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25-042.00AStrata2025-2028OnCallGeotechServices
Contract No. 2.5-042 AGREEMENT FOR PROFESSIONAL SERVICES STRATA, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and STRATA, Inc., hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2028, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 10 Contract No.25-042 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. Each item of work under this Agreement shall be provided by task assignment pursuant to the Scope of Services,Exhibit A. The hourly and unit rates for each assignment shall be the rates shown in the Fee Schedule,Exhibit B. The amount established for each assignment shall be the maximum amount payable for that assignment unless modified in writing by the City.The total payable for all task assignments shall be limited to a maximum amount of$300,000.00. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. The rates, as shown in Exhibit B,may be amended each calendar year by the express written agreement of the City and the Consultant. The rate increase or decrease shall be negotiated by the City and Consultant 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. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Marci Patterson,City Clerk Name: STRATA,Inc. Phone: (509)720-5000 Phone: 509-891-1904 Address: 10210 East Sprague Avenue Address: 10020 E. Knox Ave., Ste. 200 Spokane Valley,WA 99206 Spokane,WA 99206 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents,and services shall conform to all federal,state, and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of Agreement for Professional Services(with professional liability coverage) Page 2 of 10 Contract No.25-042 or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner,method, and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City,and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices,materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA Agreement for Professional Services(with professional liability coverage) Page 3 of 10 Contract No.25-042 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $2,000,000 per claim and$2,000,000 policy aggregate limit. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. Agreement for Professional Services(with professional liability coverage) Page 4 of 10 Contract No.25-042 D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51,RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees Agreement for Professional Services(with professional liability coverage) Page 5 of 10 Contract No.25-042 that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration(including expert witness fees). 19. Entire Agreement. This written 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 hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant, for itself, its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. Agreement for Professional Services(with professional liability coverage) Page 6 of 10 Contract No.25-042 E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of Section 22 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts,regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Consultant may request that the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat. 252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color,national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the defmition 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); Agreement for Professional Services(with professional liability coverage) Page 7 of 10 Contract No.25-042 Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). 23. Severability. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section,sentence,clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this /2 N day of Ala mil , 20 25. CITY OF SPOKANE VALLEY Consultant: CX.Z14/24,--- John Hohman City Manager By: an Lewis, P.E. - North Region Manager Its: Authorized Representative APPROVED TO FORM: Offic o e ity Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 10 Exhibit A- Scope of Services Geotech Engineering and Material Testing Services for Capital Improvement Projects Each item of work under this AGREEMENT will be provided by task assignment. Each assignment's scope of work will be determined by the City with input from the CONSULTANT. The hourly and unit rates for each scope of work will use the negotiated rates shown in Exhibit B. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY's and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to,the following types of work: Scope of Services to include,but not limited to: Geotechnical Engineering 1. Site Exploration/Evaluation 2. Pavement Section Design 3. Foundation Design/Evaluation 4. Retaining Structures 5. Slope Stability Analysis Material Testing Services 1. Proctor sampling and testing of existing subgrade soils 2. Aggregate sampling and testing 3. Compaction testing for subgrade,trench backfilling, crushed surfacing material and Hot Mix Asphalt. 4. HMA quality assurance testing including aggregate gradation, oil content and air voids(Va) 5. Concrete testing including slump, air entrainment and compression strength testing. Material testing services completed in accordance with the current WSDOT Construction Manual and the WSDOT Standard Specifications as amended by the City of Spokane Valley Standard Specifications. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document is substantially the same format as the exemplar from attached hereto. An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY,except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four working Days, and any billing rates agreed to orally(for individuals, subconsultants, or organizations,or organizations whose rates were not previously established in the AGREEMENT)shall be provisional and subject to final negotiation and acceptance by the AGENCY. Formal Task Assignment Document Task Number The general provisions and clauses of Agreement#XX-XXX shall be in full force and effect for this Task Assignment Consultant: Project Title: COSV Project Number: Maximum Amount Payable Per Task Assignment: Completion Date: Description of Work: (Note attachments and give brief description) Agency Project Manager Signature: Date: Oral Authorization Date: Date: Consultant Signature: Date: Agency Approving Authority: Date: Cx(eNtbit -J SCHEDULE OF FEES Labor Rates Engineer- Staff $145.00 /hour Engineer- Project $190.00 /hour Engineer- Senior $230.00 /hour Field Professional -Soils, Concrete, Asphalt $110.00 /hour Field Professional -Overtime $165.00 /hour Senior Field Professional $130.00 /hour Senior Field Professional -Overtime $195.00 /hour Special Inspector- Reinforced Concrete, Masonry $130.00 /hour Special Inspector-Structural Steel (Welding/Bolting) $140.00 /hour Special Inspector- Ultrasonic Testing $150.00 /hour Special Inspector-Overtime 1 '/times hourly rate Laboratory Services Coordinator $150.00 /hour Project Administrator $90.00 /hour Project Manager $160.00 /hour Laboratory Test Rates Moisture Density Test (Proctor) $270.00 /each Sieve Analysis of Coarse & Fine Aggregate $180.00 /each California Bearing Ratio- 1 Point w/Proctor $600.00 /each Atterberg Limits $170.00 /each Sand Equivalent- 1 Point $130.00 /each Los Angeles Abrasion $300.00 /each Hydrometer .002 & Sieve Analysis $300.00 /each Specific Gravity of Coarse or Fine Aggregate $170.00 /each Sodium/Magnesium Soundness 1-3 Sizes $400.00 /each Sodium/Magnesium Soundness 4-6 Sizes $400.00 /each Asphalt Volumetric Properties -Gyratory $550.00 /each Rice Max Theoretical Test $160.00 /each Extraction Gradation w/Moisture-Ignition Oven $285.00 /each Compressive Strength - Concrete Cylinders 4 x 8 $35.00 /each Compressive Strength -Concrete Cylinders 6 x 12 $35.00 /each Compressive Strength - Masonry Grout Prism $80.00 /each Compressive Strength -Grouted Masonry Prism (Set of 3) $425.00 /each Compressive Strength - Mortar Cylinder 2" x 4" $60.00 /each Equipment/Expenses Vehicle Charge $50.00 /day Density Gauge - Day $100.00 /day Ultrasonic Equipment $200.00 /day Coring Equipment & Generator $450.00 /day 509.891.1904 110020 E.Knox Ave.,Suite 200,Spokane,Washington 99206 stratageotech.com Client#: 10148 STRATAINC EXA ‘‘optC- C- ACORDTM /2025 M/DD/ ACORDTM CERTIFICATE OF LIABILITY INSURANCE 2/28 DATE(MM/DD/ 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 CONTACT Nicole Freeman NAME: Moreton &Company-Idaho PHONE 208 321-9300 FAX 208-321-0101 2501 E State Ave#200 (A/C, Est): (A/c,No): IL ADDRESS: nfreeman@moreton.com Meridian, ID 83642 INSURER(S)AFFORDING COVERAGE NAIL# 208 321-9300 INSURER A:Selective Insurance Co of America 12572 INSURED INSURER B:WCF National Insurance Company 40517 Strata, Inc. INSURER C:Evanston Insurance Company 35378 10020 E. Knox Avenue Various Underwriters at Lloyds INSURER D: Y Suite 200 INSURER E Spokane Valley,WA 99206 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. EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD//YYYY) (MM/DDY EFF Y/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X S2567764 01/01/2025 01/01/2026 EACH OCCURRENCE $1,000,000 DCLAIMS-MADE X OCCUR PREMISESO(ERENTED occu ence) $500,000 X PD Ded:500 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 RO- POLICY_ X JECT LOC PRODUCTS-COMP/OPAGG $3,000,000 OTHER: _ $_ A AUTOMOBILE LIABILITY X X S2567764 01/01/2025 01/01/2026 COMBacciINEDdent) $SINGLE LIMIT $1,000,000 000r 000 (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 S2567764 01/01/2025 01/01/2026 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X 4007657 01/01/2025 01/01/2026 X STATUTE EORH AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Leased/Rented Equ S2567764 01/01/2025 01/01/2026 *See Descriptions C Pollution Li MKLV3ENV104982 01/01/2025 01/01/2026 *See Descriptions D Cyber Liabil ESN0040006114 07/01/2024 07/01/2025 *See Descriptions DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re: The City of Spokane Valley's 2022 On-Call Geotechnical Engineering and Material Testing Services Contract *Leased/Rented Equipment Limit: $50,000($25,000 Per Item); $1,000 Deductible (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Spokane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane,WA 99206-0000 AUTHORIZED REPRESENTATIVE /4 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #52101402/M2064303 SUSKE DESCRIPTIONS (Continued from Page 1) *Contractors Pollution Liability Aggregate(Occurrence)$10,000,000 Each Contractors Pollution Condition Limit$ 5,000,000 Each Transportation Pollution Condition Limit$ 5,000,000 Each Non-Owned Disposal Site Pollution Condition Limit$ 5,000,000 Each Sudden &Accidental Discharge, Release, or Escape of Pollutants Condition Limit$ 1,000,000 Each Crisis Management Limit$ 250,000 Each Emergency Response Limit$ 250,000 Policy Deductible$ 10,000 *Cyber Incident Response: $5,000,000 Each Claim Cyber Legal & Regulatory Costs: $5,000,000 Each Claim; $5,000 Deductible Cyber IT Security& Forensic Costs: $5,000,000 Each Claim; $5,000 Deductible Cyber Crisis Communication Costs: $5,000,000 Each Claim; $5,000 Deductible Cyber Privacy Breach Management Costs: $5,000,000 Each Claim; $5,000 Deductible Cyber Third Party Privacy Breach Management Costs: $5,000,000 Each Claim; $5,000 Deductible SAGITTA 25.3(2016/03) 2 of 2 #S2101402/M2064303 ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG 73 00 10 23 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 00 • Managers or Lessors of Premises • • Mortgagees, Assignees and Receivers • Any Other person or organization other than a joint venture • Grantors of Permits o Broad Form Vendors Coverage Page 7 N 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 8 Knowledge of Occurrence, Claim, Suit or Loss Page 8 Liberalization Clause Page 8 Mental Anguish Amendment(Not applicable to New York) Page 10 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 9 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 9 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, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 INSURED'S COPY THIS PAGE IS INTENTIONALLY LEFT BLANK. