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HomeMy WebLinkAbout24-188.00AAASweeping2025SweepingServices PURCHASED SERVICES AGREEMENT AAA Sweeping LLC THIS PURCHASED SERVICES AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and AAA Sweeping LLC, ("Contractor")jointly referred to as the "Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies, and equipment and other items necessary for the services to be provided (the "Work") in accordance with the Supplemental Requirements outlined in Exhibit B and in accordance with this Agreement 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 up to the amount set forth in paragraph 3, below, assume and be responsible for the cost and expense of all work required for 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 the 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. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until December 31, 2025. Upon mutual party approval, the parties may renew the contract for up to (4) four additional one- year contract terms from 2026 through the end of 2029. It is anticipated that the option years shall start in January of each year and end on December 31 each year. 3. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents an amount not to exceed the sum of $748,744.00, including Washington State Sales Tax, based on the costs submitted by Contractor (Exhibit C), and as may be adjusted in accordance with the Contract Documents. Prevailing wages are required to be paid for this work as outlined in the General Conditions and RCW 39.12. Nothing herein shall be construed as guaranteeing any payment amount by the City to the Contractor except for work actually performed by the Contractor in accordance with this Agreement and Contract Documents. Contractor shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement fur such services and payment therefore. 4. Notice. Notice other than applications for payment shall be given in writing as follows: Street Sweeping Services Agreement Page 1 of 2 Contract No. 24-188 TO THE CITY: TO THE CONTRACTOR: Name: Marci Patterson, City Clerk Name: AAA Sweeping LLC Phone: (509) 720.-5000 Phone: (509) 922-1363 Address: 10210 East Sprague Avenue Address: 3808 N Sullivan Rd, Bldg 107B Spokane Valley, WA 99206 Spokane Valley, WA 99216 5. 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. 6. Exhibits. The terms of the following attached exhibits are incorporated into this Agreement in their entirety (which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"): A. General Conditions B. Supplemental Requirements C. Cost Statement D. Insurance Endorsements E. Performance and Payment Bond 6. Execution. The Parties have executed this Agreement this ''` day of = = , 20 -- CITY OF SPOKANE VALLEY: Contractor: Jo n Hohman, City Manager y: Its: Author. d Representative APPROVE AS TO FORM: Offic �f the City A orney Street Sweeping Services Agreement Page 2 of 2 Contract No. 24-188 EXHIBIT A GENERAL CONDITIONS 1. RELATIONSHIP OF THE PARTIES. It is understood and agreed that Contractor shall be an insurance, or otherwise limit the City's recourse to any independent contractor and not the agent or employee of remedy available at law or in equity. City,that City is interested only in the results to be achieved, 6A. MINIMUM SCOPE OF INSURANCE and that the right to control the particular manner, method, and means in which the services are performed is solely Contractor shall obtain insurance of the types described within the discretion of Contractor. Any and all employees below: who provide services to City under this Agreement shall be 1. Automobile Liability insurance covering all owned, non- deemed employees solely of Contractor. Contractor shall owned, hired and leased vehicles. Coverage shall be be solely responsible for the conduct and actions of all its written on Insurance Services Office (ISO) form CA 00 employees under this Agreement and any liability that may 01 or a substitute form, providing equivalent liability attach thereto. coverage. If necessary, the policy shall be endorsed to 2. COMPLIANCE WITH LAWS AND PERMITS provide contractual liability coverage. The Contractor shall comply with and give notices required 2. Commercial General Liability insurance shall be written by all laws, ordinances, codes, rules, regulations, and on ISO occurrence form CG 00 01 or the equivalent and permits relating to the conduct of the work. Except as shall cover liability arising from premises, operations, specifically otherwise provided herein, the Contractor shall independent contractors, products-completed obtain and pay for all permits and licenses necessary to operations, stop gap liability, personal injury and conduct the work. The Contractor shall comply with advertising injury, and liability assumed under an Chapter 49.28 RCW, Hours of Labor. insured contract. The commercial general liability insurance shall be endorsed to provide a per project 3. CONTRACTOR REGISTRATION aggregate limit using ISO form CG 25 03 05 09 or an The Contractor shall be duly licensed, registered, and equivalent endorsement. There shall be no bonded by the State of Washington at all times this endorsement or modification of the commercial general Agreement is in effect. Prior to commencement of Work liability insurance for liability arising from explosion, under this Agreement,Contractor shall register with the City collapse, or underground property damage. The City as a business if it has not already done so. shall be named as an additional insured under the Contractor's Commercial General Liability insurance 4. TIME OF THE ESSENCE policy with respect to the work performed for the City Time is of the essence for completion of the Work identified using ISO Additional Insured endorsement CG 20 10 10 in the Agreement. The Contractor shall start work within 10 01 and Additional Insured-Completed Operations days after the effective date of the written Notice to Proceed endorsement CG 20 37 10 01 or substitute issued by the City or execution of the Agreement if no formal endorsements providing equivalent coverage. Notice is to be issued. The Contractor shall plan and 3. Workers' Compensation coverage as required by the prosecute the work diligently so that the various portions of Industrial Insurance laws of the state of Washington. the work shall be completed within the time set forth in the Contract Documents. 6B. MINIMUM AMOUNTS OF INSURANCE Contractor shall maintain the following insurance limits: 5. VACANT This section is intentionally vacant. 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property 6. INSURANCE damage of$1,000,000 per accident. The Contractor shall procure and maintain for the duration 2. Commercial General Liability insurance shall be written of the Agreement, insurance against claims for injuries to with limits no less than $2,000,000 each occurrence, persons or damage to property which may arise from or in $2,000,000 general aggregate and a $2,000,000 connection with the performance of the work hereunder by products-completed operations aggregate limit. the Contractor, their agents, representatives, employees or 6C. OTHER INSURANCE PROVISIONS subcontractors. The insurance policies are to contain, or be endorsed to No Limitation. Contractor's maintenance of insurance as contain,the following provisions for Automobile Liability and required by the agreement shall not be construed to limit the Commercial General Liability insurance: liability of the Contractor to the coverage provided by such Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-1 GENERAL CONDITIONS 1. The Contractor's insurance coverage shall be primary for determining the limits of coverage to be required to be insurance as respects the City. Any Insurance, self- obtained by subcontractors. Contractor shall ensure that insurance, or insurance pool coverage maintained by the City is an additional insured on each and every the City shall be excess of the Contractor's insurance subcontractor's commercial general liability insurance and shall not contribute with it. policy using an endorsement at least as broad as ISO 2. The Contractor's insurance shall be endorsed to state additional insured endorsement CG 20 38 04 13. that coverage shall not be cancelled by either party, 7. PERFORMANCE/PAYMENT BOND except after thirty (30) days prior written notice by Pursuant to RCW 39.08.010 the Contractor, prior to certified mail, return receipt requested, has been given commencing work, shall furnish a Performance and a to the City. Payment Bond for the full contract sum including sales tax; 3. If the Contractor maintains higher insurance limits than however, if the Contract Sum does not exceed$150,000 the the minimums above, the City shall be insured for the Contractor may, in lieu of providing a bond, request the City full available limits of commercial general and excess or retain 10%of the Contract amount earned for a period of 30 umbrella liability maintained by the Contractor, days following acceptance of the work or until receipt of all irrespective of whether such limits maintained by the necessary releases and settlement of any liens filed under Contractor are greater than those required or whether Chapter 60.28 RCW, whichever is later, at which time the any certificate of insurance furnished to the City City in ordinary course of business will make final payment. evidences limits of liability lower than those maintained by the Contractor. 8. PREVAILING WAGES 4. Failure on the part of the Contractor to maintain the The Contractor shall comply with the requirements of RCW insurance as require shall constitute a material breach 39.12 and shall pay each employee an amount not less than of the Contract, upon which the City may, after giving at the Prevailing Rate of Wage, as specified by the Industrial least five business days' notice to the Contractor to Statistician of the Washington State Department of Labor correct the breach, immediately terminate the and Industries (L&I). If employing labor in a class not shown, the Contractor shall request a determination of the Agreement. Or at its sole discretion, the City may procure or renew such insurance and pay any and all correct wage rate for the class and locality from the Industrial Statistician. The Contractor shall provide a copy premiums in connection therewith, with any sums expended to be repaid to the City on demand, or at the of any such determinations to the City. sole discretion of the City, deduct against funds due the Before commencement and upon completion of work, the Contractor from the City. Contractor shall file the forms and pay the filing fees 6D. ACCEPTABILITY OF INSURERS required by L&I. The Contractor shall indemnify and hold the City harmless from any claims related to the payment or Insurance is to be placed with insurers with a current A.M. non-payment of such wages by the Contractor. The Best rating of not less than A:VII. schedule of Prevailing Wage Rates is incorporated by 6E. EVIDENCE OF COVERAGE reference into these Contract Documents. As evidence of the insurance coverages, the Contractor The prevailing wage rates as provided to the City by the shall furnish acceptable insurance certificates to the City at Industrial Statistician of the Washington State Department the time the Contractor returns the signed Agreement. The of Labor and Industries is available for download at URL certificates shall specify all parties who are additional http://www.lni.wa.qov/TradesLicensinq/PrevWage/WageR insured, and shall include applicable policy endorsements, ates/. and the deduction or retention level. Insuring companies or It is the Contractor's sole responsibility to determine the entities are subject to City acceptance. If requested, most current wage rates it will actually have to pay. These complete copies of insurance policies shall be provided to rates shall remain in effect for the duration throughout the City. The Contractor shall be financially responsible for Contractor's performance of the Work. all pertinent deductibles,self-insured retentions,and/or self- insurance. 9. WORKERS' BENEFITS 6F. SUBCONTRACTORS The Contractor shall make all payments required for Contractor shall cause each and every subcontractor to unemployment compensation under Title 50 RCW and for provide insurance coverage that complies with all applicable industrial insurance and medical aid required under Title 51 requirements of the Contractor-provided insurance as set RCW and shall furnish proof of payment if requested by the forth herein,except Contractor shall have sole responsibility City. If any payment required by Title 50 or Title 51 is not Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-2 GENERAL CONDITIONS made when due, the City may retain such payments from construction, or for safety precautions or programs any money due the Contractor and pay the same into the incidental thereto, these being the sole responsibility of the appropriate fund. Contractor. 10. PAYMENT AND RETAINAGE 12. CONTRACT DOCUMENT INTERPRETATION Upon completion of the work or no more often than monthly, The intent of the contract documents is to prescribe a the Contractor shall submit an invoice for work completed complete work. The Contractor shall furnish all labor, to the attention of the City Finance Department and the materials, equipment, and incidentals necessary or Project Manager. The City will make payment within 30 convenient to complete all parts of the work. Compensation days of receipt of the Contractor's properly completed for the cost of furnishing the foregoing and for full invoice or receipt of the goods and services, whichever is performance of the contract shall be considered as included later. in the contract sum. This Agreement shall be governed by, The City will pay 95%of the amount of the approved invoice and interpreted in, accordance with Washington law. and will retain 5% in accordance with Retainage 13. OWNERSHIP OF DOCUMENTS requirements of Chapter 60.28 RCW. Pursuant to Chapter All Drawings, plans, specifications, and other related 60.28 RCW, the City will retain the 5% for a period of 45 documents prepared by the Contractor under this days after date of acceptance, or until receipt of all Agreement are, and shall be, property of the City, and may necessary releases and settlement of any liens filed under be subject to disclosure pursuant to RCW 42.56, or other Chapter 60.28 RCW, whichever is later, at which time the applicable public record laws. City in ordinary course of business will make final payment. Additional Retainaqe In Lieu of Bond: As set forth in section 14. RECORDS 7 of this Agreement, for contracts of$150,000 or less, the The City or State Auditor, or any of their representatives, Contractor may request that the City retain 10% of shall have full access to and the right to examine during payments in lieu of providing payment and performance normal business hours all of Contractor's records with bonds pursuant to Chapter 39.08.010 RCW. If Contractor respect to all matters covered in this Agreement. Such makes such a request,then the City will retain the 10%from representatives shall be permitted to audit, examine, make each payment, which retained amount shall be in addition excerpts or transcripts from such records, and to make to the 5% retained under Chapter 60.28 RCW. The City audits of all contracts, invoices, materials, payrolls, and shall hold the retained amount for a period of 30 days after record of matters covered by this Agreement for a period of date of acceptance,or until receipt of all necessary releases three years from the date final payment is made hereunder. and settlement of any liens filed under Chapter 60.28 RCW, whichever is later, at which time the City in ordinary course 15. CHANGES of business will make final payment. The City may make changes in the work within the scope of Payment of retainage shall neither(a)waive or release the this Contract and such changes may be made without City's rights, nor(b)relieve the Contractor of any obligations notice to any sureties. If any change causes an increase or under this Contract or by law. decrease in the Contractor's cost of, or the time required for the performance of,any part of the work under this Contract, 11. AUTHORITY OF THE PROJECT MANAGER an equitable adjustment may be made consistent with such The Project Manager or his/her Representative is the change and the Contract modified in writing accordingly, representative of the City, and the Contractor shall look to provided, however, that the Contractor notifies the City of the Project Manager