Surplus Lines Notice XS 00 02 10 22 Exclusion - Biometric Information Privacy Claims XS 00 03 08 21 Non-Stacking of Occurrence Limits Endorsement XS 00 06 08 21 Change in Risk Endorsement UX 00 42 03 21 Exclusion - Communicable Disease XS 00 08 08 21 Exclusion - Cyber CX 21 43 05 14 Exclusion -Access or Disclosure of Confidential or Personal Information CX 21 01 09 08 Nuclear Energy Liability Exclusion Endorsement XS 00 01 08 21 Limitation of Coverage -Trade or Economic Sanctions UX 00 09 02 21 Exclusion - Exterior Insulation and Finish Systems (EIFS) XS 00 37 12 21 Exclusion - Lead XS 00 38 12 21 Exclusion -Asbestos XS 00 32 12 21 Exclusion - Continuing or Resuming Damage XS 00 13 10 21 Non-Contributory Endorsement UX 00 13 02 21 Exclusion - Punitive Damages XS 00 31 12 21 Exclusion -Your Work in New York CX 21 13 04 13 Exclusion - Fungi or Bacteria CX 21 20 04 13 Exclusion - Professional Services CX 21 16 04 13 Exclusion - Silica or Silica-Related Dust CX 21 03 04 13 Total Pollution Exclusion with a Hostile Fire Exception CX 21 19 04 13 Exclusion - Employment-Related Practices UX 00 10 02 21 Exclusion - ERISA XS 00 19 10 21 Exclusion - Designated Operations Covered By A Consolidated (Wrap-Up) UX 00 04 02 21 Limitation - Coverage Territory CX 01 06 08 10 Washington Changes CX 01 27 11 13 Washington Changes- Defense Costs UC 00 07 02 21 Signature Page UC 00 03 02 21 Page 1 of 1 Name Insured: Apollo Sheet Metal, Inc. Policy Number: USXSL0041523 SCHEDULE OF UNDERLYING INSURANCE Coverage: Excess Liability Carrier: Lexington Insurance Company Policy Term: 04/01/2023 - 04/01/2024 Policy Number: 29316160 Controlling: Yes Limits of Liability: $3,000,000 Each Occurrence $3,000,000 Products/Completed Operations $3,000,000 General Aggregate Which is in Excess of Underlying Policies as Scheduled on the Controlling Underlying Policy UE 00 04 04 21 Page 1 of 1 COMMERCIAL EXCESS LIABILITY CX00010413 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. When we have no duty to defend, we will have Read the entire policy carefully to determine rights, the right to defend, or to participate in the duties and what is and is not covered. defense of, the insured against any other suit Throughout this policy the words "you" and "your" seeking damages for"injury or damage". refer to the Named Insured shown in the Declarations, However, we will have no duty to defend the and any other person or organization qualifying as a insured against any suit seeking damages for Named Insured under this policy. The words "we", which insurance under this policy does not "us" and "our" refer to the company providing this apply. insurance. The word "insured" means any person or At our discretion, we may investigate any organization qualifying as such under the "controlling "event" that may involve this insurance and underlying insurance". settle any resultant claim or suit, for which we Other words and phrases that appear in quotation have the duty to defend. marks in this Coverage Part have special meaning. But: Refer to Section IV — Definitions. Other words and phrases that are not defined under this Coverage Part (1) The amount we will pay for "ultimate net but defined in the "controlling underlying insurance" loss" is limited as described in Section II — will have the meaning described in the policy of Limits Of Insurance; and "controlling underlying insurance". (2) Our right and duty to defend ends when we The insurance provided under this Coverage Part will have used up the applicable limit of follow the same provisions, exclusions and limitations insurance in the payment of judgments or that are contained in the applicable "controlling settlements under this Coverage Part. underlying insurance", unless otherwise directed by However, if the policy of "controlling this insurance. To the extent such provisions differ or underlying insurance" specifies that limits conflict, the provisions of this Coverage Part will are reduced by defense expenses, our right apply. However, the coverage provided under this and duty to defend ends when we have Coverage Part will not be broader than that provided used up the applicable limit of insurance in by the applicable"controlling underlying insurance". the payment of defense expenses, judgments or settlements under this There may be more than one "controlling underlying Coverage Part. insurance" listed in the Declarations and provisions in those policies conflict, and which are not superseded b. This insurance applies to "injury or damage" by the provisions of this Coverage Part. In such a that is subject to an applicable "retained limit". case, the provisions, exclusions and limitations of the I e rayed other limit,t, suhasa sblimit s "controlling underlying insurance" applicable to the p "controllingunderlying particular "event" for which a claim is made or suit is insurance", this insurance does not apply to brought will apply. "injury or damage" arising out of that exposure SECTION I—COVERAGES unless that limit is specified in the Declarations under the Schedule of "controlling underlying 1. Insuring Agreement insurance". a. We will pay on behalf of the insured the c. If the "controlling underlying insurance" "ultimate net loss" in excess of the "retained requires, for a particular claim, that the "injury limit" because of "injury or damage" to which or damage" occur during its policy period in insurance provided under this Coverage Part order for that coverage to apply, then this applies. insurance will only apply to that "injury or We will have the right and duty to defend the damage" if it occurs during the policy period of insured against any suit seeking damages for this Coverage Part. If the "controlling such "injury or damage" when the applicable underlying insurance" requires that the "event" limits of"controlling underlying insurance" have causing the particular"injury or damage" takes been exhausted in accordance with the place during its policy period in order for that provisions of such "controlling underlying coverage to apply, then this insurance will apply to the claim only if the "event" causing insurance'. that "injury or damage" takes place during the policy period of this Coverage Part. CX 00 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 5 d. Any additional insured under any policy of (b) Claim or suit by or on behalf of a "controlling