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 INSURED'S COPY ElitePac® General Liability Extension Endorsement COMMERCIAL GENERAL LIABILITY CG73001023 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. LO COVERAGES—Amendments B. The following is added to Exclusion g. Aircraft, 00 SECTION I — COVERAGE A BODILY INJURY AND Auto Or Watercraft under COVERAGE A BODILY PROPERTY DAMAGE LIABILITY INJURY AND PROPERTY DAMAGE LIABILITY, 2. 7 Exclusions: LO EXCLUSIONS g Employer's Liability Amendment This exclusion does not apply to: o (6) Any aircraft, not owned or operated by any 8 (This provision is not applicable in the State of New insured, which is hired, chartered or loaned with N York). a paid crew. However, if the insured has any The following is added to Exclusion e. Employer's other valid and collectible insurance for "bodily Liability under COVERAGE A BODILY INJURY AND injury" or "property damage" that would be PROPERTY DAMAGE LIABILITY, 2. Exclusions: covered under this provision, or on any other This exclusion also does not apply to any "temporary basis, this coverage is then excess, and subject worker". to Condition 4. Other Insurance, b. Excess Non-Owned Aircraft, Auto or Watercraft Insurance under SECTION IV — A. Paragraph (2) of Exclusion g. Aircraft, Auto Or COMMERCIAL GENERAL LIABILITY CONDITIONS. Watercraft under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Damage To Premises Rented to You Exclusions is deleted in its entirety and replaced A. The last paragraph of Paragraph 2. Exclusions with the following: under COVERAGE A BODILY INJURY AND (2) A watercraft you do not own that is: PROPERTY DAMAGE is deleted in its entirety and (a) Less than 26 feet long and not being used to replaced with the following: carry persons or property for a charge; or Exclusions c. through n. do not apply to damage by (b) At least 26 feet, but less than 60 feet long, fire, lightning or explosion to premises rented to you and not being used to carry persons or or temporarily occupied by you with the permission property for a charge. Any person is an of the owner. A separate limit of insurance applies insured who uses or is responsible for the to this coverage as described in SECTION III — use of such watercraft with your expressed LIMITS OF INSURANCE. 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. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 INSURED'S COPY B. Paragraph 6. under SECTION III — LIMITS OF B. The following paragraph is added to SECTION III — INSURANCE is deleted in its entirety and replaced LIMITS OF INSURANCE: with the following: Subject to 5. above, the most we will pay under 6. Subject to Paragraph 5. above, the most we will COVERAGE A for "property damage" because of all pay under COVERAGE A for damages because loss of "electronic data" arising out of any one of "property damage" to any one premises, "occurrence" is a sub-limit of$100,000. while rented to you, or in the case of damage SECTION I—COVERAGE C MEDICAL PAYMENTS caused by fire, lightning or explosion, while EXCLUSIONS rented to you or temporarily occupied by you with permission of the owner, for all such Any Insured Amendment damage caused by fire, lightning or explosion Exclusion a. Any Insured under COVERAGE C proximately caused by the same event, whether MEDICAL PAYMENTS, 2. Exclusions is deleted in its such damage results from fire, lightning or entirety and replaced with the following: explosion or any combination of the three, is the a. Any Insured amount shown in the Declarations for the To any insured. Damage To Premises Rented To You Limit. This exclusion does not apply to: C. Paragraph a. of Definition 9. "Insured contract" (1) "Not-for-profit members"; under SECTION V— DEFINITIONS is deleted in its entirety and replaced with the following: (2) "Golfing facility" members who are not paid a a. A contract for a lease of premises. However, fee, salary, or other compensation; or that portion of the contract for a lease of (3) "Volunteer workers". premises that indemnifies any person or This exclusion exception does not apply if COVERAGE organization for damage by fire, lightning or C MEDICAL PAYMENTS is excluded by another explosion to premises while rented to you or endorsement to this Coverage Part. temporarily occupied by you with the permission Product Amendment of the owner is not an "insured contract"; Exclusion f. Products-Completed Operations Hazard Electronic Data Liability under COVERAGE C MEDICAL PAYMENTS, 2. A. Exclusion p. Access or Disclosure Of Exclusions is deleted in its entirety and replaced with Confidential Or Personal Information And the following: Data-related Liability under COVERAGE A f. Products-Completed Operations Hazard BODILY INJURY AND PROPERTY DAMAGE Included within the "products-completed operations LIABILITY, 2. Exclusions is deleted in its entirety hazard". and replaced by the following: This exclusion does not apply to "your products" p. Access or Disclosure Of Confidential Or sold for use or consumption on your premises, while Personal Information And Data-related such products are still on your premises. Liability This exclusion exception, does not apply if COVERAGE Damages arising out of: C MEDICAL PAYMENTS is excluded by another (1) Any access to or disclosure of any person's endorsement to this Coverage Part. or organization's confidential or personal SECTION I — SUPPLEMENTARY PAYMENTS — information, including patents, trade secrets, COVERAGES A AND B processing methods, customer lists, Expenses For Bail Bonds And Loss Of Earnings financial information, credit card information or any other type of nonpublic information; A. Subparagraph 1.b. under SUPPLEMENTARY or PAYMENTS — COVERAGES A AND B is deleted (2) The loss of, loss of use of, damage to, in its entirety and replaced with the following: corruption of, inability to access, or inability b. Up to $5,000 for cost of bail bonds required to manipulate "electronic data" that does not because of accidents or traffic law violations result from physical injury to tangible arising out of the use of any vehicle to which property. Bodily Injury Liability Coverage applies. We do This exclusion applies even if damages are not have to furnish these bonds. claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 INSURED'S COPY B. Subparagraph 1.d. under SUPPLEMENTARY a. Coverage under this provision is afforded PAYMENTS — COVERAGES A AND B is deleted only until the 180th day after you acquire or in its entirety and replaced with the following: form the organization or the end of the d. All reasonable expenses incurred by the insured policy period, whichever is earlier. However, at our request to assist us in the investigation or COVERAGE A does not apply to "bodily defense of the claim or "suit", including actual injury" or "property damage" that occurred loss of earnings up to $1,000 a day because of before you acquired or formed the time off from work. organization. SECTION ll—WHO IS AN INSURED—Amendments B. The following paragraph is added to SECTION Not-for-Profit Organization Members II—WHO IS AN INSURED, Paragraph 3: The following paragraph is added to SECTION II — If you are engaged in the business of WHO IS AN INSURED: construction of dwellings three stories or less in height, or other buildings three stories or less in If you are an organization other than a partnership, joint height and less than 25,000 square feet in area, venture, or a limited liability company, and you are a you will also be an insured with respect to "your not-for-profit organization, the following are included as work" only, for the period of time described additional insureds: above, for your liability arising out of the 1. Your officials; conduct of any partnership or joint venture of 2. Your trustees; which you are or were a member, even if that 3. Your members; partnership or joint venture is not shown as a coco Named Insured. However, this provision only 4. Your board members; applies if you maintain or maintained an interest 5. Your commission members; of at least fifty percent in that partnership or joint venture for the period of that partnership or 6. Your agency members; joint venture. 0 7. Your insurance managers; 0 This provision does not apply to any partnership or joint N 8. Your elective or appointed officers; and venture that has been dissolved or otherwise ceased to 9. Your"not-for-profit members". function for more than thirty-six months. However only with respect to their liability for your With respect to the insurance provided by this provision, activities or activities they perform on your behalf. Newly Formed or Acquired Organizations, the Employees As Insureds Modified following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY, Paragraph 4. Other Insurance, A. Subparagraph 2.a.(1)(a) under SECTION II —WHO Subparagraph b. Excess Insurance: IS AN INSURED does not apply to "bodily injury" to a "temporary worker" caused by a co-"employee" The insurance provided by this provision, Newly who is not a "temporary worker". Formed or Acquired Organizations, is excess over B. Subparagraph 2.a.(2) under SECTION II — WHO IS any other insurance available to the insured, whether AN INSURED does not apply to "property damage" primary, excess, contingent or on any other basis. to the property of a "temporary worker" or"volunteer (All other provisions of this section remain unchanged) worker" caused by a co-"employee" who is not a Blanket Additional Insureds — As Required By "temporary worker" or"volunteer worker". Contract C. Subparagraph 2.a.