in matters relating to compliance with the change in cost or time before commencing the changed Contract requirements. The work shall be done to the work. Records pertaining to changes in the work shall be complete satisfaction of the Project Manager. The Project maintained sufficiently to document all costs. Failure to Manager will decide all questions which may arise maintain and disclose the required records shall constitute concerning the quality and acceptability of materials and a waiver of the Contractor's claim for costs not documented. equipment furnished and work performed, the rate of The value of any work covered by a change order or of any progress of the work, and interpretation of the contract claim for increase or decrease in the Contract price will be documents. The Project Manager has the authority to reject determined by the unit price in the bid submitted by the work which is defective or does not otherwise conform to Contractor. the contract documents. The Project Manager is not responsible for and will not have control or charge of the means, methods, techniques, sequences, or procedures of Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-3 GENERAL CONDITIONS work, the Contractor shall give proper notification as required by RCW 19.122.030 to the agencies that have 16. QUALITY utilities in place and shall cooperate with these agencies in The Contractor shall supervise and direct the work using its the protection and relocation of underground utilities, best efforts, skills and attention. The Contractor shall be facilities and structures. The number to call is 1-800-424- solely responsible for,and shall have full control and charge 5555. of construction means, methods, techniques, sequences, and procedures,and for coordinating all portions of the work 20. RECORD DRAWINGS under the contract. The Contractor is for all purposes an Upon completion of work and before requesting final independent Contractor and not an agent or employee of payment, provide the Project Manager with record drawings the City. and all operation and maintenance information showing Unless otherwise specifically stated in the Contract, the actual dimensions and locations along with changes made Contractor shall provide and pay for materials, labor, tools, during execution of the work. equipment, water, light, power, transportation, supervision, 21. COMPLETION OF WORK and temporary construction, and other services and The Contractor shall notify the Engineer when it considers facilities of any nature necessary to execute, complete and the work complete. If, upon inspection, the City determines deliver the work within the Contract Time. Material and that all work has been completed in accordance with the equipment shall be new and of a quality equal to or better terms of this Contract,the City will accept such work,which than that specified. Equipment offered shall be current acceptance shall be evidenced by a written letter of models which have been in successful regular operation acceptance to the Contractor. The City shall not be barred under comparable conditions. The work performed shall be by acceptance from requiring the Contractor to remove, in conformity with the best modern practice of the trade with replace, repair, or dispose of unauthorized or defective the intent to secure the best standard of construction and work, material, or equipment or from recovering damages equipment of work as a whole and in part. for the same. 17. SAFETY 22. GUARANTEE The Contractor shall be solely responsible for, and maintain 22 A. REPAIRS the work site and perform the work in a manner which meets all legal requirements for the provision of a safe workplace. For a period of 365 days after the date of acceptance of the The Contractor shall comply with safety standards and work, the Contractor, upon notification from the City, shall provisions of applicable laws, building and construction promptly schedule and make all repairs to the Contractor- codes, and the safety regulations set forth in "Safety furnished materials, equipment and/or workmanship which Standards for Construction", Chapter 296-155 WAC, and may be necessary to make such materials, equipment "General Safety Standards", Chapter 296-24 WAC, issued and/or workmanship equal to that specified in the Contract. by the Washington State Department of Labor and 22.B. WARRANTY Industries. Unless provided otherwise in the Contract Documents, 18. HAZARDOUS MATERIALS Contractor warrants that all Work and materials performed The Contractor shall give immediate notice to the City upon or installed under this Agreement are free from defect or the discovery of any hazardous or petroleum-contaminated failure for a period of one year following final acceptance by materials not specifically identified in the Contract City, unless a supplier or manufacturer has a warranty for a Documents and proceed thereafter only as directed by the greater period, which warranty shall be assigned or City or as set forth in the specifications. If the material transferred to City. In the event a defect or failure occurs in proves positive as containing asbestos, such material shall work or materials, Contractor shall, within the warranty be handled in compliance with WAC 296-62-077 through period, remedy the same at no cost or expense to City. This 296-62-07753. Hazardous materials include asbestos, warranty provision shall not be construed to establish a PCBs, lead, radioactive materials, explosives and other period of limitation with respect to Contractor's other materials defined as hazardous or dangerous wastes in obligations under this Agreement. WAC Chapters 173-303 and 173-305. 23. NON-DISCRIMINATION 19. PROTECTION OF UTILITIES The Contractor shall fully comply with all federal, state, and The Contractor shall protect from damage public and private local laws, regulations, and ordinances pertaining to non- utilities encountered during the work. Prior to beginning discrimination and equal employment. Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-4 GENERAL CONDITIONS 24. INDEMNIFICATION afforded in this Agreement or by law shall be taken and The Contractor shall defend,indemnify and hold the City, its construed as cumulative and in addition to every other officers, officials, employees and volunteers harmless from remedy provided herein or by law. Failure of either party to any and all claims, injuries, damages, losses or suits enforce at any time any of the provisions of this Agreement including attorney fees, arising out of or in connection with or to require at any time performance by the other party of the performance of this Agreement, except for injuries and any provision hereof shall in no way be construed to be a damages caused by the sole negligence of the City. waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event 28. CONFIDENTIALITY of liability for damages arising out of bodily injury to persons The Contractor may, from time-to-time, receive information or damages to property caused by or resulting from the which is deemed by City to be confidential. The Contractor concurrent negligence of the Contractor and the City, its shall not disclose such information without the prior express officers, officials, employees, and volunteers, the written consent of City or upon order of a Court of competent Contractor's liability hereunder shall be only to the extent of jurisdiction. the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided 29. DISPUTES AND DISPUTE EXPENSES herein constitutes the Contractor's waiver of immunity under All disputes arising under or related to this Agreement that Industrial Insurance, Title 51 RCW, solely for the purposes cannot be resolved through informal discussion and of this indemnification. This waiver has been mutually negotiations shall be resolved by litigation filed in the negotiated by the parties. The provisions of this section Superior Court of the State of Washington for Spokane shall survive the expiration or termination of this Agreement. County, unless otherwise required by applicable federal or The Contractor shall pay all attorney's fees and expenses state law. The prevailing party in any lawsuit or other legal incurred by the City in establishing and enforcing the City's proceeding seeking to enforce any term of this Agreement rights under this paragraph, whether or not a suit was shall be entitled to recover their reasonable attorney fees instituted. and costs incurred in said action. 25. TERMINATION OF CONTRACT 30. SUBCONTRACTOR RESPONSIBILITY Either Party may terminate this Agreement for material As required by RCW 39.06.020, the Contractor shall verify breach after providing the other Party with at least 10 days' responsibility criteria for each first tier subcontractor and its prior notice and an opportunity to cure the breach. City may, subcontractors of any tier that hires other subcontractors in addition, terminate this Agreement for any reason by 10 shall verify responsibility criteria for each of its days' written notice to Contractor. In the event of subcontractors. Verification shall include that each termination without breach, City shall pay Contractor for all subcontractor, at the time of subcontract execution, meets work previously authorized and satisfactorily performed the responsibility criteria listed in RCW 39.04.350(1) and prior to the termination date. possesses an electrical contractor license, if required by RCW 19.28, or an elevator contractor license if required by 26. ASSIGNMENT OF CONTRACT RCW 70.87. This verification requirement shall be included in every subcontract of every tier. The Contractor shall not assign this contract, or subcontract the work, in whole or in part, except with the prior written 31. JURISDICTION AND VENUE consent of the City. The Contractor shall require each This Agreement is entered into in Spokane County, subcontractor to comply with the requirements of these Washington. The venue of any action arising out of this Contract Documents. Subcontractors will not be recognized Agreement shall be in Spokane County, State of as having a direct relationship with the City, nor are Washington. subcontractors intended or incidental third-party beneficiaries to this Contract. 32. ANTI-KICKBACK 27. WAIVER No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, No officer, employee, agent, or other individual acting on shall have or acquire any interest in this Agreement,or have behalf of either party has the power, right, or authority to solicited, accepted,or granted a present or future gift,favor, waive any of the conditions or provisions of this Agreement. service, or other thing of value from any person with an No waiver in one instance shall be held to be waiver of any interest in this Agreement. other subsequent breach or nonperformance. All remedies Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-5 GENERAL CONDITIONS 33. DEBARMENT, SUSPENSION,AND OTHER of race,color,or national origin in the selection and retention RESPONSIBILITY MATTERS—PRIMARY of subcontractors, including procurements of materials and COVERED TRANSACTIONS. leases of equipment. Contractor shall not participate 33A. CERTIFICATION directly or indirectly in the discrimination prohibited by the By executing this Agreement, the Contractor certifies to the Acts and the Regulations identified in subsection 34G best of its knowledge and belief, that it and its principals: below, including employment practices when the contract covers any activity, project,or program set forth in Appendix 1. Are not presently debarred, suspended, proposed for B of 49 CFR Part 21. debarment, declared ineligible, or voluntarily excluded 34C. SOLICITATIONS FOR SUBCONTRACTS from covered transactions by any federal department or agency; Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation 2. Have not within a three-year period preceding this made by Contractor for work to be performed under a proposal been convicted of or had a civil judgment subcontract, including procurements of materials, or leases rendered against them for commission of fraud or a of equipment, each potential subcontractor or supplier shall criminal offense in connection with obtaining, be notified by Contractor of Contractor's obligations under attempting to obtain, or performing a public (federal, this Agreement and the Acts and the Regulations relative to state, or local) transaction or contract under a public non-discrimination on the grounds of race, color, or national transaction; violation of federal or state antitrust origin. statutes or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records, making 34D. INFORMATION AND REPORTS false statements, or receiving stolen property; Contractor shall provide all information and reports required 3. Are not presently indicted for or otherwise criminally or by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses accounts, other sources of information, and its facilities as enumerated in paragraph(A)(2)of this certification;and may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, 4. Have not within a three-year period preceding this regulations, and instructions. Where any information application/proposal had one or more public required of Contractor is in the exclusive possession of transactions (federal, state, or local) terminated for another who fails or refuses to furnish the information, cause or default. Contractor shall so certify to the City or the WSDOT, as 33B. DOCUMENTATION appropriate, and shall set forth what efforts it has made to obtain the information. Where the prospective primary participant is unable to certify to any of the statements in this certification, such 34E. SANCTIONS FOR NONCOMPLIANCE prospective participant shall attach an explanation to this In the event of a Contractor's noncompliance with the Agreement. nondiscrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may 34. ASSURANCE OF COMPLIANCE WITH determine to be appropriate, including, but not limited to: APPLICABLE FEDERAL LAW 1. Withholding payments to Contractor under the During the performance of this Agreement, the Contractor, Agreement until Contractor complies; and/or for itself, its assignees, and successors in interest agrees as follows: 2. Cancelling, terminating, or suspending the Agreement, 34A. COMPLIANCE WITH REGULATIONS in whole or in part. The Contractor shall comply with the federal laws set forth 34F. INCORPORATION OF PROVISIONS in subsection 34G, below ("Pertinent Non-Discrimination Contractor shall include the provisions of paragraphs of Authorities") relative to non-discrimination in federally- these Contract Clauses in every subcontract, including assisted programs as adopted or amended from time-to- procurements of materials and leases of equipment, unless time,which are herein incorporated by reference and made exempt by the Acts, regulations and directives issued a part of this Agreement. pursuant thereto. Contractor shall take action with respect 346. NON-DISCRIMINATION to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such The Contractor, with regard to the work performed by it provisions, including sanctions for noncompliance. during this Agreement,shall not discriminate on the grounds Provided, that if Contractor becomes involved in, or is Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-6 GENERAL CONDITIONS threatened with litigation by a subcontractor or supplier 8. Titles II and III of the Americans with Disabilities Act, because of such direction, Contractor may request that the which prohibit discrimination on the basis of disability in City enter into any litigation to protect the interests of the the operation of public entities, public and private City. In addition, Contractor may request the United States transportation systems, places of public to enter into the litigation to protect the interests of the accommodation, and certain testing entities (42 U.S.C. United States. §§12131-12189) as implemented by Department of 34G. PERTINENT NON-DISCRIMINATION AUTHORITIES Transportation regulations at49 C.F.R.parts 37 and 38; During the performance of this Agreement, the Contractor 9. The Federal Aviation Administration's Non- agrees to comply with the following non-discrimination discrimination statute (49 U.S.C. §47123) (prohibits statutes and authorities; including but not limited to: discrimination on the basis of race, color, national origin, and sex); 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination 10. Executive Order 12898, Federal Actions to Address on the basis of race, color, national origin); and 49 CFR Environmental Justice in Minority Populations and Low- Part 21; and 49 Part 26; Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, 2. The Uniform Relocation Assistance and Real Property policies, and activities with disproportionately high and Acquisition Policies Act of 1970, (42 U.S.C. §4601), adverse human health or environmental effects on (prohibits unfair treatment of persons displaced or minority and low-income populations; whose property has been acquired because of Federal or Federal-aid programs and projects); 11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and 3. Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et resulting agency guidance, national origin seq.), (prohibits discrimination on the basis of sex); discrimination includes discrimination because of 4. Section 504 of the Rehabilitation Act of 1973, (29 Limited English proficiency (LEP). To ensure U.S.C. §794 et seq.), as amended, (prohibits compliance with Title VI, you must take reasonable discrimination on the basis of disability); and 49 CFR steps to ensure that LEP persons have meaningful Part 27; access to your programs (70 Fed. Reg. at 74087 to 74100); and 5. The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the 12 Title IX of the Education Amendments of 1972, as basis of age); amended, which prohibits you from discriminating because of sex in education programs or activities (20 6. Airport and Airway Improvement Act of 1982,(49 U.S.C. U.S.C. §1681 et seq.). §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national 32. SEVERABILITY origin, or sex); If any section, sentence, clause, or phrase of this 7. The Civil Rights Restoration Act of 1987, (PL 100-209), Agreement should be held to be invalid for any reason by a (Broadened the scope, coverage and applicability of court of competent jurisdiction, such invalidity shall not Title VI of the Civil Rights Act of 1964, The Age affect the validity of any other section, sentence, clause, or Discrimination Act of 1975 and Section 504 of the phrase of this Agreement. 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); Street Sweeping Services Agreement Purchased Services Agreement Contract No.24-188 General Conditions-7 EXHIBIT B SUPPLEMENTAL REQUIREMENTS Street Sweeping Services Contract No.24-188 Supplemental Requirements Contract No. 24-188 Street Sweeping Services TABLE OF CONTENTS Page 1. WORK REQUIREMENTS 2 1.1. WORK SUMMARY 2 1.1.1. Daily and/ Weekly Work Plan 2 1.1.2. Debris Dis osal 2 1.1.3. Traffic Co o1 2 1.2. CONTRACTOR SUPPLIED EQUIPMENT,MATERIALS& SUPPORT FACILITIES 3 1.2.1. Support FaOilities 3 1.2.2. General Standards 3 1.2.3. Sweepers 4 1.2.4. Water Trucksor Truck-mounted Pressure Washers 5 1.2.5. Dump Truc s&Loaders 5 1.3. PRESERVATI N OF PROPERTY 5 1.4. COMPLAINTS AND DEFICIENCIES 5 1.4.1. Complaints 5 1.4.2. Deficiencies 6 1.4.3. Failure to rform 6 1.5. INSPECTION &REPORTING 6 1.5.1. City Inspec 'ons 6 1.5.2. Periodic Contractor Reporting 7 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS 7 2.1. CONTRACTO INFORMATION 7 2.2. CONTRACT E 7 2.3. WORK ORDE PROCESS Error! Bookmark not defined. 2.4. PREVAILING AGES 8 2.5. CONTRACT ADMINISTRATORS 8 2.6. ONE GENERAL CONTRACTOR 8 2.6.1. Subcontractors 8 2.6.2. Contractor' Supervisor 8 2.7. COORDINATI N OF CONTRACT DOCUMENTS 8 2.8. CONTRACT RM AND OPTION YEARS 9 2.9. CONTRACTO REQUIREMENTS 9 2.10. CHANGES,C RRECTIONS,AND CLARIFICATIONS 9 2.10.1. Changes...., 9 2.10.2. CorrectionS&Clarifications 10 2.11. PAYMENT AUTHORIZATION 10 2.11.1. City Inspection 10 2.11.2. Contractor Reports 10 2.11.3. Prevailing Wage Requirements 10 2.11.4. Invoice Submittal,Review,&Approval 10 2.11.5. Retention f Payment 11 3. MEASUREMEN AND PAYMENT 12 3.1. Measurement 12 3.1.1. Sweeping.. 12 3.1.2. Transporting Debris 12 3.1.3. Traffic Control and Access 12 3.2. Payment 12 3.2.1. Sweeping..k 12 3.2.2. Transporting Debris 12 Supplemental Requirements Contract No.24-188 Street Sweeping Services 1 1. WORK REQUIREMENTS This Section includjes requirements regarding work to be performed and performance standards. 1.1. WORK SUMMARY The City contracts for the sweeping of designated public streets. The purpose of these services is to: • Meet local air quality requirements • Maintain public drainage facilities • Help minimize roadway hazards due to debris • Minimize the degradation of water quality in surface and groundwater • Meet Washington State Department of Ecology's Underground Injection Control (UIC) regulations and National Pollutant Discharge Elimination System (NPDES) permit requirements • Provide a clean surface for traffic striping activities This work will be performed on an as-needed and scheduled basis to the satisfaction of the City and shall meet all applicable local, state, and federal laws. The services provided by the contractor(s)will be on an as-needed and scheduled basis,which may include emergency work. All work shall be done in accordance with all applicable local, state, and federal laws and regulations,including but not limited to NPDES and UIC requirements. 1.1.1.Daily and/or Weekly Work Plan The Contractor shall submit an email to City designated staff the daily or weekly work plan indicating where the Contractor will be working and what activities will be performed. It may be sent up to one day in advance for the next day or week. The Contractor shall also notify the City if it does not plan on working including the reason why work will not be performed on that occasion. 1.1.2.Debris Disposal When directed by the City, the Contractor shall transport sweeping debris temporarily stored at transfer station(s)to the approved location. The current approved location for the City to dispose of solid debris is operated by Waste Management - Graham Road Landfill and is located at 1820 S. Graham Road, Medical Lake, WA 99022. The City has maintained an open account with Waste Management. Landfill fe s will be paid by the City directly to the landfill.An alternate disposal location may be ide tified in the future.At that time,a different handling/transporting cost may be negotiated. The Contractor may propose an alternate disposal location or mechanism.All suggestions will be considered assuming they meet all local, state, and federal requirements. 1.1.3.Trafflic Control Supplemental Requirements Contract No.24-188 Street Sweeping Services 2 Street sweeping activities must follow the traffic control guidelines in Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD). The most recently State of Washington adopted MUTCD shall be used. 1.1.4.Dust Abatement Street sweeping equipment shall be equipped with a watering system to control dust. A water truck may be required when the watering system of the sweeper is not sufficient to control dust. The Contractor shall make all necessary arrangements through any applicable water district,depending on the boundaries of the areas being swept to obtain and pay for water necessary for the operation. Dust abatement is required. Dust shall not interfere with traffic flow. When dust is not properly controlled, operations shall cease and shall not commence until adequate correction las been proven. The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the City. A dust/silt trail after sweeping is completed will not be acceptable. In all cases,water use shall be minimized to reduce or eliminate gutter flows to storm drains from sidewalk cleaning and dust abatement activities. 1.1.5.Foreran The Contractor shall provide a foreman during heavy operation times to provide added management of the Contractor's sweeping crews, to verify streets that need sweeping or may not need sweeping,move advance notification signage(provided by the City), and to address quality issues brought up by the City. The Contractor will be required to provide a vehicle for the foreman's use. It is anticipated that the foreman would be limited to 10 hours a week (or two hours a day) during Spring and Fall sweeping periods. The Contractor's foreman could also be a sweeper operator during other times of the day while heavy sweeping operations are underway. The use of a foreman is at the sole discretion of the City. 1.2. CONTRACTOR SUPPLIED EQUIPMENT,MATERIALS& SUPPORT FACILITIES Unless stated otherwise and agreed in writing,the Contractor is expected to provide all equipment, materials and supp'es required to execute Contract obligations. This includes support facilities, disposal containers, oil,and fuel,etc. 1.2.1.Support Facilities The City will not provide shop facilities,workspace,or office space as part of this contract. The Contractor will be responsible for providing all support facilities at their own location(s). The Contractor shall furnish at his/her own expense, storage and/or repair facilities for equipment. The Contractor will not be required to locate such facilities within the City. 1.2.2.General Standards The following are the minimum equipment requirements: • Eq ipment must conform to all federal,state,and local regulations. • Sweepers used by the Contractor shall be modem,clean,and maintained in proper working condition at all times consistent with the current standard of the industry Supplemental Requirements Contract No.24-188 Street Sweeping Services 3 and subject to the approval of the City.Sweeper units should be less than five years old or certified by trained technicians to meet factory specifications. If older than five years, the Contractor must supply certification of the sweeping unit(s)to the City prior to the City's approval of the unit(s). Sweeper certifications will only be valid for up to five years, or less if equipment is deemed by the City to be faulty or in need of repair. • Adequate support equipment shall be available such as debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other items of equipment necessary to provide sweeping services as described within this contract. • Equipment shall have safety lighting and markings, appropriate for slow-moving vehicles,and any other devices or markings required by State law. • All vehicles used by the Contractor must be clearly identified with the name of the company on each side of the vehicle. • Th quantity of equipment used by the Contractor shall be sufficient to perform the work required herein. The following are the minimum number of equipment ne ded for this contract: o 2 regenerative air sweepers o 1 mechanical sweeper o 1 high efficiency vacuum sweeper o 1 water truck or truck-mounted pressure washer o 1 dump/end truck o 1 loader 1.2.3.Sweepers • Regenerative air power sweepers shall be Tymco 600 series, or approved equal and shall be PM-10 certified. • High Efficiency Vacuum sweepers shall be the Elgin Whirlwind, or approved equal and shall be PM-10 certified. • Mechanical brooms shall be Schwarze M6000, or approved equal. Mechanical brooms shall be used when approved by the City. • Kick brooms will not be allowed under this contract. • Sweepers shall be equipped with gutter brooms mounted at the left and right sides and a rear broom, if applicable. All brooms shall be used as necessary to avoid additional passes. • Brushes and brooms shall be maintained in proper working condition and shall be replaced as recommended by the manufacturer,or when sweeping ability becomes impaired. • Sweepers shall be capable of sweeping a minimum eight-foot width as measured with all brooms in the sweeping position. • Machines must be equipped with an efficient water spray system for dust control, and the spray system must be maintained in good operating condition. The equipment shall have a double check valve or air gap on the water filling system. Supplemental Requirements Contract No.24-188 Street Sweeping Services 4 • Thp Contractor shall insure that the noise level of the sweepers will be within accepted standards for municipal street sweeping. The noise shall not exceed 86 dba at a distance of 50 feet. • All sweepers shall have an odometer to record accurate sweeping miles in order to document activity and meet reporting requirements. • Eq ipment must be capable of removing dirt, litter,leaves,sand,glass,and debris sufficient to leave the streets free from debris or vegetation that would cause a traffic safety or health hazard. 1.2.4.Water Trucks or Truck-mounted Pressure Washers • Water trucks shall have minimum 3,000 gallons capacity and shall be equipped to provide a minimum of 1.5 gal/sec at 60 psi, measured at the nozzle. Alternative equipment and arrangements may be proposed for approval.Water trucks shall be equipped with a side arm and/or duck bill for cleaning sidewalks. • Tn}ck-mounted Pressure Washers shall have minimum 300 gallons capacity and shall be equipped to provide a minimum of 3.0 gal/min at 2,500 psi, measured at the nozzle. Alternative equipment and arrangements may be proposed for approval. Truck-mounted Pressure Washers shall be equipped with a side arm boom for cleaning sidewalks. 1.2.5.Dum Trucks&Loaders • Dump trucks shall have minimum carrying capacity of 10 cubic yards, a net hauling capacityof 13 tons, an operational roll tarp system, and the ability to transport at freewayspeeds. p • Loaders shall be able to load dump trucks in under 10 minutes total time. 1.3. PRESERVATION OF PROPERTY The Contractor shall exercise due care to avoid injury to existing improvements,structures,utility facilities, adjacent property, trees and shrubbery, and motor vehicles. In the event of property damage, and unless otherwise provided by law such as in the case of motor vehicle accidents, the Contractor shall notify the property owners and City within 24 hours of the time of occurrence. If such objects are injured or damaged by reason of the Contractor's operation,they shall be repaired at the Contractor's expense to a condition as good as when the Contractor entered upon the Work. Repairs to damaged�property by the responsible party shall be made within 48 hours,except utility lines which shall b repaired immediately and in accordance with the appropriate building code under permits issuei by the City. 1.4. COMPLAINTS AND DEFICIENCIES All complaints and deficiencies,with regards to this Contract shall be addressed as soon as possible after notification,to the satisfaction of the City. The City will notify the Contractor by telephone, email, in writing, and/or other agreed upon method of each matter. City notifications to the Contractor will include a description of the issue and location. 1.4.1.Com Taints The Contrator shall investigate all City referred complaints within 24 hours and respond back to the City whether the complaint is valid and whether it is within the current Contract Supplemental Requirements Contract No.24-188 Street Sweeping Services 5 scope. If it is within the scope of this Contract and the situation does not meet current Specifications, then the complaint is a legitimate performance deficiency, and the Contractor shall immediately remedy the deficiency. Otherwise, the Contractor shall explain why the situation is not within the scope of this Contract. The City reserves the right to review the matter further and determine if the complaint is legitimate or not and if the matter is a performance deficiency of the Contractor or not. l 1.4.2.Defica encies All work deficiencies of Contractor shall be corrected within three (3) days of oral or written notification from the City unless noted otherwise in these Specifications. Should the scheduled work activity frequencies be less than three days, the schedule of work to be performed shall take precedent and the notice of non-conformance repair reduced accordingly. Written notification may be emailed,hand delivered or post mailed. As soon as the Contractor has corrected the listed deficiencies,the Contractor shall notify the designated City staff and request inspection of the corrective work. Deficiencies listed in the notice of deficiency shall not be considered as having been corrected until the designated City staff has inspected the site to verify that the listed deficiencies have been corrected and has approved the corrective work in writing. 1.4.3.Failure to Perform On the first occurrence of a noted deficiency, the Contractor will be notified in writing. Contractor shall respond within seven days with a written plan stating how compliance will be obtained. If the Con ctor violates the same specification a second time,the City shall have the right to withhold payment of up to the estimated cost for the service which was scheduled for that day. If the Con 'actor violates the same specification three or more times, the City shall have the right to withhold payment of up to two times the estimated cost of service which was scheduled r the day of each violation. The estimated cost of service shall be determined in the sole discretion of the City Manager or designee's based upon their reasonable judgment. 