underlying insurance" will governmental authority for damages automatically be an additional insured under because of testing for, monitoring, this insurance. If coverage provided to the cleaning up, removing, containing, additional insured is required by a contract or treating, detoxifying or neutralizing, or in agreement, the most we will pay on behalf of any way responding to, or assessing the the additional insured is the amount of effects of, pollutants. insurance required by the contract, less any This exclusion does not apply to the extent that amounts payable by any"controlling underlying valid "controllingunderlying insurance" for the insurance". y g pollution liability risks described above exists or Additional insured coverage provided by this would have existed but for the exhaustion of insurance will not be broader than coverage underlying limits for"injury or damage". provided by the "controlling underlying d. Workers'Compensation And Similar Laws insurance". Any obligation of the insured under a workers' 2. Exclusions compensation, disability benefits or The following exclusions, and any other exclusions unemployment compensation law or any added by endorsement, apply to this Coverage similar law. Part. In addition, the exclusions applicable to any SECTION II—LIMITS OF INSURANCE "controlling underlying insurance" apply to this insurance unless superseded by the following 1. The Limits of Insurance shown in the Declarations, exclusions, or superseded by any other exclusions and the rules below fix the most we will pay added by endorsement to this Coverage Part. regardless of the number of: Insurance provided under this Coverage Part does a. Insureds; not apply to: b. Claims made or suits brought, or number of a. Medical Payments vehicles involved; Medical payments coverage or expenses that c. Persons or organizations making claims or are provided without regard to fault, whether or bringing suits; or not provided by the applicable "controlling d. Limits available under any "controlling underlying insurance". underlying insurance". b. Auto 2. The Limits of Insurance of this Coverage Part will Any loss, cost or expense payable under or apply as follows: resulting from any of the following auto a. This insurance only applies in excess of the coverages: "retained limit". (1) First-party physical damage coverage; b. The Aggregate Limit is the most we will pay for (2) No-fault coverage; the sum of all "ultimate net loss", for all "injury (3) Personal injury protection or auto medical or damage"covered under this Coverage Part. payments coverage; or However, this Aggregate Limit only applies to "injury or damage" that is subject to an (4) Uninsured or underinsured motorists aggregate limit of insurance under the coverage. "controlling underlying insurance". c. Pollution c. Subject to Paragraph 2.b. above, the Each (1) "Injury or damage" which would not have Occurrence Limit is the most we will pay for the occurred, in whole or in part, but for the sum of all "ultimate net loss" under this actual, alleged or threatened discharge, insurance because of all "injury or damage" dispersal, seepage, migration, release or arising out of any one"event". escape of pollutants at any time. d. If the Limits of Insurance of the "controlling (2) Any loss, cost or expense arising out of underlying insurance" are reduced by defense any: expenses by the terms of that policy, any (a) Request, demand, order or statutory or payments for defense expenses we make will regulatory requirement that any insured reduce our applicable Limits of Insurance in the or others test for, monitor, clean up, same manner. remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, pollutants; or Page 2 of 5 ©Insurance Services Office, Inc., 2012 CX 00 01 04 13 XS00131021 NON-CONTRIBUTORY ENDORSEMENT This endorsement modifies insurance provided under the following: Commercial Excess Liability Schedule Name of Additional Insured Person(s) or Organization(s): Any person or organization when you have executed a written contract or other written agreement, prior to an "occurrence" that causes "bodily injury," "property damage," or "personal and advertising injury," and that contract or agreement stated, at the time of execution, that such person or organization would be added as an additional insured on your policy. Paragraph 8. of Section III —Conditions is replaced by the following: 8. Other Insurance a. This insurance is excess over, and shall not contribute with other insurance, whether primary, excess, contingent or on any other basis. However: (1) This condition will not apply to other insurance specifically written as excess over this Coverage Part. (2) This policy will not seek contribution from any other Commercial General Liability insurance, Commercial Excess Liability insurance, or when included in the Schedule of Underlying, Auto Liability insurance or Employers Liability insurance, that is available to an additional insured, but only if: (a) The additional insured is a Named Insured under such other insurance; (b) The additional insured is identified in, or otherwise falls within the language of, the above Schedule or the Schedule of any other Noncontributory-Other Insurance Condition endorsement form made part of this policy; (c) The "controlling underlying insurance" provides primary and non-contributory coverage to the same additional insured; and (d) Prior to the effective date of this policy, you agreed in writing in a contract or agreement that this insurance would not seek contribution from such other insurance. b. When this insurance is excess, if no other excess insurer defends,we may undertake to do so, but we will be entitled to the insured's rights against all other insurers. c. When this insurance is excess, the most we will pay will be a share of "ultimate net loss" that exceeds the sum of: (1) The total amount that all other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part; and (2) The total of all deductible and self-insured amounts under all other insurance. Notwithstanding any part of this endorsement, coverage granted to an additional insured remains subject to all terms, conditions, limitations, and exclusions set forth in the endorsement form that conferred the additional insured status. All other terms and conditions of this Policy remain unchanged. XS00131021