(1)(d) under SECTION II —WHO A. Subject to the Primary and Non-Contributory IS AN INSURED does not apply to "bodily injury" provision set forth in this endorsement, SECTION II caused by cardio-pulmonary resuscitation or first aid — WHO IS AN INSURED is amended to include as services administered by a co-"employee". an additional insured: With respect to this provision only, Subparagraph (1) of 1. Owners, Lessees or Contractors/Architects, Exclusion 2. e. Employer's Liability under SECTION I Engineers and Surveyors — COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY does not apply. a. Any person or organization for whom you are performing operations when you and Newly Formed Or Acquired Organizations such person or organization have agreed in A. Subparagraph 3.a. under SECTION II — WHO IS a written contract, written agreement or AN INSURED is deleted in its entirety and replaced written permit that such person or with the following: organization be added as an additional insured on your commercial general liability policy; and Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 INSURED'S COPY b. Any other person or organization, including With respect to the insurance afforded to any architects, engineers or surveyors not these additional insureds, this insurance engaged by you, whom you are required to does not apply to any "occurrence" which add as an additional insured under your takes place after the equipment lease policy in the contract or agreement in expires. Paragraph a. above: b. Managers or Lessors of Premises Such person or organization is an additional Any person or organization from whom you insured only with respect to liability for "bodily lease premises, but only with respect to injury", "property damage" or "personal and liability for "bodily injury", "property advertising injury" caused, in whole or in part, damage" or "personal and advertising by: injury" caused, in whole or in part, by you or (1) Your acts or omissions; or those acting on your behalf in connection (2) The acts of omissions of those acting on with the ownership, maintenance or use of your behalf; that part of the premises leased to you. in the performance of your ongoing operations This insurance does not apply to any performed for the additional insured in "occurrence" which takes place after you Paragraph a., above. cease to be a tenant of that premises. However, this insurance does not apply to: c. Mortgagees, Assignees or Receivers "Bodily injury", "property damage" or "personal Any person or organization with respect to and advertising injury" arising out of the their liability as mortgagee, assignee or rendering of, or the failure to render, any receiver and arising out of the ownership, professional architectural, engineering or maintenance or use of your premises. surveying services by or for you, including: This insurance does not apply to any (1) The preparing, approving, or failing to "occurrence" which takes place after the prepare or approve, maps, shop drawings, mortgage is satisfied, or the assignment or opinions, reports, surveys, field orders, receivership ends. change orders or drawings and d. Any Person or Organization Other Than specifications; and A Joint Venture (2) Supervisory, inspection, architectural or Any person or organization (other than a engineering activities. joint venture of which you are a member), Professional services do not include services but only with respect to liability for "bodily within construction means, methods, injury", "property damage" or "personal and techniques, sequences and procedures advertising injury" caused, in whole or in employed by you in connection with your part, by your acts or omissions or the acts of operations in your capacity as a construction omissions of those acting on your behalf in contractor. the performance of your ongoing operations A person or organization's status as an or in connection with property owned by additional insured under this endorsement ends you. when your operations for the person or e. State or Governmental Agency or organization described in Paragraph a. above Political Subdivision — Permits or are completed. Authorizations 2. Other Additional Insureds Any state or governmental agency or Any of the following persons or organizations subdivision or political subdivision, but only with whom you have agreed in a written with respect to: contract, written agreement or written permit (1) Operations performed by you or on your that such persons or organizations be added as behalf for which the state or an additional insured on your commercial governmental agency or subdivision or general liability policy: political subdivision has issued a permit a. Lessors of Leased Equipment or authorization; or 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. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 INSURED'S COPY (2) The following hazards for which the Broad Form Vendors Coverage state or governmental agency or Subject to the Primary and Non-Contributory subdivision or political subdivision has provision set forth in this endorsement, SECTION II — issued a permit or authorization in WHO IS AN INSURED is amended to include as an connection with premises you own, rent additional insured any person or organization (referred or control and to which this insurance to below as vendor) for whom you have agreed in a applies: written contract or written agreement to provide (a) The existence, maintenance, repair, coverage as an additional insured under your policy. construction, erection or removal of Such person or organization is an additional insured advertising signs, awnings, only with respect to "bodily injury" or "property damage" canopies, cellar entrances, coal arising out of "your products" which are distributed or holes, driveways, manholes, sold in the regular course of the vendor's business. marquees, hoist away openings, However, the insurance afforded the vendor does not sidewalk vaults, street banners or apply to: decorations and similar exposures; a. "Bodily injury" or "property damage" for which (b) The construction, erection or the vendor is obligated to pay damages by removal of elevators; or reason of the assumption of liability in a contract (c) The ownership, maintenance or use or agreement; however this exclusion does not of any elevators covered by this apply to liability for damages that the vendor insurance. would have in the absence of the contract or " This insurance does not apply to: agreement; i. "Bodily injury" or "property b. Any express warranty unauthorized by you; 0 damage" arising out of c. Any physical or chemical change in the product N operations performed for the made intentionally by the vendor; ofederal government, state or d. Repackaging, unless unpacked solely for the 0 municipality; or purpose of inspection, demonstration, testing, or o ii. "Bodily injury" or "property the substitution of parts under instructions from damage" included within the the manufacturer, and then repackaged in the "products-completed operations original container; hazard". e. Any failure to make such inspections, With respect to Paragraphs 2.b. through adjustments, tests or servicing as the vendor 2.d., this insurance does not apply to has agreed to make or normally undertakes to structural alterations, new construction or make in the usual course of business in demolition operations performed by or on connection with the sale of the product; or behalf of such person or organization. f. Products which, after distribution or sale by you, B. The insurance coverage afforded to the additional have been labeled or re-labeled or used as a insureds in this coverage extension: container, part of ingredient of any other thing or 1. Does not apply unless the written contract or substance by or for the vendor; however this written agreement has been signed by the insurance does not apply to any insured person Named Insured or written permit issued prior to or organization, from who you have acquired the "bodily injury" or "property damage" or such products, or any ingredient, part or "personal and advertising injury"; container, entering into, accompanying or containing such products. 2. Only applies to the extent permitted by law; and The provisions of this coverage extension do not apply 3. Will not be broader than that which you are unless the written contract or written agreement has required by the written contract, written been signed by the Named Insured prior to the "bodily agreement, or written permit to provide to such injury" or"property damage". additional insured. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 INSURED'S COPY Incidental Malpractice (2) You have agreed in a written contract, written Subparagraph 2.a.(1)(d) under SECTION II — WHO IS agreement or written permit that this insurance AN INSURED is deleted in its entirety and replaced with would be primary and would not seek contribution the following: from any other insurance available to the additional insured. (d) Arising out of his or her providing or failing to provide professional health care services. Unintentional Failure To Disclose Hazards This does not apply to nurses, emergency medical The following is added to Paragraph 6. technicians or paramedics if you are not in the Representations under SECTION IV — business or occupation of providing any such COMMERCIAL GENERAL LIABILITY CONDITIONS: professional services. However, if you should unintentionally fail to disclose This also does not apply to "bodily injury" caused by any existing hazards in your representations to us at the cardio-pulmonary resuscitation or first aid services inception date of the policy, or during the policy period administered by a co "employee". in connection with any additional hazards, we shall not deny coverage under this Coverage Part based upon This provision does not apply if you are a Social Service such failure to disclose hazards. or Senior Living risk. SECTION IV — COMMERCIAL GENERAL LIABILITY Waiver Of Transfer Of Rights Of Recovery CONDITIONS—Amendments The following is added to Paragraph 8. Transfer of KnowledgeRights Of Recovery Against Others To Us under Of Occurrence, Claim, Suit Or Loss SECTION IV — COMMERCIAL GENERAL LIABILITY The following is added to Paragraph 2. Duties in the CONDITIONS: Event of Occurrence, Offense, Claim or Suit under We will waive any right of recovery against a person or SECTION IV — COMMERCIAL GENERAL LIABILITY organization because of payments we make under this CONDITIONS: Commercial General Liability Coverage Part. This The requirements under this paragraph do not apply waiver applies only if the insured has agreed in a written until after the "occurrence" or offense is known to: contract or written agreement to: 1. You, if you are an individual; 1. Waive any right of recovery against that person or 2. A partner, if you are a partnership; organization; or 3. An "executive officer" or insurance manager, if you 2. Assume the liability of that person or organization are a corporation; pursuant to a written contract or written agreement 4. Your members, managers or insurance manager, if that qualifies as an "insured contract"; and you are a limited liability company; or 3. Include such person or organization as an additional insured on your policy. 