1.5. INSPECTIONS&REPORTING 1.5.1.City inspections The City will periodically inspect conditions of City streets swept by the Contractor. The conditions of the streets swept shall be measured based on these Specifications and City staff judgment. The City may develop and/or use methods,procedures,tools,equipment,or training to help inspect and document street conditions and/or Contractor performance. The City is willing to share information on the inspection program with the Contractor as it is developed further. Any input from the Contractor that will save the City money and provide a better service to the community is welcomed. The City shall periodically and randomly inspect sweeping services to determine the level of quality. For p oses of inspection,the level of quality shall include the following: Supplemental Requirements Contract No.24-188 Street Sweeping Services 6 1 • For Regenerative Air&High Efficiency Vacuum Sweeping: o Removal of trash, litter, leaves, needles or light foreign objects 1/4" or greater in diameter from along the curb-line and the entire width of the sweeper path; o Shall remove dust particles such that no visible cloud is seen when swept with a shop broom by hand. 1.5.2.Peri dic Contractor Reporting The Contractor shall provide self-inspections and/or records of work it performs depicted in these Specifications for each period invoiced. At a minimum,the Contractor shall provide on a monthly basis daily manifests of the following information: • Date and start/stop time work was performed • Type of work performed • Type of equipment used, including beginning and ending mileage for each day • Contractor's employee(s) • Area or streets swept • Transfer station where debris was taken to and stored,if applicable • Disposal records,including quantity disposed and landfill location 2. GENERAL CONTRACT SUPPLEMENTAL REQUIREMENTS This Section discusses general items for the Contractor and City to perform in preparation of executing the Work. 2.1. CONTRACTOR INFORMATION The Contractor shall submit Contractor information to the City prior to commencing work for the Contract period. The Contractor information shall include,at a minimum: • Contractor owner, Contract Administrator, supervisor(s), and crew lead(s) contact information,including cell phone and,if applicable,email address. • What types of equipment will be used,where,and when • Self-inspec 'on plan and reporting 2.2. CONTRACT TYP This contract requires the Contractor to pay prevailing wages to the Contractor's employees per RCW 39.12.030. This Contract also allows: • An exemption from paying sales tax per WAC 458.20.171. The City shall not be charged retail sales tax. • The City to hold a 5%retention as a percentage of the earned fee(contract retainage)from the Contractor as per RCW 60.28.011. The City will release the retainage when the Supplemental Requirements Contract No.24-188 Street Sweeping Services 7 affidavit o'wages paid has been approved by the WA State Department of Labor and Industries. 2.3. PREVAILING WAGES The Contractor shall comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The hourly wages and benefits of laborers,workers,or mechanics shall not be less than the applicable prevailing wages published by the Department of Labor& Industries (LNI)for Spokane County. Find the most recent prevailing wage rates at LNI's website at: https://secure.lni.wa.gov/wagelookup/PrvWageLookUp.aspx This contract,at a minimum,will require the following trade: • Street And Parking Lot Sweeper Workers(for operating sweeper equipment) WAC 296-127-01393 • Truck Drivers • Power Equipment Operators (for operating loaders) • Laborers The contractor shall use rates effective January 31, 2025 in the first year contract; if additional optional contract years are exercised,the Contractor shall pay wages for the most recently published and effective LNI rates available prior to option year contract execution. 2.4. CONTRACT ADMINISTRATORS The City Manager's designated Administrator for this contract is the City's Public Works Director or his assigns. The day-to-day field inspection and oversight of the contract shall be administered by City public worlds personnel following these Specifications and Contract Documents. The Contractor shall provide the name and contact information for the Contractor's Contract Administrator as outlined in Section 2.1. 2.5. ONE GENERAL CONTRACTOR 2.5.1.Subcontractors The Contractor shall neither subcontract nor assign any obligation or interest in this agreement without the prior written approval of the City. All subcontracted Work will remain the sole responsibility of the general Contractor and the general Contractor will remain the sole contact with the City. 2.5.2.Contractor's Supervisor The Contractor shall designate a supervisor for the work. The supervisor shall have the authority to represent and act for the Contractor. 2.6. COORDINATION OF CONTRACT DOCUMENTS The complete Co tract includes these parts: The Agreement for Services, Bid Proposal, Supplemental Req ' ements, Insurance Certificates, and the Performance and Payment Bond (if elected). These p s complement each other in describing a complete Work. Any requirement binds as if stated in all parts. The Contractor shall provide any Work or materials clearly implied in the Contract even if the Contract does not mention it specifically. Supplemental Requirements Contract No.24-188 Street Sweeping Services 8 2.7. CONTRACT TERM AND OPTION YEARS The contract shall commence on the date the contract is executed and continue through the end of the 2025 calendar year. Upon mutual party approval, the parties may renew the contract for up to (4) four additional Ione-year contract terms from 2026 through the end of 2029. It is anticipated that the option years shall start in January of each year and end on December 31 each year. If the City chooses to exercise additional subsequent and sequential option year contracts, the Contractor and/or the City may request an adjustment of the unit prices annually,and no later than November 15th for the following calendar year. Such prices shall be negotiated by the City and Contractor and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers(CPI-U). The reference point will be the CPI-U for September and the index base period is 1982-1984=100. The source of this percent change shall be the "U.S. Department of Labor, Bureau of Labor Statistics. If the additional option years are exercised, the Contractor must update and pay prevailing wages to the most recently published and effective Washington State Department of Labor& Industries rates for the next contract option year period. 2.8. CONTRACTOR REQUIREMENTS The Contractor reaffirms meeting all requirements and will maintain standards throughout the duration of the Co act and subsequent contracts in option years. The Contractor rep esents and warrants to the City that it has all licenses,permits, insurance and approvals of whats ever nature which are legally required of Contractor to practice its profession. Contractor shall m intain a City of Spokane Valley business license. If the Contractor's tatus changes at any time,the Contractor shall immediately inform the City's Contract Administr for of the change in status. The Contractor shall also supply in writing to the City's Contract A inistrator the Contractor's written plan and time frame for reinstatement of acceptable status. 2.9. CHANGES,CORif CTIONS,AND CLARIFICATIONS 2.9.1.Changes The City reserves the right to make,at any time during the Work,such changes in quantities and such alterations in these Specifications as are necessary to satisfactorily complete the Work. Su eh changes in quantities and alterations shall not invalidate the Contract nor release the Performance and Payment Bond,and the Contractor agrees to perform the Work 1 as altered. Among others,these changes and alterations may include: • De eting any part of the Work • Inc easing or decreasing quantities • Alt ring Specifications • Altering the way the Work is to be done • Adding new Work • Altering facilities, equipment, materials, services, or sites, provided by the Contracting Agency Supplemental Requirements Contract No.24-188 Street Sweeping Services 9 • Ordering the Contractor to speed up or delay the Work Any change that affects the overall Contract effort and amount of Work to be performed, or that costs or saves Contractor and/or City resources shall be documented through Change Order and Oiall indicate any associated impacts on price, schedule, or performance. The City will issue a written Change Order, negotiated with the Contractor, prior to the implementation of any change unless ordered by the City through emergency action(s). Any change not executed through written documentation and acceptance will not be valid unless the change is determined to be a Correction and/or Clarifications. 2.9.2.Corrections&Clarifications To contin ously improve City operations and return value to citizens and rate payers, corrections and/or clarifications to these Specifications may be required from time to time. Where a change is of no value in time or cost to either the Contractor or the City,it will be determined to be a correction and/or clarification and shall be updated within and become part of these Contract documents through addendum. The City reserves the right to update and revise a Specifications reflecting any changes by addendum with the next optional contract ye . 2.10. PAYMENT AUTHORIZATION 2.10.1. City Inspection The City w 11 periodically inspect the work of the Contractor. If the Contractor's Work or conditions bn the City's streets are shown to not meet these Requirements,the Contractor will be notified of the deficiency and allowed to respond to meet the standard. If the deficiency s not made whole within a reasonable period,the Director reserves the right to withhold ether whole or partial payment of invoicing until the standards of these Specifications are met. 2.10.2. Contractor Reports The Contractor shall complete and transmit to the City all periodic, annual, and other reports and work plans as indicated in these Requirements for the period invoiced prior to the City authorizing payment to the Contractor. 2.10.3. Prevailing Wage Requirements No payment will be made until the Contractor has submitted a"Statement of Intent to Pay Prevailing Wages." No final payment or release of any bond will be made on a Contract Term until the Contractor has submitted an"Affidavit of Wages Paid". These documents must be certified by the industrial statistician of the Washington State Department of Labor and Industries and the"owners"copy shall be in the possession of the City. 2.10.4. Invoice Submittal,Review,&Approval Payments shall be made after review, approval, and authorization by the City. Payment authorization shall be conditioned upon the submittal of an invoice setting forth a breakdown of Work and documentation of services that have been provided. Invoices are to be submitted on a regular monthly basis when work has been completed during the previous 30 days. Invoices may be submitted no more frequently than monthly. The payment terms are net 30. Supplemental Requirements Contract No.24-188 Street Sweeping Services I 10 1 2.10.5. Retention of Payment This contract will hold 5%retainage. The City will release retainage after the affidavit of wages paid has been approved by the Department of Labor and Industries. The Contractor will be required to notify the City once the affidavit has been approved for final payout. Supplemental Requirements Contract No.24-188 Street Sweeping Services 11 3. MEASUREMENT'AND PAYMENT This Section describes the Unit Prices for Work to be performed by the Contractor including standards,measurement,and payment. 3.1. Measurement 3.1.1. Sweeping "Sweeping, Type" shall be measured each by the hour for the Type listed in the price proposal form. "Water T ck"or"Truck-Mounted Power Washer"shall be measured each by the hour. "Foreman"shall be measured each by the hour. 3.1.2. Tra sporting Debris Dump Tru k" and "Loader" shall be measured each by the hour as listed in the price proposal form. 3.1.3. Tra c Control and Access "Traffic C ntrol"shall not be measured and payment shall be incidental to all other work being perf rmed under this contract. 3.2. Payment 3.2.1. Sweeping "Sweeping, Type"shall include costs for street sweeping with the use of the type called for on the price proposal form and discussed in this specification. The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for (1) operator, equipment, and all related costs associated with running and maintaining the equipment, etc.No additional compensation will be paid for this work. "Water Truck" or "Truck-Mounted Power Washer" shall include all costs for washing streets and sidewalk areas with the use of a Water Truck or Truck-Mounted Power Washer per this specification.The hourly rate shall include all direct and indirect costs such as fuel, water fees, labor for(1)operator,equipment,and all related costs associated with running and maintaining the equipment,etc.No additional compensation will be paid for this work. "Foreman"shall include costs for a foreman as addressed in this specification. The hourly rate shall include all direct and indirect costs, labor for (1) foreman, vehicle, other equipment, and all related operational costs associated with running and maintaining the equipment,ietc.No additional compensation will be paid for this work. 3.2.2. Transporting Debris "Dump Truck"and"Loader"shall include costs for with the use of the type called for on the price proposal form and discussed in this specification. The hourly rate shall include all direct and indirect costs such as fuel, labor for(1)operator, equipment, and all related costs associated with running and maintaining the equipment, etc. No additional compensation will be paid for this work. Supplemental Requirements Contract No. 24-188 Street Sweeping Services 12 EXHIBIT C Cost Statement PROPOSAL FORM (Continued) Cost Schedule/Cost Statement ITEM ITEM DESCRIPTION EST. UNITS UNIT PRICE BID NO. QTY 1 Sweeping,Mechanical 60 HOURS c .a7 r $ � / '\ 1' KU Type . 3DCK) + ` r 2 Sweeping,Regenerative Air 3000 HOURS ��( $��� 100 Type (� ///L J 3 / 0 Sweeping,High Efficiency 100 HOURS 17) $ r � Vacuum Type ` 30 3 4 Water Thick or Truck- 775 HOURS $ Mounted Power Washer )61: '� ?q-' 0� �,5 Foreman 80 HOURS 0 V $ H�000 6 Dump Truck 250 HOURS --0,7 $ 3 S / �; 0 7 Loader 40 HOURS )3 /-' f $ J37) , cc 0 Total Annual Bid: ,g 74$ 71-14t. 00 i C--- Signatures- --•r —_ _" Date: ✓--- .z Person/Entity Name: Y`ez7T —me.:.✓r / /K.7 ,7 /#' ‹ ," Company: . 5afr,i'",', Z_' C`-, City of Spokane Valley 3 Required Proposal Forms Street Sweeping Services Contract No. 24-188 EXHIBIT D Insurance Endorsements I I Client#: 1926592 AAASWE2 ACORa, CERTIFICATE OF LIABILITY INSURANCE 2/27 DATE(MM/DD/YYYY) M/DDN /2025 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 NAMEACT Jordynn Crouse USI Insurance Services NW CL PHONE(A/C,No,Ext):509-606-0245 FAX (A/C,No): 610-362-8530 601 Union Street, Suite 1000 E-MAILRESS: Y Jord nn.Crouse usi.com ADD Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIL M INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Steadfast Insurance Company 26387 AAA Sweeping, LLC INSURER C Westchester Surplus Lines Insurance Co. 10172 PO Box 624 INSURER D: Veradale, WA 99037 - INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER (MM/DON YYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY X X 24JPS30908 10/19/2024 10/19/2025 EACH OECCCpURRENCE $1,000,000 E CLAIMS-MADE X OCCUR PREMISES(EaEo Tu ence) $1 00,000 X PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X ECOT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WA StopGap $1,000,000 A AUTOMOBILE LIABILITY X X 24JAS30908 10/19/2024 10/19/2025 COMBINEDaccidenUSI $1,000,000 NGLE LIMIT (Ea 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) A x UMBRELLA LIAB X OCCUR X X 24JLU30908 10/19/2024 10/19/2025 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER(PEATUTE I IERH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ H yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Excess Liability AEC318087300 10/19/2024 10/19/2025 $5,000,000 A UR/H 24JIA30908 10/19/2024 10/19/2025 $100,000/$5,000 ded C Pollution Liab G24330746013 10/19/2024 10/19/2025 $1,000,000/$5,000 ded DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:RE: 2025 Street Sweeping Contract,Contract#24-188 The General Liability and automobile policies include an automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder only when there is a written contract that requires such status,and only with regard to work performed by or on behalf of the named insured.The General Liability policy (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 E Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE er0 , I�� ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S48299631/M46769307 MXSJX DESCRIPTIONS (Continued from Page 1) contains a special endorsement with Primary and Noncontributory wording,when required by written contract. The General Liability and Automobile Liability policies includes a Waiver of Subrogation endorsement in favor of the Certificate Holder as referenced above. SAGITTA 25.3(2016/03) 2 of 2 #S48299631/M46769307 EXHIBIT E Performance and Payment Bond Spou'liane .0.00Valley BOND NO: 108161069 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to AAA Sweeping LLC(Contractor),as Principal,a contract for the construction of the project designated as Street Sweeping Services, Project No. 24-188 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of_ Conner..tir.iit and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts. V.