5. Your elected or appointed officials, officers, members, trustees, board members, commission Such waiver by us applies only to that person or members, agency members, or your administrator organization identified above, and only to the extent that or your insurance manager if you are an the insured has waived its right of recovery against such organization other than a partnership, joint venture, person or organization prior to loss. or limited liability company. Liberalization Primary and Non-Contributory Provision The following condition is added to SECTION IV — The following is added to Paragraph 4. Other COMMERCIAL GENERAL LIABILITY CONDITIONS: Insurance, b. Excess Insurance under SECTION IV — If we revise this Coverage Part to provide more COMMERCIAL GENERAL LIABILITY CONDITIONS: coverage without additional premium charge, subject to This insurance is primary to and we will not seek our filed company rules, your policy will automatically contribution from any other insurance available to an provide the additional coverage as of the day the additional insured under this policy provided that: revision is effective in your state. (1) The additional insured is a Named Insured under such other insurance; and Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 INSURED'S COPY Two or More Coverage Parts or Policies Issued By b. Any act or conduct that results in disparate Us treatment of, or has disparate impact on, a (This provision is not Applicable in the state of New York person, because of that person's race, religion, or Wisconsin). gender, sexual orientation, age, disability or physical impairment; or The following condition is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: c. Any act or conduct characterized or interpreted as discrimination by a person based on that It is our intention that the various coverage parts or person's race, religion, gender, sexual policies issued to you by us, or any company affiliated orientation, age, disability or physical with us, do not provide any duplication or overlap of impairment. coverage. We have exercised diligence to draft our It does not include acts or conduct characterized or coverage parts and policies to reflect this intention. interpreted as sexual intimidation or sexual However, if the facts and circumstances that will respond to any claim or "suit" give rise to actual or harassment, or intimidation or harassment based on claimed duplication or overlap of coverage between the a person's gender. various coverage parts or policies issued to you by us or Electronic Data any company affiliated with us, the limit of insurance The following definition is added to SECTION V — under all such coverage parts or policies combined shall DEFINITIONS: not exceed the highest applicable limit under this coverage, or any one of the other coverage forms or "Electronic data" means information, facts or programs policies. stored as or on, created or used on, or transmitted to or Co from computer software, including systems and This condition does not apply to any Excess or Umbrella applications software, hard or floppy disks, CD-ROMS, policy issued by us specifically to apply as excess tapes, drives, cell, data processing devices or any other 0 insurance over this coverage part or policy to which this media which are used with electronically controlled coverage part is attached. equipment. For the purpose of the Electronic Data u_ o SECTION V— DEFINITIONS Liability coverage provided by this endorsement, Discrimination Definition 17. "Property damage" is deleted in its entirety (.1and replaced by the following: (This provision does not apply in New York). 17. "Property damage" means: A. The following is added to Definition 14. "Personal and advertising injury": a. Physical injury to tangible property, including all resulting loss of use of that property. All such "Personal and advertising injury" also means loss of use shall be deemed to occur at the time "discrimination" that results in injury to the feelings of the physical injury that caused it; or or reputation of a natural person, however only if such "discrimination" or humiliation is: b. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly 1. Not done by or at the direction of: manipulate "electronic data", resulting from a. The insured; or physical injury to tangible property. All such loss b. Anyone considered an insured under of "electronic data" shall be deemed to occur at SECTION II—WHO IS AN INSURED; the time of the "occurrence"that caused it. 2. Not done intentionally to cause harm to another For the purpose of the Electronic Data Liability coverage person. provided by this endorsement, "electronic data" is not tangible property. 3. Not directly or indirectly related to the employment, prospective employment or Employee Amendment termination of employment of any person or Definition 5. "Employee" under SECTION V — persons by any insured. DEFINITIONS is deleted in its entirety and replaced by 4. Not arising out of any "advertisement" by the the following: insured. 5. "Employee" includes a "leased worker", or a B. The following definition is added to SECTION V — "temporary worker". If you are a School, "Employee" DEFINITIONS: also includes a student teacher. "Discrimination" means: Golfing Facility a. Any act or conduct that would be considered The following definition is added to SECTION V — discrimination under any applicable federal, DEFINITIONS: state, or local statute, ordinance or law; "Golfing facility" means a golf course, golf club, driving range, or miniature golf course. Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 INSURED'S COPY Mental Anguish Amendment Not-for-profit Member (This provision does not apply in New York). The following definition is added to SECTION V — Definition 3. "Bodily injury" under SECTION V — DEFINITIONS: DEFINITIONS is deleted in its entirety and replaced with "Not-for-profit member" means a person who is a the following: member of a not-for-profit organization, including clubs 3. "Bodily injury" means bodily injury, sickness or and churches, who receives no financial or other disease sustained by a person, including death compensation. resulting from any of these at any time. This includes mental anguish resulting from any bodily injury, sickness or disease sustained by a person. (In New York, mental anguish has been determined to be "bodily injury"). Copyright, 2023 Selective Insurance Company of America. All rights reserved. CG 73 00 10 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 INSURED'S COPY ruiiuy !Nuiiiu I. JLJV//VV Policy Term: 01/01/2025 01/01/2026 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences" under Section I — Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by acciderts under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Projec General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla cept damages because of "bodily injury" or rations, such limits will be subject to the appl "property damage" included in the "products- cable Designated Construction Project Gen completed operations hazard", and for medi— cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 Wolters Kluwer Financial Services I Uniform FormsT"' B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA 78 09 04 23 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 I — COVERED AUTOS AMENDMENTS TO SECTION II — LIABILITY COVERAGES AND SECTION II — COVERED AUTOS COVERAGE LIABILITY COVERAGE A. If this policy provides Auto Liability coverage for N If this policy provides Auto Liability coverage for Owned Owned Autos, the following extensions are (43 Autos, the following extension is applicable: applicable accordingly: EMPLOYEE OWNED AUTOS - BUSINESS USE NEWLY ACQUIRED OR FORMED o Solely for purposes of the coverage extended by this ORGANIZATIONS N endorsement: The following is added to SECTION II, A.1. — Who f2 A. The following is added to SECTION I, A. Is An Insured: o Description of Covered Auto Designation Any organization you newly acquire or form, other o Symbols: than a partnership, joint venture or limited liability Coverage symbols 1, 2, 3, 4, 5, 6 and 7 are company over which you maintain ownership or amended to include the following: majority interest, will qualify as a Named Insured if Any "auto" owned by an "employee" specifically there is no similar insurance available to that described on the Declarations page or on file with organization. However: us when issued on a non-specified "auto" basis is 1. Coverage under this provision is afforded only considered an "auto" you own and not a covered until the 180th day after you acquire or form the "auto" you hire, borrow or lease; and organization or the end of the policy period, B. The following is added to SECTION II, Al.. Who Is whichever is earlier; An Insured: 2. Coverage does not apply to "bodily injury" or An "employee" who is the owner of a specifically "property damage" resulting from an "accident" described "auto" on the Declarations page or on file that occurred before you acquired or formed the with us when issued on a non-specified "auto" basis organization. is an "insured". No person or organization is an "insured" with If the "employee" owned "auto" is used: respect to the conduct of any current or past 1. Without your permission; partnership, joint venture or limited liability company 2. Outside the scope of any policies and that is not shown as a Named Insured in the Declarations. procedures your business has for acceptable vehicle usage; EXPENSES FOR BAIL BONDS AND LOSS OF 3. For any purpose other than the conduct of your EARNINGS business; or Paragraphs (2) and (4) of SECTION II, A.2.a. — 4. By anyone other than the "employee" who owns Supplementary Payments are deleted in their the "auto", except another"employee", entirety and replaced with the following: the limits of liability available to the "employee" or (2) Up to the Limit of Insurance shown on the anyone other than a named "insured" under all ElitePac Schedule for the cost of bail bonds coverages shall be limited to the higher of: (including bonds for related traffic law 1. $250,000; or violations) required because of an "accident" covered under this policy. We do not have to 2. The compulsory or financial responsibility law furnish these bonds. limits where the "auto" is licensed and principally garaged. Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 INSURED'S COPY (4) All reasonable expenses incurred by the 3. The written contract or written agreement has "insured" at our request. This includes actual been executed (executed means signed by a loss of earnings because of time off from work, named insured) or written permit issued prior to which we will pay up to the Limit of Insurance the "bodily injury"or"property damage". shown on the ElitePac Schedule. C. If this policy provides Auto Liability coverage for EMPLOYEE INDEMNIFICATION AND Non-Owned Autos, the following extension is EMPLOYER'S LIABILITY AMENDMENT applicable accordingly: The following is added to SECTION II, B.4. — EMPLOYEES AS INSUREDS Exclusions: If this policy provides Auto Liability coverage for This exclusion does not apply to a "volunteer Non-Owned Autos, the following is added to worker"who is not entitled to workers compensation, SECTION II, A.1.—Who Is An Insured: disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in The Fellow Employee Exclusion, SECTION II, B.5. your business or your personal affairs. —is deleted in its entirety. An "employee" of yours is an "insured" while CARE, CUSTODY OR CONTROL AMENDMENT operating an "auto" hired or rented under a contract The following is added to SECTION II, B.6. — or agreement in that "employee's" name with your Exclusions: permission, while performing duties related to the This exclusion does not apply to property owned by conduct of your business. anyone other than an "insured", subject to the AMENDMENTS TO SECTION III — PHYSICAL following: DAMAGE COVERAGE 1. The most we will pay under this exception for For those covered "autos" for which Comprehensive, any one "accident" is the Limit of Insurance Specified Causes of Loss or Collision coverage shown stated in the ElitePac Schedule; and in the Declaration, the following extensions of coverage 2. A per "accident" deductible as stated in the are applicable: ElitePac Schedule applies to this exception. TOWING AND LABOR B. If this policy provides Auto Liability coverage for SECTION III, A.2. — Towing is deleted in its entirety Owned Autos, Non-Owned Autos or Hired Autos,the and replaced with the following: following extensions are applicable accordingly: LIMITED LIABILITY COMPANIES We will pay all reasonable towing and labor costs up to The following is added to SECTION II, A.1. — Who the applicable Limit of Insurance shown on the ElitePac Is An Insured: Schedule per tow each time a covered "Private Passenger Auto", "Social Service Van or Bus", "Light If you are a limited liability company, your members Truck" or any commercial "auto" with a gross vehicle and managers are "insureds" while using a covered weight or gross combination weight greater than 10,000 "auto" you don't own, hire or borrow during the pounds is disabled. course of their duties for you. BLANKET ADDITIONAL INSUREDS — As For labor charges to be eligible for reimbursement the Required By Contract labor must be performed at the place of disablement. The following is added to SECTION II, A.1. — Who This coverage extension does not apply to Emergency Is An Insured: Services Organizations and Governmental Entities. Any person or organization whom you have agreed GLASS BREAKAGE DEDUCTIBLE in a written contract, written agreement or written The following is added to SECTION III, A.3. — Glass permit that such person or organization be added as Breakage — Hitting A Bird Or Animal — Falling an additional "insured" on the Business Auto Objects or Missiles: Coverage Part on your policy is an additional If damaged glass is repaired rather than replaced, no "insured", but only with respect to liability for "bodily deductible will apply for such repair. This extension does injury" or "property damage" caused, in whole or in not apply to Emergency Services Organizations and part, by your ownership, maintenance or use of a Governmental Entities. 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 Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 INSURED'S COPY ADDITIONAL TRANSPORTATION EXPENSES (c) A new original equipment part of like kind SECTION III, A.4.a. — Transportation Expenses is and quality is available and will result in the deleted in its entirety and replaced with the following: lowest overall repair cost. We will pay up to the Limit of Insurance shown on the For each leased, hired, rented or borrowed covered ElitePac Schedule for temporary transportation "auto" our obligation to pay each applicable "loss"will be expenses that you incur because of any "loss" to a reduced by the hired "auto" deductible on this policy. If covered "auto", but only if the covered "auto" carries the there is no hired "auto" coverage symbol 8 for physical coverages and meets the requirements described in damage coverage on the policy, our obligation to pay for Paragraphs 1. or 2. below: each "loss" will be reduced by the deductible equal to 1. We will pay temporary transportation expenses for the highest deductible applicable to any owned "auto"for total theft of a covered "auto". We will only pay for that coverage. No deductible will be applied to any"loss" such expenses incurred during the period beginning caused by fire or lightning. 24 hours after the theft and ending, regardless of SECTION IV, B.5. Other Insurance Condition, the policy's expiration, when the covered "auto" is Paragraph 5.b. is deleted in its entirety and replaced by returned to use or we pay for its "loss". the following: 2. For"loss"other than total theft of a covered "auto" For Hired Auto Physical Damage Coverage, the under Comprehensive or Specified Causes of Loss following are deemed to be covered "autos- you own: Coverage, or for any"loss" under Collision 1. Any covered "auto" you lease, hire, rent, or borrow; Coverage to a covered "auto", we will only pay for and those temporary transportation expenses incurred 2. Any covered "auto" hired or rented by your M during a period of time reasonably required to repair "employee" under a contract or agreement in that or replace the covered "auto", even if that time "employee's" name, with your permission, while period extends beyond the policy expiration date. performing duties related to the conduct of your 07) Paragraph 2. of this extension does not apply while business. there are spare or reserve "autos" available to you However, any "auto" that is leased, hired, rented or o for your operations. borrowed with a driver is not a covered "auto". o The 24 hour waiting period found on any other form This coverage extension does not apply to Emergency endorsed onto the Auto Coverage part does not Services Organizations and Governmental Entities. apply for any covered Rental Reimbursement"loss". HIRED AUTO LOSS OF USE COVERAGE This coverage extension does not apply to Emergency If Comprehensive, Specified Causes of Loss or Collision Services Organizations and Governmental Entities. coverage applies to a covered "auto", the following is HIRED AUTO PHYSICAL DAMAGE COVERAGE added to SECTION III, A.4. —Coverage Extensions: If Comprehensive, Specified Causes of Loss or Collision We will pay expenses for which you are legally coverage applies to a covered "auto", the following is responsible to pay for loss of use of a leased, hired, added to SECTION III, A.4.—Coverage Extensions: rented or borrowed "auto" if it results from an "accident". Physical Damage coverage is hereby extended to apply The per day limit in the Business Auto Coverage form to Physical Damage "loss" to "autos" leased, hired, does not apply and the most we will pay per"accident" is rented or borrowed without a driver. We will provide the Limit of Insurance shown on the ElitePac Schedule. coverage equal to the broadest coverage available to Loss of Use Expense limits afforded by any any covered "auto" shown on the Declarations; however, endorsement added to the commercial auto policy shall the most we will pay for "loss" to each "auto" under this apply in excess of the coverage afforded by this coverage extension is the lesser of: ElitePac form. 1. The Limit of Insurance stated in the ElitePac This coverage extension does not apply to Emergency Schedule; or Services Organizations, Governmental Entities, and 2. The actual cash value of the damaged or stolen Schools. property as of the time of the "loss"; or AUTO LOAN/LEASE GAP COVERAGE (Not 3. The actual cost of repairing or replacing the Applicable in New York) damaged or stolen property with other property of If Comprehensive, Specified Causes of Loss or Collision like kind and quality. A part is of like kind and quality coverage applies to a covered "auto", the following is when it is of equal or better condition than the added to SECTION III, A.4.—Coverage Extensions: 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 Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 INSURED'S COPY In the event of a total "loss" to a covered "auto" we will b. Removable from a housing unit that is pay any unpaid amount due on the lease or loan for a permanently installed in the covered "auto" at covered "auto", less: the time of the "loss"; 1. The amount paid under the Physical Damage c. Designed to be solely operated by use of power Coverage Section of the policy; and from the "auto's" electrical system; or 2. Any: d. Designed to be used solely in or upon the a. Overdue lease/loan payments at the time of covered "auto". "loss"; For each covered "loss" to such equipment, a deductible b. Financial penalties imposed under a lease for of $50 shall apply, unless the deductible otherwise excessive use, abnormal wear and tear, high applicable to such equipment is less than $50, at which mileage or similar charges; point the lower deductible, if any, will apply. c. Security deposits not refunded by the lessor or COMPREHENSIVE DEDUCTIBLE — LOCATION financial institution; TRACKING DEVICE d. Costs for extended warranties, credit life, health, The following is added to SECTION III, D. - Deductible: accident, or disability insurance purchased with Any Comprehensive Coverage Deductible shown in the the loan or lease; and Declarations will be reduced by 50% for any "loss" e. Carry-over balances from previous leases or caused by theft if the covered "auto" is equipped with a loans. location tracking device and that device was the sole You are responsible for the deductible applicable to the method used to recover the"auto". "loss"for the covered "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE PERSONAL EFFECTS SECTION III, C. — Limit Of Insurance is deleted in its The following is added to SECTION III, A.4. — entirety and replaced with the following: Coverage Extensions: The most we will pay for a "loss" in any one "accident" is If this policy provides Comprehensive Coverage for a the lesser of: covered "auto" you own and that covered "auto" is 1. The actual cash value of the damaged or stolen stolen, we will pay up to the Limit of Insurance shown on property as of the time of the "loss"; or the ElitePac Schedule, without application of a 2. The cost of repairing or replacing the damaged or deductible, for lost personal effects that were in the stolen property with other property of like kind and covered "auto" at the time of theft. Personal effects do quality. not include jewelry, tools, money, or securities. This This coverage extension does not apply to Emergency coverage is excess over any other collectible insurance. Services Organizations and Governmental Entities. AIRBAG COVERAGE GREEN AUTOMOBILE REPLACEMENT COVERAGE The following is added to SECTION III, B.3.a. — In the event of a total "loss"to an owned "auto" that is a Exclusions: "gasoline powered auto" for which Comprehensive, Mechanical breakdown does not include the accidental Specified Causes of Loss, or Collision coverage discharge of an airbag. applies, Physical Damage coverage will be amended as This coverage extension does not apply to Emergency follows: Services Organizations and Governmental Entities. If the owned"gasoline powered auto" is replaced by you EXPANDED AUDIO, VISUAL, AND DATA with a "green auto", we will pay an additional 10% of the ELECTRONIC EQUIPMENT COVERAGE "gasoline powered auto's" actual cash value up to a SECTION III, B.4.