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of S748,744.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal, its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications,additions,and changes to said Contract that may hereafter be made,at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts.and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. AAA Swee inr L.L.C. Travelers Casualty and Surety Company of America PRINCIPAL(CONTRACTOR) SURETY .e /Z--3/0 � ) 2/27/2025 rrincip S gr+a Da Surety Signature Date . . Roxana Palacios Printed Name Printed Name 174< l{� g•£+�133' Attnrney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: USI Insurance Services PO Box 370Seattle, WA981 1 1-0379 (206)441-6'100 Updated February 9,2023 EXHIBIT E PERFORMANCE AND PAYMENT BOND pol�ane ../ Y BOND NO: 108161069 CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Spokane County,Washington,has awarded to AAA Sweeping LLC(Contractor),as Principal,a contract for the construction of the project designated as Street Sweeping Services, Project No. 24-188 in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws Connecticut and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$748,744.00total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts.and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. AAA Sweeping L.L.C. Travelers Casualty and Surety Company of America PRINCIPAL(CONTRACTOR) / �SURETY /� ,s- ao% 2/27/2025 rincip Si atu Dat Surety Signature Date _ Roxana Palacios Printed Name Printed Name - 1(;" �� rn Attorney-in-Fact Title ! Title Name,address,and telephone of local office/agent of Surety Company is: USI Insurance Services PO Box 370, Seattle, WA 98111-0370 (206)441-6300 Updated February 9,2023 Travelers Casualty and Surety Company of America IOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Roxana Palacios of SEATTLE , Washington , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. tOfWIrJpli ,A tr aM, Lp L,l HARTFORD, cdp. • cam jfg State of Connecticut 0,71L(‘,1 By: City of Hartford ss. Robert L.Rane , enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. G f1 I�Gu el • aornwr ti My Commission expires the 30th day of June,2026 . +,►. Anna P.Nowik,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attomey executed by said Companies,which remains in full force and effect. Dated this 27th day of February , 2025 . ,04, fa, ,„ `w ", LE.Hughes'1istantSecretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorneys)-in-Fad and the details of the bond to which this Power of Attorney is attached. i� AAASWEE-02 BGARI oRo CERTIFICATE OF LIABILITY INSURANCE DATE 1-1710(NINUO98; dnHTNMIt THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER fi2blAcT Devin Bland INSURED mal Northwest LLC 99220 AAA Sweeping, LLC P.O. Box 624 Veradale, WA 99037 545-3800 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 ADDLSUBR POLICY NUMBER POLICY EFF POLICY EXP UMRB A X rommERCWL. GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X X S2707559 1OM9/2025 10119/2026 EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 500,000 MED EXP (Anyone non $ 15,000 PERSONAL a ADV INJURY S 1'000,000 GENL AGGREGATE LIMIT APPLIES PER: POLICY [X]JECT LOC OTHER: GENERAL AGGREGATE 2,000,000 PRODUCTS-COMP/OPAGG S 2,000,000 WA STOP GAP S 1,000,000 A AUTONOsILELtAeRrrV X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTO .ppSyy��NNEEpp A�TO60NLV ANUT030NLV X X 52707559 - 10119/2025 10119/2026 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY Per non S BODILY INJURY Per 9ocki al S PI2OaPg �t AMAGE A X UMBRELLA UAB EXCESS LIAR X OCCUR CLAIMS -MADE X S 2707559 101IW2025 10/19/2026 EACH OCCURRENCE 10,000,00O AGGREGATE 10,000,000 DEC) I I RETENnON$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY P�R�WOPRIETgOER/PARTNER/EXECUTIVE OFa.'CE(UME.M%)l EXCLUDED? 1M dato NN H yes, descdbe uMe, DESCRIPTION OF OPERATIONS beb NIA OTH• PERTI E.L. EACH ACCIDENT It E.L. DISEASE -EA EMPLOYE E.L. DISEASE - POLICY LIMIT B A Pollution I Environm Leased/Rented Equip X X 24330746014 S2707559 10/1912025 10119/2025 10119M026 10119/2026 Pollution Lia Agg Dad: $1,000 2,000,000 100,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLE$ (ACORD 101, Additional Renadu Schedule, maybe attached R non apau Is required) RE: Street Sweeping Contract, Contract # 24.188 City of Spokane Valley Is an Additional Insured when required by written contract. Coverage Includes Primary and Non Contributory, Ongoing and Completed Operations; Waiver of Subrogation Applies. Policy Farms Attached, n1=071CIPATC un1 nao rAMCFI I ATInM SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Spokane Valley Cityof S THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave. Spokane Valley, WA 99206-0000 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contracting, Installation, Service and Repair General Liability Extended ElitePac� Endorsement COMMERCIAL GENERAL LIABILITY CG 79 8810 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BLANKET ADDITIONAL INSUREDS If the written contract, written agreement, or written permit does not require that the 1. Ongoing Operations additional insured be added with respect to SECTION II — WHO IS AN INSURED is liability arising out of your ongoing operations, or amended to include as an additional insured: requires coverage for the additional insured to be included by the use of ISO's Additional a. Any person or organization for whom you Insured — Owners, Lessees or Contractors — are performing operations when you and Scheduled Person Or Organization such person or organization have agreed in endorsement CG 20 10 07-04 (or subsequent) a written contract, written agreement or edition or its equivalent, then such person or written permit that such person or organization is an additional insured only with organization be added as an additional respect to "bodily injury", "property damage" or insured on your commercial general liability "personal and advertising injury' caused in policy; and whole or in part by your ongoing operations performed under that contract, agreement, or b. Any other person or organization, including permit. any architects, engineers or surveyors not engaged by you, whom you are required to 2. Completed Operations add as an additional insured under your SECTION II — WHO IS AN INSURED is policy in the contract or agreement in amended to include as an additional insured: Paragraph 1. above; If the written contract, written agreement, or a. Any person or organization for whom you written permit requires the additional insured be are performing or have performed operations when you and such person or added with respect to liability arising out of your organization have agreed in written ongoing operations, or requires coverage for the contract, written agreement written permit additional insured to be included by the use of that such person or organization added ISO's Additional Insured — Owners, Lessees or as additional insured on your commercial Contractors — Scheduled Person Or general liability policy; and Organization endorsement CG 20 10 10-01 edition or its equivalent, such person or b. Any other person or organization, including organization is an additional insured only with any architects, engineers or surveyors not respect to liability arising out of your ongoing engaged by you, whom you are required to operations performed under that contract, add as an additional insured under your agreement, or permit. policy in the contract or agreement in Paragraph 1. above; Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 4 If the written contract, written agreement, or written permit requires the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products - completed operations hazard", or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 10-01 edition or its equivalent, such person or organization is an additional insured only with respect to their liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". If the written contract, written agreement, or written permit does not require that the additional insured be added with respect to liability arising out of "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard", or requires coverage for the additional insured to be included by the use of ISO's Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07-04 (or subsequent) edition or its equivalent, then such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by "your work" performed under that contract, agreement, or permit and included in the "products -completed operations hazard". 3. The insurance afforded to the additional insureds in Paragraphs 1. and 2. above: a. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury', "property damage" or "personal and advertising injury"; b. Only applies to the extent permitted by law; and c. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. This insurance does not apply to "bodily injury', "property damage", or "personal and advertising injury' occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. b. With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations, the following is added to 2. Exclusions under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the 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. 5. Conditions With respect to the insurance afforded to these additional insureds under a. Ongoing Operations and b. Completed Operations the following is added to Paragraph 4. Other Insurance, a. Primary Insurance under SECTION IV— COMMERCIAL GENERAL LIABILITY CONDITIONS: 4. Exclusions This insurance is primary to and will not seek a. With respect to the insurance afforded to contribution from any other insurance available additional insureds under a. Ongoing to an additional insured under this policy Operations the following is added to 2. provided that: Exclusions under SECTION I — COVERAGE A— BODILY INJURY AND a. The additional insured is a Named Insured PROPERTY DAMAGE LIABILITY: under such other insurance; and Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 4 b. You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. B. PROPERTY DAMAGE CARE, CUSTODY OR CONTROL 1. The following is added to Exclusion J. under SECTION I — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Paragraphs (4) and (5) of this exclusion do not apply for the limited purpose of providing the coverage and sub -limits of liability as set forth below. We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" to: a. Personal property, including keys, in the care, custody or control of an insured; and b. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations. The most we will pay under a. and b. above in any one "occurrence" or for all damages during any one policy period is a sub -limit of $100,000. These limits are included in and not in addition to the Limits of Insurance shown in the Declarations of the Commercial General Liability Policy. Our right and duty to defend the insured against any "suit" for damages under a. and b. above ends when we have used up the applicable sub - limit of liability in the payment of judgments or settlements under it. 2. With respect this provision only, the following is added to Definition 17. under SECTION V — DEFINITIONS: "Property damage" also includes adjustment of locks to fit new keys or the cost of new locks, including their installation, when replacing keys covered in Paragraph 1.(a) above provided that such "property damage" is not a result of any dishonest act on the part of any insured, or the insured's employees or agents, whether acting alone or in collusion. C. OTHER INSURANCE AMENDMENT — SUPPLEMENTAL COVERAGE FOR INSURED'S INVOLVEMENT IN A CONTROLLED (WRAP-UP) INSURANCE PROGRAM 1. The following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance b. Excess Insurance (1)(a): (v) That is covered by a "controlled (wrap-up) insurance program" in which you are enrolled for your ongoing operations or operations included within the "products - completed operations hazard", unless such "controlled (wrap-up) insurance program" is specifically excluded from coverage on this policy. 2. The following is added to SECTION V — DEFINITIONS: "Controlled (wrap-up) insurance program" means a centralized insurance program under which one party has secured either insurance or self-insurance covering some or all of the contractors or subcontractors performing work on one or more specific project(s). D. FELLOW EMPLOYEE EXTENSION Under SECTION II — WHO IS AN INSURED Paragraphs 2.a. and 2.a. (1) are replaced by the following: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture, or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services. With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION I — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 4 E. CONTRACTUAL LIABILITY (RAILROADS) Definition 9. under SECTION V — DEFINITIONS is amended as follows: 1. Paragraph c. is deleted in its entirety and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) is deleted in its entirety. F. CONTRACTUAL LIABILITY AMENDMENT — (PERSONAL AND ADVERTISING INJURY) If it is required in a written contract, written agreement or written permit with the insured that any contractual liability exclusion for personal injury be removed from the policy, then Exclusion e. Contractual Liability under COVERAGE B PERSONAL AND ADVERTISING INJURY, 2. Exclusions is deleted in its entirety and replaced by the following: e. Contractual Liability "Personal and advertising Injury" for which the insured has assumed liability in a contract or agreement arising out of an "advertisement". This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement'. G. WAIVER OF GOVERNMENTAL IMMUNITY We will waive, both in the adjustment of claims and in the defense of "suits" against the insured, any governmental immunity of the insured, unless the insured requests in writing that we not do so. Waiver of immunity as a defense will not subject us to liability for any portion of a claim or judgment in excess of the applicable limit of insurance. H. DAMAGE TO PREMISES RENTED TO YOU The Limit of Insurance for Damage To Premises Rented To You is increased to $1,000,000. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 79 88 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 4 ElitePac` General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 04 25 SUMMARY OF COVERAGES (including index) This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. Refer to the actual endorsement (Pages 3-through-9) for changes affecting your insurance protection. DESCRIPTION PAGE FOUND Additional Insureds — Primary and Non -Contributory Provision Page 8 Blanket Additional Insureds — As Required By Contract Page 5 • Owners, Lessees or Contractors (includes Architects, Engineers or Surveyors) • Lessors of Leased Equipment • Managers or Lessors of Premises • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture • Grantors of Permits Broad Form Vendors Coverage Page 7 Damage To Premises Rented To You (Including Fire, Lightning or Explosion) Page 3 Electronic Data Liability ($100,000) Page 4 Employee Definition Amended Page 9 Employees As Insureds Modified Page 5 Employer's Liability Exclusion Amended (Not applicable in New York) Page 3 Incidental Malpractice Exclusion modified Page 7 Knowledge of Occurrence, Claim, Suit or Loss Page 7 Liberalization Clause Page 8 Mental Anguish Amendment (Not applicable to New York) Page 9 Newly Formed or Acquired Organizations Page 5 Non -Owned Aircraft Page 3 Non -Owned Watercraft (under 60 feet) Page 3 Not -for -profit Members — as additional insureds Page 5 Personal And Advertising Injury — Discrimination Amendment (Not applicable in New York) Page 8 Products Amendment (Medical Payments) Page 4 Supplementary Payments Amended — Bail Bonds ($5,000) and Loss of Earnings ($1,000) Page 4 Two or More Coverage Parts or Policies Issued By Us Page 8 Unintentional Failure to Disclose Hazards Page 8 Waiver of Transfer of Rights of Recovery (subrogation) Page 8 When Two or More Coverage Parts of this Policy Apply to a Loss Page 3 Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 9 THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 9 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 04 25 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. However, if (a) two or more Coverage Parts of this policy, or (b) two or more forms or endorsements within the same Coverage Part apply to a loss, coverage provision(s) with the broadest language will apply, unless specifically stated otherwise within the particular amendment covering that loss. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. COVERAGES —Amendments B. The following is added to Exclusion g. Aircraft, SECTION I — COVERAGE A BODILY INJURY AND Auto Or Watercraft under COVERAGE A BODILY PROPERTY DAMAGE LIABILITY INJURY AND PROPERTY DAMAGE LIABILITY, 2. EXCLUSIONS Exclusions: Employer's Liability Amendment (This provision is not applicable in the State of New York). The following is added to Exclusion e. Employer's Liability under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions: This exclusion also does not apply to any "temporary worker'. Non -Owned Aircraft, Auto or Watercraft A. Paragraph (2) of Exclusion g. Aircraft, Auto Or Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions is deleted in its entirety and replaced with the following: (2) A watercraft you do not own that is: (a) Less than 26 feet long and not being used to carry persons or property for a charge; or (b) At least 26 feet, but less than 60 feet long, and not being used to carry persons or property for a charge. Any person is an insured who uses or is responsible for the use of such watercraft with your expressed or implied consent. However, if the insured has any other valid and collectible insurance for "bodily injury" or "property damage' that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. This exclusion does not apply to (6) Any aircraft, not owned or operated by any insured, which is hired, chartered or loaned with a paid crew. However, if the insured has any other valid and collectible insurance for "bodily injury' or "property damage' that would be covered under this provision, or on any other basis, this coverage is then excess, and subject to Condition 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. Damage To Premises Rented to You A. The last paragraph of Paragraph 2. Exclusions under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE is deleted in its entirety and replaced with the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III — LIMITS OF INSURANCE. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 9 B. Paragraph 6. under SECTION III — LIMITS OF INSURANCE is deleted in its entirety and replaced with the following: 6. Subject to Paragraph 5. above, the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage caused by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner, for all such damage caused by fire, lightning or explosion proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of the three, is the amount shown in the Declarations for the Damage To Premises Rented To You Limit. C. Paragraph a. of Definition 9. "Insured contract' under SECTION V — DEFINITIONS is deleted in its entirety and replaced with the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; Electronic Data Liability A. Exclusion p. Electronic Data under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Paragraph 2. Exclusions is deleted in its entirety and replaced by the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". However, this exclusion does not apply to liability for damages because of: (1) "Bodily injury"; or (2) Loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that results from physical injury to tangible property. The exception in the paragraph above does not apply to claims for damages because of "bodily injury", "property damage", notification costs, credit or identity monitoring expenses, forensic expenses, public relations expenses, data restoration expenses, extortion expenses or any other similar cost or expense incurred by you or others arising out of a "cyber incident". B. The following paragraph is added to SECTION III — LIMITS OF INSURANCE: Subject to the Each Occurrence Limit in Paragraph 5., the most we will pay under COVERAGE A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is a sub -limit of $100,000. SECTION I — COVERAGE C MEDICAL PAYMENTS EXCLUSIONS Any Insured Amendment Exclusion a. Any Insured under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: a. Any Insured To any insured. This exclusion does not apply to: (1) "Not -for -profit members"; (2) "Golfing facility" members who are not paid a fee, salary, or other compensation; or (3) "Volunteer workers". This exclusion exception does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. Product Amendment Exclusion f. Products -Completed Operations Hazard under COVERAGE C MEDICAL PAYMENTS, 2. Exclusions is deleted in its entirety and replaced with the following: f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". This exclusion does not apply to "your products" sold for use or consumption on your premises, while such products are still on your premises. This exclusion exception, does not apply if COVERAGE C MEDICAL PAYMENTS is excluded by another endorsement to this Coverage Part. SECTION 1 — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B Expenses For Bail Bonds And Loss Of Earnings A. Subparagraph 1.b. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in its entirety and replaced with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 9 B. Subparagraph 1.d. under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is deleted in Its entirety and replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. SECTION II — WHO IS AN INSURED — Amendments Not -for -Profit Organization Members The following paragraph is added to SECTION II — WHO IS AN INSURED: If you are an organization other than a partnership, joint venture, or a limited liability company, and you are a not -for -profit organization, the following are included as additional insureds: 1. Yourofficials; 2. Your trustees; 3. Your members; 4. Your board members; 5. Your commission members; 6. Your agency members; 7. Your insurance managers; 8. Your elective or appointed officers; and 9. Your "not -for -profit members". However only with respect to their liability for your activities or activities they perform on your behalf. Employees As Insureds Modified A. Subparagraph 2.a.(1)(a) under SECTION 11 —WHO IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co -"employee" who is not a "temporary worker". B. Subparagraph 2.a.(2) under SECTION 11 — WHO IS AN INSURED does not apply to "property damage" to the property of a "temporary worker" or "volunteer worker' caused by a co -"employee" who is not a "temporary worker" or "volunteer worker". C. Subparagraph 2.a.(1)(d) under SECTION II — WHO IS AN INSURED does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". With respect to this provision only, Subparagraph (1) of Exclusion 2. e. Employer's Liability under SECTION — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. Newly Formed Or Acquired Organizations A. Subparagraph 3.a. under SECTION 11 — WHO IS AN INSURED is deleted in its entirety and replaced with the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. However, COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. B. The following paragraph is added to SECTION II — WHO IS AN INSURED, Paragraph 3: If you are engaged in the business of construction of dwellings three stories or less in height, or other buildings three stories or less in height and less than 25,000 square feet in area, you will also be an insured with respect to "your work" only, for the period of time described above, for your liability arising out of the conduct of any partnership or joint venture of which you are or were a member, even if that partnership or joint venture is not shown as a Named Insured. However, this provision only applies if you maintain or maintained an interest of at least fifty percent in that partnership or joint venture for the period of that partnership or joint venture. This provision does not apply to any partnership or joint venture that has been dissolved or otherwise ceased to function for more than thirty-six months. With respect to the insurance provided by this provision, Newly Formed or Acquired Organizations, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, Subparagraph b. Excess Insurance: The insurance provided by this provision, Newly Formed or Acquired Organizations, is excess over any other insurance available to the insured, whether primary, excess, contingent or on any other basis. (All other provisions of this section remain unchanged) Blanket Additional Insureds — As Required By Contract A. Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II — WHO IS AN INSURED is amended to include as an additional insured: 1. Owners, Lessees or Contractors/Architects, Engineers and Surveyors a. Any person or organization for whom you are performing operations when you and such person or organization have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional insured on your commercial general liability policy; and b. Any other person or organization, including any architects, engineers or surveyors not engaged by you, whom you are required to add as an additional insured under your policy in the contract or agreement in Paragraph a. above: Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 9 Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts of omissions of those acting on your behalf; in the performance of your ongoing operations performed for the additional insured in Paragraph a., above. However, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services by or for you, 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; and (2) Supervisory, inspection, architectural or engineering activities. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. A person or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph a. above are completed. 2. Other Additional Insureds Any of the following persons or organizations with whom you have agreed in a written contract, written agreement or written permit that such persons or organizations be added as an additional insured on your commercial general liability policy: a. Lessors of Leased Equipment Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. b. Managers or Lessors of Premises Any person or organization from whom you lease premises, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant of that premises. c. Mortgagees, Assignees or Receivers Any person or organization with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of your premises. This insurance does not apply to any "occurrence" which takes place after the mortgage is satisfied, or the assignment or receivership ends. d. Any Person or Organization Other Than A Joint Venture Any person or organization (other than a joint venture of which you are a member), but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts of omissions of those acting on your behalf in the performance of your ongoing operations or in connection with property owned by you. e. State or Governmental Agency or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision, but only with respect to: (1) Operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization; or (2) The following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 9 (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. This insurance does not apply to: I. "Bodily injury" or "property damage" arising out of operations performed for the federal government, state or municipality; or ii. "Bodily injury" or "property damage" included within the "products -completed operations hazard". With respect to Paragraphs 2.b. through 2.d., this insurance does not apply to structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. B. The insurance coverage afforded to the additional insureds in this coverage extension: 1. Does not apply unless the written contract or written agreement has been signed by the Named Insured or written permit issued prior to the "bodily injury' or "property damage" or "personal and advertising injury"; 2. Only applies to the extent permitted by law; and 3. Will not be broader than that which you are required by the written contract, written agreement, or written permit to provide to such additional insured. Broad Form Vendors Coverage Subject to the Primary and Non -Contributory provision set forth in this endorsement, SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) for whom you have agreed in a written contract or written agreement to provide coverage as an additional insured under your policy. Such person or organization is an additional insured only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However, the insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement; however this exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business in connection with the sale of the product; or f. Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part of ingredient of any other thing or substance by or for the vendor; however this insurance does not apply to any insured person or organization, from who you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. The provisions of this coverage extension do not apply unless the written contract or written agreement has been signed by the Named Insured prior to the "bodily injury' or "property damage". Incidental Malpractice Subparagraph 2.a.(1)(d) under SECTION II — WHO IS AN INSURED is deleted in its entirety and replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics if you are not in the business or occupation of providing any such professional services. This also does not apply to "bodily injury" caused by cardio-pulmonary resuscitation or first aid services administered by a co -"employee". This provision does not apply if you are a Social Service or Senior Living risk. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Amendments Knowledge Of Occurrence, Claim, Suit Or Loss The following is added to Paragraph 2. Duties In the Event of Occurrence, Offense, Claim or Suit under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 9 The requirements under this paragraph do not apply until after the "occurrence" or offense is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An "executive officer" or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; or 5. Your elected or appointed officials, officers, members, trustees, board members, commission members, agency members, or your administrator or your insurance manager if you are an organization other than a partnership, joint venture, or limited liability company. Primary and Non -Contributory Provision The following is added to Paragraph 4. Other Insurance, b. Excess Insurance under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is primary to and we will not seek contribution from any other insurance available to an additional insured under this policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in a written contract, written agreement or written permit that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Unintentional Failure To Disclose Hazards The following is added to Paragraph 6. Representations under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: However, if you should unintentionally fail to disclose any existing hazards in your representations to us at the inception date of the policy, or during the policy period in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon such failure to disclose hazards. Waiver Of Transfer Of Rights Of Recovery The following is added to Paragraph 8. Transfer of Rights Of Recovery Against Others To Us under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: We will waive any right of recovery against a person or organization because of payments we make under this Commercial General Liability Coverage Part. This waiver applies only if the insured has agreed in a written contract or written agreement to: 1. Waive any right of recovery against that person or organization; or 2. Assume the liability of that person or organization pursuant to a written contract or written agreement that qualifies as an "insured contract"; and 3. Include such person or organization as an additional insured on your policy. Such waiver by us applies only to that person or organization identified above, and only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. Liberalization The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If we revise this Coverage Part to provide more coverage without additional premium charge, subject to our filed company rules, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. Two or More Coverage Parts or Policies Issued By Us (This provision is not Applicable in the state of New York or Wisconsin). The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: It is our intention that the various coverage parts or policies issued to you by us, or any company affiliated with us, do not provide any duplication or overlap of coverage. We have exercised diligence to draft our coverage parts and policies to reflect this intention. However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or claimed duplication or overlap of coverage between the various coverage parts or policies issued to you by us or any company affiliated with us, the limit of insurance under all such coverage parts or policies combined shall not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or policies. This condition does not apply to any Excess or Umbrella policy issued by us specifically to apply as excess insurance over this coverage part or policy to which this coverage part is attached. SECTION V — DEFINITIONS Discrimination (This provision does not apply in New York). A. The following is added to Definition 14. "Personal and advertising injury": "Personal and advertising injury' also means "discrimination" that results in injury to the feelings or reputation of a natural person, however only if such "discrimination" or humiliation is: 1. Not done by or at the direction of: a. The insured; or b. Anyone considered an insured under SECTION II —WHO IS AN INSURED; 2. Not done intentionally to cause harm to another person. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 9 3. Not directly or indirectly related to the Employee Amendment employment, prospective employment or Definition 5. "Employee" under SECTION V — tennination of employment of any person or DEFINITIONS is deleted in its entirety and replaced by persons by any insured. the following: 4. Not arising out of any "advertisement" by the 5. "Employee" includes a "leased worker", or a insured. "temporary worker'. If you are a School, "Employee" B. The following definition is added to SECTION V — also includes a student teacher. DEFINITIONS: Golfing Facility "Discrimination" means: The following definition is added to SECTION V — a. Any act or conduct that would be considered DEFINITIONS: discrimination under any applicable federal, "Golfing facility" means a golf course, golf club, driving state, or local statute, ordinance or law; range, or miniature golf course. b. Any act or conduct that results in disparate Mental Anguish Amendment treatment of, or has disparate impact on, a person, because of that person's race, religion, (This provision does not apply in New York). gender, sexual orientation, age, disability or Definition 3. "Bodily injury" under SECTION V — physical impairment; or DEFINITIONS is deleted in its entirety and replaced with c. Any act or conduct characterized or interpreted the following: as discrimination by a person based on that 3. "Bodily injury" means bodily injury, sickness or person's race, religion, gender, sexual disease sustained by a person, including death orientation, age, disability or physical resulting from any of these at any time. This impairment. includes mental anguish resulting from any bodily It does not include acts or conduct characterized or injury, sickness or disease sustained by a person. interpreted as sexual intimidation or sexual (In New York, mental anguish has been determined "bodily harassment, or intimidation or harassment based on to be injury"). a person's gender. Not -for -profit Member Electronic Data The following definition is added to SECTION V — The following definition is added to SECTION V — DEFINITIONS: DEFINITIONS: "Not -for -profit member" means a person who is a "Electronic data" means information, facts or programs member of a not -for -profit organization, including clubs stored as or on, created or used on, or transmitted to or and churches, who receives no financial or other from computer software, including systems and compensation. applications software, hard or floppy disks, CD-ROMS, tapes, drives, cell, data processing devices or any other media which are used with electronically controlled equipment. For the purpose of the Electronic Data Liability coverage provided by this endorsement, Definition 17. "Property damage" is deleted in its entirety and replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purpose of the Electronic Data Liability coverage provided by this endorsement, "electronic data" is not tangible property. Copyright, 2024 Selective Insurance Company of America. All rights reserved. CG 73 00 04 25 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 9 ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 04 24 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by the endorsement. AMENDMENT TO SECTION 1 - COVERED AUTOS COVERAGES AND SECTION II - COVERED AUTOS LIABILITY COVERAGE If this policy provides Auto Liability coverage for Owned Autos, the following extension is applicable: EMPLOYEE OWNED AUTOS - BUSINESS USE Solely for purposes of the coverage extended by this endorsement: A. The following is added to SECTION I, A. Description of Covered Auto Designation Symbols: Coverage symbols 1, 2, 3, 4, 5, 6 and 7 are amended to include the following: Any "auto" owned by an "employee" specifically described on the Declarations page or on file with us when issued on a non -specified "auto" basis is considered an "auto" you own and not a covered "auto" you hire, borrow or lease; and B. The following is added to SECTION II, A.1. Who Is An Insured: An "employee" who is the owner of a specifically described "auto" on the Declarations page or on file with us when issued on a non -specified "auto' basis is an "insured". If the "employee" owned "auto" is used: 1. Without your permission; 2. Outside the scope of any policies and procedures your business has for acceptable vehicle usage; 3. For any purpose other than the conduct of your business; or 4. By anyone other than the "employee" who owns the "auto", except another "employee", the limits of liability available to the "employee" or anyone other than a named "insured" under all coverages shall be limited to the higher of: 1. $250,000;or 2. The compulsory or financial responsibility law limits where the "auto" is licensed and principally garaged. AMENDMENTS TO SECTION 11 - LIABILITY COVERAGE A. If this policy provides Auto Liability coverage for Owned Autos, the following extensions are applicable accordingly: NEWLY ACQUIRED OR FORMED ORGANIZATIONS The following is added to SECTION 11, A.1. - Who Is An Insured: Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 2. Coverage does not apply to "bodily injury" or "property damage" resulting from an "accident' that occurred before you acquired or formed the organization. No person or organization is an "insured" with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 7 EXPENSES FOR BAIL BONDS AND LOSS OF EARNINGS Paragraphs (2) and (4) of SECTION II, A.2.a. - Supplementary Payments are deleted in their entirety and replaced with the following: (2) Up to the Limit of Insurance shown on the ElitePac Schedule for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" covered under this policy. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request. This includes actual loss of earnings because of time off from work, which we will pay up to the Limit of Insurance shown on the ElitePac Schedule. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY AMENDMENT The following is added to SECTION 11, B.4. - Exclusions: This exclusion does not apply to a "volunteer worker" who is not entitled to workers compensation, disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE The Fellow Employee Exclusion, SECTION II, B.S. - is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT The following is added to SECTION 11, B.6. - Exclusions: BLANKET ADDITIONAL INSUREDS - As Required By Contract The following is added to SECTION 11, A.1. - Who Is An Insured: Any person or organization whom you have agreed in a written contract, written agreement or written permit that such person or organization be added as an additional "insured" on the Business Auto Coverage Part on your policy is an additional "insured", but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your ownership, maintenance or use of a covered "auto". This coverage shall be primary and non-contributory with respect to the additional "insured". This provision only applies if: 1. It is required in the written contract, written agreement or written permit identified in this section; 2. It is permitted by law; and 3. The written contract or written agreement has been executed (executed means signed by a named insured) or written permit issued prior to the "bodily injury" or "property damage". C. If this policy provides Auto Liability coverage for Non -Owned Autos, the following extension is applicable accordingly: EMPLOYEES AS INSUREDS If this policy provides Auto Liability coverage for Non -Owned Autos, the following is added to SECTION 11, A.1. - Who Is An Insured: This exclusion does not apply to property owned by Any "employee" of yours is an "insured" while using anyone other than an "insured", subject to the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. 1. The most we will pay under this exception for An "employee" of yours is an "insured" while any one "accident" is the Limit of Insurance operating an "auto" hired or rented under a contract stated in the ElitePac Schedule; and or agreement in that "employee's" name with your 2. A per "accident" deductible as stated in the permission, while performing duties related to the ElitePac Schedule applies to this exception. conduct of your business. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. B. If this policy provides Auto Liability coverage for Owned Autos, Non -Owned Autos or Hired Autos, the following extensions are applicable accordingly: LIMITED LIABILITY COMPANIES The following is added to SECTION II, A.1. - Who Is An Insured: If you are a limited liability company, your members and managers are "insureds" while using a covered "auto" you don't own, hire or borrow during the course of their duties for you. AMENDMENTS TO SECTION III - PHYSICAL DAMAGE COVERAGE For those covered "autos" for which Comprehensive, Specified Causes of Loss or Collision coverage shown in the Declaration, the following extensions of coverage are applicable: Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 7 TOWING AND LABOR SECTION III, A.2. - Towing is deleted in its entirety and replaced with the following: We will pay all reasonable towing and labor costs up to the applicable Limit of Insurance shown on the ElitePac Schedule per tow each time a covered "Private Passenger Auto", "Social Service Van or Bus', "Light Truck" or any commercial "auto" with a gross vehicle weight rating or gross combination weight greater than 10,000 pounds is disabled. For labor charges to be eligible for reimbursement the labor must be performed at the place of disablement. Coverage for towing and labor costs afforded by any other endorsement added to the commercial auto policy shall apply in excess of the coverage afforded by this ElitePac. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. GLASS BREAKAGE DEDUCTIBLE The following is added to SECTION III, A.3. - Glass Breakage - Hitting A Bird Or Animal - Falling Objects or Missiles: If damaged glass is repaired rather than replaced, no deductible will apply for such repair. This extension does not apply to Emergency Services Organizations and Governmental Entities. ADDITIONAL TRANSPORTATION EXPENSES SECTION III, AA.a. - Transportation Expenses is deleted in its entirety and replaced with the following: We will pay up to the Limit of Insurance shown on the ElitePac Schedule for temporary transportation expenses that you incur because of any "loss" to a covered "auto", but only if the covered "auto" carries the coverages and meets the requirements described in Paragraphs 1. or 2, below: 1. We will pay temporary transportation expenses for total theft of a covered "auto". We will only pay for such expenses incurred during the period beginning 24 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". 2. For "loss" other than total theft of a covered "auto" under Comprehensive or Specified Causes of Loss Coverage, or for any "loss" under Collision Coverage to a covered "auto", we will only pay for those temporary transportation expenses incurred during a period of time reasonably required to repair or replace the covered "auto", even if that time period extends beyond the policy expiration date. Paragraph 2. of this extension does not apply while there are spare or reserve "autos" available to you for your operations. The 24 hour waiting period found on any other form endorsed onto the Auto Coverage part does not apply for any covered Rental Reimbursement "loss". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO PHYSICAL DAMAGE COVERAGE If Comprehensive, Specified Causes of Loss or Collision coverage applies to a covered "auto", the following is added to SECTION III, A.4. - Coverage Extensions: Physical Damage coverage is hereby extended to apply to Physical Damage "loss' to "autos" leased, hired, rented or borrowed without a driver. We will provide coverage equal to the broadest coverage available to any covered "auto" shown on the Declarations; however, the most we will pay for "loss" to each "auto" under this coverage extension is the lesser of: 1. The Limit of Insurance stated in the ElitePac Schedule; or 2. The actual cash value of the damaged or stolen property as of the time of the "loss; or 3. The actual cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. A part is of like kind and quality when it is of equal or better condition than the pre - accident part. We will use the original equipment from the manufacturer when: (a) The operational safety of the vehicle might otherwise be impaired; (b) Reasonable and diligent efforts to locate the appropriate rebuilt, aftermarket or used part have been unsuccessful; or (c) A new original equipment part of like kind and quality is available and will result in the lowest overall repair cost. For each leased, hired, rented or borrowed covered "auto" our obligation to pay each applicable 'loss' will be reduced by the hired "auto" deductible on this policy. If there is no hired "auto" coverage symbol 8 for physical damage coverage on the policy, our obligation to pay for each 'loss' will be reduced by the deductible equal to the highest deductible applicable to any owned "auto" for that coverage. No deductible will be applied to any loss" caused by fire or lightning. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 7 SECTION IV, B.5. Other Insurance Condition, Paragraph 5.b. is deleted in its entirety and 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 by your "employee" under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. HIRED AUTO LOSS OF USE COVERAGE If Comprehensive, Specified Causes of Loss or Collision coverage applies to a covered "auto", the following is added to SECTION III, A.4. - Coverage Extensions: We will pay expenses for which you are legally responsible to pay for loss of use of a leased, hired, rented or borrowed "auto" if it results from an "accident". The per day limit in the Business Auto Coverage form does not apply and the most we will pay per "accident" is the Limit of Insurance shown on the ElitePac Schedule. Loss of Use Expense limits afforded by any endorsement added to the commercial auto policy shall apply in excess of the coverage afforded by this ElitePac form. This coverage extension does not apply to Emergency Services Organizations, Governmental Entities, and Schools. AUTO LOAN/LEASE GAP COVERAGE (Not Applicable in New York) If Comprehensive, Specked Causes of Loss or Collision coverage applies to a covered "auto", the following is added to SECTION III, A.4. - Coverage Extensions: 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: 1. The amount paid under the Physical Damage Coverage Section of the policy; and 2. Any: a. Overdue or any deferred leaselloan payments at the time of "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear, high mileage or similar charges; c. Security deposits not refunded by the lessor or financial institution; d. Costs for extended warranties, credit life, health, accident, or disability insurance purchased with the loan or lease; and e. Carry-over balances from previous leases or loans. You are responsible for the deductible applicable to the "loss" for the covered "auto". The insurance provided by this coverage provision is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. PERSONAL EFFECTS The following is added to SECTION III, A.4. - Coverage Extensions: If this policy provides Comprehensive Coverage for a covered "auto" you own and that covered "auto" is stolen, we will pay up to the Limit of Insurance shown on the ElitePac Schedule, without application of a deductible, for lost personal effects that were in the covered "auto" at the time of theft. Personal effects do not include jewelry, tools, money, or securities. This coverage is excess over any other collectible insurance. AIRBAG COVERAGE The following is added to SECTION III, B.3.a. - Exclusions: Mechanical breakdown does not include the accidental discharge of an airbag. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities. EXPANDED AUDIO, VISUAL, AND DATA ELECTRONIC EQUIPMENT COVERAGE SECTION III, BA. - Exclusions This exclusion does not apply to the following: 1. Global positioning systems; 2. "Telematic devices"; or 3. Electronic equipment that reproduces, receives or transmits visual or data signals and accessories used with such equipment, provided such equipment is: a. Permanently installed in or upon the covered "auto" at the time of the "loss"; Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 7 b. Removable from a housing unit that is permanently installed in the covered "auto" at the time of the "loss"; c. Designed to be solely operated by use of power from the "auto's" electrical system; or d. Designed to be used solely in or upon the covered "auto". For each covered "loss" to such equipment, a deductible of $50 shall apply, unless the deductible otherwise applicable to such equipment is less than $50, at which point the lower deductible, if any, will apply. COMPREHENSIVE DEDUCTIBLE - LOCATION TRACKING DEVICE The following is added to SECTION III, D. - Deductible: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the covered "auto" is equipped with a location tracking device and that device was the sole method used to recover the "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE SECTION III, C. - Limit Of Insurance is deleted in its entirety and replaced with the following: The most we will pay for a "loss" in any one "accident" is the lesser of: 1. The actual cash value of the damaged or stolen property as of the time of the "loss"; or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. This coverage extension does not apply to Emergency Services Organizations and Governmental Entities, GREEN AUTOMOBILE REPLACEMENT COVERAGE In the event of a total "loss" to an owned "auto" that is a "gasoline powered auto" for which Comprehensive, Specified Causes of Loss, or Collision coverage applies, Physical Damage coverage will be amended as follows: If the owned "gasoline powered auto" is replaced by you with a "green auto", we will pay an additional 10% of the "gasoline powered auto's" actual cash value up to a maximum of $3,000, provided the "auto" is replaced and a copy of a bill of sale or new lease agreement is received by us within 60 calendar days of the date of the "loss". Regardless of the number of "autos" deemed a total loss, the most we will pay under this coverage extension for any one "loss" is $10,000. AMENDMENTS TO SECTION IV - BUSINESS AUTO CONDITIONS DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The following is added to SECTION IV, A.2.a. - Duties In The Event Of Accident, Claim, Suit Or Loss: The notice requirements for reporting "accident" claim, "suit" or "loss" information to us, including provisions related to the subsequent investigation of such "accident", claim, "suit" or "loss" do not apply until the "accident", claim, "suit' or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manager, if you are a corporation; 4. Your members, managers or insurance manager, if you are a limited liability company; 5. Your elected or appointed officials, trustees, board members or your insurance manager, if you are an organization other than a partnership, joint venture or limited liability company. However, this section does not amend the provisions relating to notification of police or protection or examination of the property that was subject to the "loss". WAIVER OF SUBROGATION SECTION IV, A.S. - Transfer Of Rights Of Recovery Against Others To Us is deleted in its entirety and replaced with the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" resulting from the ownership, maintenance or use of a covered "auto" but only when you have assumed liability for such "bodily injury" or "property damage" in an "insured contract". In all other circumstances, if a person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. MULTIPLE DEDUCTIBLES The following is added to SECTION IV, A. - Loss Conditions: If a "loss" from one event involves two or more covered "autos" and coverage under Comprehensive or Specified Causes of Loss applies, only the highest applicable deductible will be applied. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 7 CONCEALMENT, MISREPRESENTATION OR FRAUD The following is added to SECTION IV, B.2. - Concealment, Misrepresentation Or Fraud: If you should unintentionally fail to disclose any existing hazards in your representations to us prior to the inception date of the policy or during the policy period In connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based upon such failure. POLICY PERIOD, COVERAGE TERRITORY SECTION IV, B.7. - Policy Period, Coverage Territory is deleted in its entirety and replaced with the following: Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Declarations; and b. Within the "Coverage Territory". We also cover "loss" to or "accidents" involving a covered "auto" while being transported between any of these places. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US - DEDUCTIBLES The following is added to SECTION IV, B.B. - Two Or More Coverage Forms Or Policies Issued By Us: If a "loss" covered under this Coverage Form also involves a "loss" to other property resulting from the same "accident" that is covered under this policy or another policy issued by us or any member company of ours, only the highest applicable deductible will be applied. TO SECTION V - DEFINITIONS BODILY INJURY INCLUDING MENTAL ANGUISH (Not Applicable in New York) The definition of bodily injury is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness, or disease sustained by a person, including death resulting from any of these. "Bodily injury' includes mental anguish resulting from bodily injury, sickness or disease sustained by a person. ADDITIONS TO SECTION V - DEFINITIONS COVERAGE TERRITORY "Coverage Territory" means: 1. The United States of America (including its territories and possessions), Canada and Puerto Rico; and 2. Anywhere in the world, except for any country or jurisdiction that is subject to trade or other economic sanction or embargo by the United States of America, if a covered "auto" is leased, hired, rented, or borrowed without a driver for a period of 30 days or less, and the insured's responsibility to pay "damages" is determined in a "suit" on the merits in and under the substantive law of the United States of America (including its territories and possessions), Puerto Rico, or Canada, or in a settlement we agree to. If we are prevented by law, or otherwise, from defending the "insured" in a "suit" brought in a location described in Paragraph 2. above, the insured will conduct a defense of that "suit". We will reimburse the "insured" for the reasonable and necessary expenses incurred for the defense of any such "suit" seeking damages to which this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. GASOLINE POWERED AUTO An "auto" that is designed to be solely powered by petroleum -based fuel. GREEN AUTO An "auto" that is designed to be powered by both petroleum -based fuel and electric power; or solely by electricity or any other renewable energy source. LIGHT TRUCK "Light Truck" means a truck with a gross vehicle weight rating of 10,000 pounds or less. PRIVATE PASSENGER AUTO "Private Passenger Auto" means a four-wheel "auto" of the private passenger or station wagon type. A pickup, panel truck or van not used for business is included within the definition of a "private passenger auto". Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 7 SOCIAL SERVICE VAN OR BUS "Social Service Van or Bus" means a van or bus used by a government entity, civic, charitable or social service organization to provide transportation to clients incidental to the social services sponsored by the organization, including special trips and outings. TELEMATIC DEVICE "Telematic Device" includes devices designed for the collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This includes Global Positioning System technology, wireless safety communications and automatic driving assistance systems, all integrated with computers and mobile communications technology in automotive navigation systems. VOLUNTEER WORKER "Volunteer worker" means a person who is not your .'employee" and who donates their work and acts at the direction of you and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CA 78 09 04 24 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 7 OTHER INSURANCE CONDITION FOR ADDITIONAL INSUREDS - NON-CONTRIBUTORY - BLANKET BASIS COMMERCIAL UMBRELLA LIABILITY CXL 449 06 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART The following is added to SECTION IV — CONDITIONS, Paragraph H. Other Insurance: With respect to each additional insured under SECTION II, WHO IS AN INSURED, Paragraph A.5., this insurance is (i) excess over any "underlying policy', and (ii) primary to, and we will not seek contribution from, any other insurance providing coverage to any such additional insured whether primary or excess. However, we will not waive our right to seek contribution from other insurance unless: a. The additional insured is a Named Insured under such other insurance; b. The additional insured is included as an additional insured on an "underlying policy'; c. You have agreed in a written contract, written agreement or written permit that this insurance would be primary to and/or would not seek contribution from any other insurance provided to the additional insured; and d. The written contract or written agreement has been executed (executed means signed by the Named Insured) or written permit issued prior to the "bodily injury" or "property damage" or "personal and advertising injury'. The most we will pay on behalf of the additional insured is the amount of insurance required by the written contract, written agreement or written permit, less any amounts payable by any "underlying insurance", subject to SECTION III — LIMITS OF INSURANCE. This provision is included within and does not act to increase the Limits of Insurance stated in the Declarations. Copyright, 2016 Selective Insurance Company of America. All rights reserved. CXL 449 06 17 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT — ONGOING WORK OR OPERATIONS Named Insured Endorsement Number AAA SweeDina. LLC Policy Symbol Policy Number I Policy Period Effective Date of Endorsement CPW G24330746 014 10/19/2025 to 10/19/2026 10/19/2025 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE: Name of Person(s) or Organization(s): As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION H - WHO IS AN INSURED is amended to include as an additional insured the persons or organizations shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused in ,whole or in part, by: i. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: Exclusions This insurance does not apply to injury or damage occurring after: a. All work or operations, including materials, parts or equipment furnished in connection with such work or operations, on the project (other than service, maintenance or repairs) to be performed by you or on your behalf at the site of the covered operations has been completed; or b. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for the additional insured as a part of the same project. ENV-3250 (12/18) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 2 (221012.1) Westchester A Chubb Company C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3250 (12/18) Includes copyrighted material of Insurance services Office, Inc. with its permission Page 2 of 2 (221012.1) Westchester A Chubb Company ADDITIONAL INSURED ENDORSEMENT- PRODUCTS -COMPLETED OPERATIONS HAZARD Named Insured Endorsement Number AAA Sweepno, LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW G24330746 014 10/19/2025 to 10/19/2026 10/19/2025 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Oreanization(s): As required by written contract, prior to a loss to which this insurance applies. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for injury or damage, to which this insurance applies, caused by or resulting from your work performed for that additional insured and included in the products -completed operations hazard, and only to the extent that such injury or damage is caused, in whole or in part, by your negligence or the negligence of those acting on your behalf. However: 1. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: i. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. ENV-3251(12/18) Includes copyrighted material of Insurance services Office, Inc. with its permission Page i of i (221012.2) Westchester A Chubb Company 1�:Ttt71�/.�i1;7;\,(/l.+[KI]�!1]_�4i/]�I Named Insured Endorsement Number AAA Sweeping, LLC Policy Symbol Policy Number 'Policy Effective Date of Endorsement CPW Gz o 6 01 10t 2oz to tot 2026 10 1 2oz Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to he completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary 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. The named insured has agreed in a written contract or agreement that this insurance would: (i) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3253 (12-18) Includes copyrighted material of Insurance services Office, Inc. with its permission Page i of 1 (266562.2) Westchester A Chubb Company PRIMARY AND NONCONTRIBUTORY— OTHER INSURANCR CONDTTTnN Named Insured Endorsement Number AAA SweeDinz. LLC Policy Symbol Policy Number Poliey Period Effective Date of Endorsement CPW G2 O 6 e1 YO 1 202 to 10 1 2026 10 1 202 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: CONTRACTOR'S POLLUTION LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This policy is primary 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. The named insured has agreed in a written contract or agreement that this insurance would: (1) act as primary insurance; and (2) would not seek contribution from any other insurance available to the additional insured. All other terms and conditions of this policy remain unchanged. ENV-3253 (12-18) Includes copyrighted material of Insurance services Office, Inc. with its permission Page i of i (266562.2) Named Insured Endorsement Number AAA Sweeping. LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement CPW I G24330746 014 10/19/2025 to 10/19/2026 10/19/2025 Issued By (Name of Insurance Company) Westchester Surplus Lines Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Oroanization- As required by written contract, prior to a loss to which this insurance applies. (If no entry aooears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products -completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. All other terms and conditions remain the same. ENV-3143 (03-05) Includes copyrighted material of Insurance Services Office, Inc. with its permission Page 1 of 1