— Exclusions maximum of $3,000, provided the "auto" is replaced and a copy of a bill of sale or new lease agreement is This exclusion does not apply to the following: received by us within 60 calendar days of the date of 1. Global positioning systems; the "loss". 2. "Telematic devices"; or Regardless of the number of "autos" deemed a total 3. Electronic equipment that reproduces, receives or loss, the most we will pay under this coverage transmits visual or data signals and accessories extension for any one "loss" is $10,000. used with such equipment, provided such equipment is: a. Permanently installed in or upon the covered "auto" at the time of the "loss"; Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 INSURED'S COPY AMENDMENTS TO SECTION IV — BUSINESS AUTO If you should unintentionally fail to disclose any existing CONDITIONS hazards in your representations to us prior to the DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT inception date of the policy or during the policy period in OR LOSS connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based The following is added to SECTION IV, A.2.a.-- Duties upon such failure. In The Event Of Accident, Claim, Suit Or Loss: POLICY PERIOD, COVERAGE TERRITORY The notice requirements for reporting "accident" claim, SECTION IV, B.7. — Policy Period, Coverage "suit" or "loss" information to us, including provisions Territory is deleted in its entirety and replaced with the related to the subsequent investigation of such following: "accident", claim, "suit" or "loss" do not apply until the Under this Coverage Form, we cover "accidents" and "accident", claim, "suit" or"loss" is known to: "losses" occurring: 1. You, if you are an individual; a. During the policy period shown in the Declarations; 2. A partner, if you are a partnership; and 3. An executive officer or insurance manager, if you b. Within the "Coverage Territory". are a corporation; We also cover "loss" to or "accidents" involving a 4. Your members, managers or insurance manager, if covered "auto" while being transported between any of you are a limited liability company; these places. TWO OR MORE COVERAGE FORMS OR POLICIES 5. Your elected or appointed officials, trustees, board ISSUED BY US—DEDUCTIBLES members or your insurance manager, if you are an C° organization other than a partnership, joint venture The following is added to SECTION IV, B.8. — Two Or 9 More Coverage Forms Or Policies Issued By Us: 0 or limited liability company. If a "loss" covered under this Coverage Form also ( However, this section does not amend the provisions involves a "loss" to other property resulting from the relating to notification of police or protection or same "accident" that is covered under this policy or • examination of the property that was subject to the another policy issued by us or any member company of o "loss". ours, only the highest applicable deductible will be o WAIVER OF SUBROGATION applied. Q SECTION IV, A.5. —Transfer Of Rights Of Recovery AMENDMENTS TO SECTION V— DEFINITIONS Against Others To Us is deleted in its entirety and BODILY INJURY INCLUDING MENTAL ANGUISH replaced with the following: (Not Applicable in New York) We waive any right of recovery we may have against The definition of bodily injury is deleted in its entirety any person or organization because of payments we and replaced by the following: make for "bodily injury" or "property damage" resulting "Bodily injury" means bodily injury, sickness, or disease from the ownership, maintenance or use of a covered sustained by a person, including death resulting from "auto" but only when you have assumed liability for such any of these. "Bodily injury" includes mental anguish "bodily injury" or "property damage" in an "insured resulting from bodily injury, sickness or disease con-tract". In all other circumstances, if a person or sustained by a person. organization to or for whom we make payment under ADDITIONS TO SECTION V—DEFINITIONS this Coverage Form has rights to recover damages from another, those rights are transferred to us. COVERAGE TERRITORY MULTIPLE DEDUCTIBLES "Coverage Territory" means: The following is added to SECTION IV, A. — Loss 1. The United States of America (including its Conditions: territories and possessions), Canada and Puerto If a "loss" from one event involves two or more covered Rico; and "autos" and coverage under Comprehensive or 2. Anywhere in the world, except for any country or Specified Causes of Loss applies, only the highest jurisdiction that is subject to trade or other economic applicable deductible will be applied. sanction or embargo by the United States of CONCEALMENT, MISREPRESENTATION OR FRAUD America, if a covered "auto" is leased, hired, rented, The following is added to SECTION IV, B.2. — or borrowed without a driver for a period of 30 days Concealment, Misrepresentation Or Fraud: 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. Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 INSURED'S COPY If we are prevented by law, or otherwise, from defending SOCIAL SERVICE VAN OR BUS the "insured" in a "suit"brought in a location described in "Social Service Van or Bus" means a van or bus used Paragraph 2. above, the insured will conduct a defense by a government entity, civic, charitable or social of that "suit". We will reimburse the "insured" for the service organization to provide transportation to clients reasonable and necessary expenses incurred for the incidental to the social services sponsored by the defense of any such "suit" seeking damages to which organization, including special trips and outings. this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. TELEMATIC DEVICE GASOLINE POWERED AUTO "Telematic Device" includes devices designed for the An "auto" that is designed to be solely powered by collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This petroleum-based fuel. includes Global Positioning System technology, wireless GREEN AUTO safety communications and automatic driving assistance An "auto" that is designed to be powered by both systems, all integrated with computers and mobile petroleum-based fuel and electric power; or solely by communications technology in automotive navigation electricity or any other renewable energy source. systems. LIGHT TRUCK VOLUNTEER WORKER "Light Truck" means a truck with a gross vehicle weight "Volunteer worker" means a person who performs rating of 10,000 pounds or less. business duties for you, for no financial or other PRIVATE PASSENGER AUTO compensation. "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, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 INSURED'S COPY ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA 78 16 04 23 SCHEDULE OF COVERAGE EXTENSIONS AND LIMITS OF INSURANCE This ElitePac Schedule is a summary of additional coverages, coverage modifications and corresponding Limits of Insurance that supplements the Business Auto Coverage Form. No coverage is provided by this summary. Refer to the actual endorsement for changes affecting your insurance protection. DESCRIPTION AMENDMENTS TO SECTION I—COVERED AUTOS COVERAGES AND SECTION II—COVERED AUTOS LIABILITY COVERAGE m Employee Owned Autos- Business Use Coverage Extension AMENDMENTS TO SECTION II— LIABILITY COVERAGE NNewly Acquired Or Formed Organizations Coverage Extension LL Expenses For Bail Bonds And Loss Of Earnings 0 o Bail Bonds $3,000 Per"Accident" N Loss Of Earnings $1,000 Per Day Employee Indemnification and Employer's Liability Amendment Coverage Extension Fellow Employee Coverage Coverage Extension Care, Custody Or Control Amendment $1,000 Per Accident $500 Deductible Per "Accident" Limited Liability Companies Coverage Extension Blanket Additional Insureds Coverage Extension Employees As Insureds Coverage Extension AMENDMENTS TO SECTION III— PHYSICAL DAMAGE COVERAGE Towing And Labor Coverage Extension Private Passenger Auto, Social Service Van or Bus, Light Truck $75 Per Tow Commercial Auto With GVW or GCW Greater Than 10,000 Pounds $150 Per Tow Glass Breakage Deductible Coverage Extension Additional Transportation Expenses $60 per day up to a maximum of$1,800 Hired Auto Physical Damage Coverage $75,000 per"loss" Hired Auto Loss of Use Coverage $750 Per"Accident" Auto Loan/Lease Gap Coverage (Not Available in New York) Coverage Extension Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 16 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 2 INSURED'S COPY DESCRIPTION AMENDMENTS TO SECTION III— PHYSICAL DAMAGE COVERAGE—Continued Personal Effects $500 Per"Accident" Airbag Coverage Coverage Extension Expanded Audio, Visual,And Data Electronic Equipment Coverage Coverage Extension Comprehensive Deductible - Location Tracking Device Coverage Extension Physical Damage Limit Of Insurance Coverage Extension Green Automobile Replacement Coverage 10% up to$3,000 per"auto", $10,000 maximum per"loss" AMENDMENTS TO SECTION IV— BUSINESS AUTO CONDITIONS Duties In The Event Of Accident, Claim, Suit Or Loss Coverage Extension Waiver of Subrogation Coverage Extension Multiple Deductibles Coverage Extension Concealment, Misrepresentation Or Fraud Coverage Extension Policy Period, Coverage Territory Coverage Extension Two Or More Coverage Forms Or Policies Issued By Us - Deductibles Coverage Extension AMENDMENTS TO SECTION V—DEFINITIONS Bodily Injury Including Mental Anguish (Not Applicable in New York) Broadened Definition Coverage Territory Broadened Definition Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 16 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 2 INSURED'S COPY ElitePac® Commercial Automobile Extension COMMERCIAL AUTO CA78090423 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 I — COVERED AUTOS AMENDMENTS TO SECTION II — LIABILITY COVERAGES AND SECTION II — COVERED AUTOS COVERAGE LIABILITY COVERAGE A. If this policy provides Auto Liability coverage for If this policy provides Auto Liability coverage for Owned Owned Autos, the following extensions are m Autos, the following extension is applicable: applicable accordingly: EMPLOYEE OWNED AUTOS - BUSINESS USE NEWLY ACQUIRED OR FORMED o Solely for purposes of the coverage extended by this ORGANIZATIONS N endorsement: The following is added to SECTION II, A.1. — Who o A. The following is added to SECTION I, A. Is An Insured: o Description of Covered Auto Designation Any organization you newly acquire or form, other o Symbols: than a partnership, joint venture or limited liability Coverage symbols 1, 2, 3, 4, 5, 6 and 7 are company over which you maintain ownership or amended to include the following: majority interest, will qualify as a Named Insured if Any "auto" owned by an "employee" specifically there is no similar insurance available to that described on the Declarations page or on file with organization. However: us when issued on a non-specified "auto' basis is 1. Coverage under this provision is afforded only considered an "auto" you own and not a covered until the 180th day after you acquire or form the "auto" you hire, borrow or lease; and organization or the end of the policy period, B. The following is added to SECTION II, A.1.Who Is whichever is earlier; An Insured: 2. Coverage does not apply to "bodily injury" or An "employee" who is the owner of a specifically "property damage" resulting from an "accident" described "auto" on the Declarations page or on file that occurred before you acquired or formed the with us when issued on a non-specified "auto" basis organization. is an "insured". No person or organization is an "insured" with If the "employee"owned "auto" is used: respect to the conduct of any current or past 1. Without your permission; partnership, joint venture or limited liability company 2. Outside the scope of any policies and that is not shown as a Named Insured in the Declarations. procedures your business has for acceptable vehicle usage; EXPENSES FOR BAIL BONDS AND LOSS OF 3. For any purpose other than the conduct of your EARNINGS business; or Paragraphs (2) and (4) of SECTION II, A.2.a. — 4. By anyone other than the "employee" who owns Supplementary Payments are deleted in their the"auto", except another"employee", entirety and replaced with the following: the limits of liability available to the "employee" or (2) Up to the Limit of Insurance shown on the anyone other than a named "insured" under all ElitePac Schedule for the cost of bail bonds coverages shall be limited to the higher of: (including bonds for related traffic law 1. $250,000; or violations) required because of an "accident" covered under this policy. We do not have to 2. The compulsory or financial responsibility law furnish these bonds. limits where the "auto" is licensed and principally garaged. Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 INSURED'S COPY (4) All reasonable expenses incurred by the 3. The written contract or written agreement has "insured" at our request. This includes actual been executed (executed means signed by a loss of earnings because of time off from work, named insured) or written permit issued prior to which we will pay up to the Limit of Insurance the "bodily injury" or"property damage". shown on the ElitePac Schedule. C. If this policy provides Auto Liability coverage for EMPLOYEE INDEMNIFICATION AND Non-Owned Autos, the following extension is EMPLOYER'S LIABILITY AMENDMENT applicable accordingly: The following is added to SECTION II, B.4. — EMPLOYEES AS INSUREDS Exclusions: This exclusion does not apply to a "volunteer If this policy provides Auto Liability coverage for worker"who is not entitled to workers compensation, SECTION II, A.1.—Who Is An Insured: Autos, the following isadded to d: disability or unemployment compensation benefits. FELLOW EMPLOYEE COVERAGE Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in The Fellow Employee Exclusion, SECTION II, B.5. your business or your personal affairs. —is deleted in its entirety. CARE, CUSTODY OR CONTROL AMENDMENT An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract The following is added to SECTION II, B.6. — or agreement in that "employee's" name with your Exclusions: permission, while performing duties related to the This exclusion does not apply to property owned by conduct of your business. anyone other than an "insured", subject to the AMENDMENTS TO SECTION III — PHYSICAL following: DAMAGE COVERAGE 1. The most we will pay under this exception for For those covered "autos" for which Comprehensive, any one "accident" is the Limit of Insurance Specified Causes of Loss or Collision coverage shown stated in the ElitePac Schedule; and in the Declaration, the following extensions of coverage 2. A per "accident" deductible as stated in the are applicable: ElitePac Schedule applies to this exception. TOWING AND LABOR B. If this policy provides Auto Liability coverage for SECTION III, A.2. — Towing is deleted in its entirety Owned Autos, Non-Owned Autos or Hired Autos,the following extensions are applicable accordingly: and replaced with the following: LIMITED LIABILITY COMPANIES We will pay all reasonable towing and labor costs up to The following is added to SECTION II, A.1. — Who the applicable Limit of Insurance shown on the ElitePac Is An Insured: Schedule per tow each time a covered "Private Passenger Auto", "Social Service Van or Bus", "Light If you are a limited liability company, your members Truck" or any commercial "auto" with a gross vehicle and managers are "insureds" while using a covered weight or gross combination weight greater than 10,000 "auto" you don't own, hire or borrow during the pounds is disabled. course of their duties for you. BLANKET ADDITIONAL INSUREDS — As For labor charges to be eligible for reimbursement the Required By Contract labor must be performed at the place of disablement. The following is added to SECTION II, A.1. — Who This coverage extension does not apply to Emergency Is An Insured: Services Organizations and Governmental Entities. Any person or organization whom you have agreed GLASS BREAKAGE DEDUCTIBLE in a written contract, written agreement or written The following is added to SECTION III, A.3. — Glass permit that such person or organization be added as Breakage — Hitting A Bird Or Animal — Falling an additional "insured" on the Business Auto Objects or Missiles: Coverage Part on your policy is an additional If damaged glass is repaired rather than replaced, no "insured", but only with respect to liability for "bodily deductible will apply for such repair. This extension does injury" or "property damage" caused, in whole or in not apply to Emergency Services Organizations and part, by your ownership, maintenance or use of a Governmental Entities. 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 Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 INSURED'S COPY ADDITIONAL TRANSPORTATION EXPENSES (c) A new original equipment part of like kind SECTION III, A.4.a. — Transportation Expenses is and quality is available and will result in the deleted in its entirety and replaced with the following: lowest overall repair cost. We will pay up to the Limit of Insurance shown on the For each leased, hired, rented or borrowed covered ElitePac Schedule for temporary transportation "auto" our obligation to pay each applicable "loss"will be expenses that you incur because of any "loss" to a reduced by the hired "auto" deductible on this policy. If covered "auto", but only if the covered "auto" carries the there is no hired "auto" coverage symbol 8 for physical coverages and meets the requirements described in damage coverage on the policy, our obligation to pay for Paragraphs 1. or 2. below: each "loss" will be reduced by the deductible equal to 1. We will pay temporary transportation expenses for the highest deductible applicable to any owned "auto"for total theft of a covered "auto". We will only pay for that coverage. No deductible will be applied to any"loss" such expenses incurred during the period beginning caused by fire or lightning. 24 hours after the theft and ending, regardless of SECTION IV, B.5. Other Insurance Condition, the policy's expiration, when the covered "auto" is Paragraph 5.b. is deleted in its entirety and replaced by returned to use or we pay for its "loss". the following: 2. For"loss"other than total theft of a covered "auto" For Hired Auto Physical Damage Coverage, the under Comprehensive or Specified Causes of Loss following are deemed to be covered "autos- you own: Coverage, or for any"loss" under Collision 1. Any covered "auto" you lease, hire, rent, or borrow; Coverage to a covered "auto", we will only pay for and those temporary transportation expenses incurred 2. Any covered "auto" hired or rented by your during a period of time reasonably required to repair "employee" under a contract or agreement in that or replace the covered "auto", even if that time "employee's" name, with your permission, while co period extends beyond the policy expiration date. performing duties related to the conduct of your NParagraph 2. of this extension does not apply while business. there are spare or reserve "autos" available to you However, any "auto" that is leased, hired, rented or cn o for your operations. borrowed with a driver is not a covered "auto". o The 24 hour waiting period found on any other form This coverage extension does not apply to Emergency N endorsed onto the Auto Coverage part does not Services Organizations and Governmental Entities. apply for any covered Rental Reimbursement"loss". HIRED AUTO LOSS OF USE COVERAGE This coverage extension does not apply to Emergency If Comprehensive, Specified Causes of Loss or Collision Services Organizations and Governmental Entities. coverage applies to a covered "auto", the following is HIRED AUTO PHYSICAL DAMAGE COVERAGE added to SECTION III, A.4. —Coverage Extensions: If Comprehensive, Specified Causes of Loss or Collision We will pay expenses for which you are legally coverage applies to a covered "auto", the following is responsible to pay for loss of use of a leased, hired, added to SECTION III, A.4. —Coverage Extensions: rented or borrowed "auto" if it results from an "accident". Physical Damage coverage is hereby extended to apply The per day limit in the Business Auto Coverage form to Physical Damage "loss" to "autos" leased, hired, does not apply and the most we will pay per"accident" is rented or borrowed without a driver. We will provide the Limit of Insurance shown on the ElitePac Schedule. coverage equal to the broadest coverage available to Loss of Use Expense limits afforded by any any covered "auto" shown on the Declarations; however, endorsement added to the commercial auto policy shall the most we will pay for "loss" to each "auto" under this apply in excess of the coverage afforded by this coverage extension is the lesser of: ElitePac form. 1. The Limit of Insurance stated in the ElitePac This coverage extension does not apply to Emergency Schedule; or Services Organizations, Governmental Entities, and 2. The actual cash value of the damaged or stolen Schools. property as of the time of the"loss"; or AUTO LOAN/LEASE GAP COVERAGE (Not 3. The actual cost of repairing or replacing the Applicable in New York) damaged or stolen property with other property of If Comprehensive, Specified Causes of Loss or Collision like kind and quality. A part is of like kind and quality coverage applies to a covered "auto", the following is when it is of equal or better condition than the added to SECTION III, A.4.—Coverage Extensions: 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 Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 INSURED'S COPY In the event of a total "loss" to a covered "auto" we will b. Removable from a housing unit that is pay any unpaid amount due on the lease or loan for a permanently installed in the covered "auto" at covered "auto", less: the time of the "loss"; 1. The amount paid under the Physical Damage c. Designed to be solely operated by use of power Coverage Section of the policy; and from the "auto's" electrical system; or 2. Any: d. Designed to be used solely in or upon the a. Overdue lease/loan payments at the time of covered "auto". "loss"; For each covered "loss" to such equipment, a deductible b. Financial penalties imposed under a lease for of $50 shall apply, unless the deductible otherwise excessive use, abnormal wear and tear, high applicable to such equipment is less than $50, at which mileage or similar charges; point the lower deductible, if any, will apply. c. Security deposits not refunded by the lessor or COMPREHENSIVE DEDUCTIBLE — LOCATION financial institution; TRACKING DEVICE d. Costs for extended warranties, credit life, health, The following is added to SECTION III, D. - Deductible: accident, or disability insurance purchased with Any Comprehensive Coverage Deductible shown in the the loan or lease; and Declarations will be reduced by 50% for any "loss" e. Carry-over balances from previous leases or caused by theft if the covered "auto" is equipped with a loans. location tracking device and that device was the sole You are responsible for the deductible applicable to the method used to recover the "auto". "loss"for the covered "auto". PHYSICAL DAMAGE LIMIT OF INSURANCE PERSONAL EFFECTS SECTION III, C. — Limit Of Insurance is deleted in its The following is added to SECTION III, A.4. — entirety and replaced with the following: Coverage Extensions: The most we will pay for a "loss" in any one "accident" is If this policy provides Comprehensive Coverage for a the lesser of: covered "auto" you own and that covered "auto" is 1. The actual cash value of the damaged or stolen stolen, we will pay up to the Limit of Insurance shown on property as of the time of the "loss"; or the ElitePac Schedule, without application of a 2. The cost of repairing or replacing the damaged or deductible, for lost personal effects that were in the stolen property with other property of like kind and covered "auto" at the time of theft. Personal effects do quality. not include jewelry, tools, money, or securities. This This coverage extension does not apply to Emergency coverage is excess over any other collectible insurance. Services Organizations and Governmental Entities. AIRBAG COVERAGE GREEN AUTOMOBILE REPLACEMENT COVERAGE The following is added to SECTION III, B.3.a. — In the event of a total "loss"to an owned "auto" that is a Exclusions: "gasoline powered auto" for which Comprehensive, Mechanical breakdown does not include the accidental Specified Causes of Loss, or Collision coverage discharge of an airbag. applies, Physical Damage coverage will be amended as This coverage extension does not apply to Emergency follows: Services Organizations and Governmental Entities. If the owned"gasoline powered auto" is replaced by you EXPANDED AUDIO, VISUAL, AND DATA with a "green auto", we will pay an additional 10°A) of the ELECTRONIC EQUIPMENT COVERAGE "gasoline powered auto's" actual cash value up to a SECTION III, B.4. — Exclusions maximum of $3,000, provided the "auto" is replaced and a copy of a bill of sale or new lease agreement is This exclusion does not apply to the following: received by us within 60 calendar days of the date of 1. Global positioning systems; the "loss". 2. "Telematic devices"; or Regardless of the number of "autos" deemed a total 3. Electronic equipment that reproduces, receives or loss, the most we will pay under this coverage transmits visual or data signals and accessories extension for any one "loss" is $10,000. used with such equipment, provided such equipment is: a. Permanently installed in or upon the covered "auto" at the time of the "loss"; Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 INSURED'S COPY AMENDMENTS TO SECTION IV — BUSINESS AUTO If you should unintentionally fail to disclose any existing CONDITIONS hazards in your representations to us prior to the DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT inception date of the policy or during the policy period in OR LOSS connection with any newly discovered hazards, we will not deny coverage under this Coverage Form based The following is added to SECTION IV, A.2.a.— Duties upon such failure. In The Event Of Accident, Claim, Suit Or Loss: POLICY PERIOD, COVERAGE TERRITORY The notice requirements for reporting "accident" claim, SECTION IV, B.7. — Policy Period, Coverage "suit" or "loss" information to us, including provisions Territory is deleted in its entirety and replaced with the related to the subsequent investigation of such following: "accident", claim, "suit" or "loss" do not apply until the Under this Coverage Form, we cover "accidents" and "accident", claim, "suit"or"loss" is known to: "losses" occurring: 1. You, if you are an individual; a. During the policy period shown in the Declarations; 2. A partner, if you are a partnership; and 3. An executive officer or insurance manager, if you b. Within the"Coverage Territory". are a corporation; We also cover "loss" to or "accidents" involving a 4. Your members, managers or insurance manager, if covered "auto" while being transported between any of you are a limited liability company; these places. TWO OR MORE COVERAGE FORMS OR POLICIES 5. Your elected or appointed officials, trustees, board ISSUED BY US—DEDUCTIBLES members or your insurance manager, if you are an organization other than a partnership, joint venture The following is added to SECTION IV, B.8. — Two Or g More Coverage Forms Or Policies Issued By Us: or limited liability company.CD If a "loss" covered under this Coverage Form also However, this section does not amend the provisions involves a "loss" to other property resulting from the F relating to notification of police or protection or same "accident" that is covered under this policy or examination of the property that was subject to the another policy issued by us or any member company of o "loss". ours, only the highest applicable deductible will be 8 WAIVER OF SUBROGATION applied. N SECTION IV, A.5. —Transfer Of Rights Of Recovery AMENDMENTS TO SECTION V— DEFINITIONS Against Others To Us is deleted in its entirety and BODILY INJURY INCLUDING MENTAL ANGUISH replaced with the following: (Not Applicable in New York) We waive any right of recovery we may have against The definition of bodily injury is deleted in its entirety any person or organization because of payments we and replaced by the following: make for "bodily injury" or "property damage" resulting "Bodily injury" means bodily injury, sickness, or disease from the ownership, maintenance or use of a covered sustained by a person, including death resulting from "auto" but only when you have assumed liability for such any of these. "Bodily injury" includes mental anguish "bodily injury" or "property damage" in an "insured resulting from bodily injury, sickness or disease con-tract". In all other circumstances, if a person or sustained by a person. organization to or for whom we make payment under ADDITIONS TO SECTION V— DEFINITIONS this Coverage Form has rights to recover damages from another, those rights are transferred to us. COVERAGE TERRITORY MULTIPLE DEDUCTIBLES "Coverage Territory" means: The following is added to SECTION IV, A. — Loss 1. The United States of America (including its Conditions: territories and possessions), Canada and Puerto If a "loss" from one event involves two or more covered Rico; and "autos" and coverage under Comprehensive or 2. Anywhere in the world, except for any country or Specified Causes of Loss applies, only the highest jurisdiction that is subject to trade or other economic applicable deductible will be applied. sanction or embargo by the United States of CONCEALMENT, MISREPRESENTATION OR FRAUD America, if a covered "auto" is leased, hired, rented, The following is added to SECTION IV, B.2. — or borrowed without a driver for a period of 30 days Concealment, Misrepresentation Or Fraud: 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. Copyright, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 INSURED'S COPY If we are prevented by law, or otherwise, from defending SOCIAL SERVICE VAN OR BUS the"insured" in a "suit" brought in a location described in "Social Service Van or Bus" means a van or bus used Paragraph 2. above, the insured will conduct a defense by a government entity, civic, charitable or social of that "suit". We will reimburse the "insured" for the service organization to provide transportation to clients reasonable and necessary expenses incurred for the incidental to the social services sponsored by the defense of any such "suit" seeking damages to which organization, including special trips and outings. this insurance applies, and that we would have paid had we been able to exercise our right and duty to defend. TELEMATIC DEVICE GASOLINE POWERED AUTO "Telematic Device" includes devices designed for the An "auto" that is designed to be solely powered by collection and dissemination of data for the purpose of monitoring vehicle and/or driver performance. This petroleum-based fuel. includes Global Positioning System technology, wireless GREEN AUTO safety communications and automatic driving assistance An "auto" that is designed to be powered by both systems, all integrated with computers and mobile petroleum-based fuel and electric power; or solely by communications technology in automotive navigation electricity or any other renewable energy source. systems. LIGHT TRUCK VOLUNTEER WORKER "Light Truck" means a truck with a gross vehicle weight "Volunteer worker" means a person who performs rating of 10,000 pounds or less. business duties for you, for no financial or other PRIVATE PASSENGER AUTO compensation. "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, 2022 Selective Insurance Company of America. All rights reserved. CA 78 09 04 23 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 INSURED'S COPY Policy Number 4007E357 r I GI I II 01/01/2025 U1/U1/2U1b WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (rd 4-B4) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. WC 00 03 13 (Ed.4-84) G 1483 National Council on Compensation Insurance. Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 DATE CERTIFICATE OF INSURANCE 02/28/25 CERTIFICATE HOLDER City of Spokane Valley 10210 East Sprague Avenue Spokane Valley, WA This certifies that the "claims made" insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named below 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 225082 01/01/25 12/31/25 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION No Project Specified CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30)days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. ISSUING COMPANY: NAME AND ADDRESS OF INSURED TERRA INSURANCE COMPANY (A Risk Retention Group) Strata, Inc. 10020 E. Knox Ave., Ste. 200 Spokane Valley, WA 99206 bzm President