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25-063.00ACICoatingsLLC2025CenterPlaceGreatRoomImprovementsContract No. 25-063 CONSTRUCTION AGREEMENT ACI Coatings LLC THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and ACI Coatings LLC , ("Contractor") jointly referred to as the "Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision, tools, materials, supplies, and equipment and other items necessary for the construction and completion of the 2025 CenterPlace Great Room Improvements (the "Work") in accordance with the Scope of Work outlined in Exhibit A and in accordance with this Agreement (which are by this reference incorporated herein and made part hereof and referred to as the "Contract Documents"), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terns in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this Agreement. Unless otherwise directed by City, all work shall be performed in conformance with the Contract Documents, and all City, state, and federal standards, codes, ordinances, regulations, and taws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work during the last two weeks of May and shall complete the Work by June I, 2025. 3. Liquidated Damag . Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration, engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of $100.00 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of $26,472.44, plus Washington State Sales Tax of $2,356.05 (if applicable), for a total of $28.828.49, based on the bid submitted by Contractor (Exhibit A), and as may be adjusted in accordance with the Contract Documents. Construction Agreement Page 1 of 9 5. Payment. Contractor may elect to be paid in monthly installments, upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONTRACTOR: Name: ACI Coatings LLC Phone:(509) 891-4959 Address:11406 E Montgomery Dr Spokane, WA 99206 7. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws, codes, and regulations. 8. Certification Regarding Debarment Susnension and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Contractor certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Contractor, any subcontractor, or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee Construction Agreement Paee 2 of 9 an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries ("L&I"). If employing labor in a class not shown, Contractor shal I request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing, during, and upon completion of the work, Contractor shall file all forms and pay all fees required by I.,&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project, published by L&I, are located at the L&I website address: htt s://Ini.wa. ov/licensin ermitsl ublie-works- ro`ects/ reva lin r-wa e_rates/ B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community & Public Works Department located at 10210 East Sprague Avenue, Spokane Valley, WA 99206. Upon request, City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested only in the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13. Warranty. Unless provided otherwise in the Contract Documents, Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. Construction Agreement Page 3 of 9 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Pavment Bonds, Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% of the Agreement amount in lieu of providing the City with a payment bond and a performance bond, pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. ;Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations for a period of three years following substantial completion of the work for the benefit of the City, personas injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. 'There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products -completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. Construction Agreement Page 4 of 9 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the Citv. D. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. F At stability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self -insured retentions, and/or self-insurance. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor -provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Construction Agreement Page 5 of 9 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees; and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18. Waiver. No officer, employee, agent, or other individual acting on behalf of either party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by Iaw shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delention. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may, from time -to -time, receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. 22. Costs and Attrney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation or arbitration (including expert witness fees). 23. Subcontractor. .Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 24. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County. State of Washington. Construction Agreement Page 6 of 9 25. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. 26. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations. Contractor shall comply with the federal laws set forth in subsection G, below ("Pertinent Non -Discrimination Authorities") relative to non-discrimination in federally -assisted programs as adopted or amended from time -to -time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race, color, or national origin. D. information and Reports. Contractor shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions far Noncompliance. In the event of a Contractor's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: 1. Withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. Cancelling, terminating, or suspending the Agreement, in whole or in part. Construction Agreement Page 7 of 9 F. Incorporation ttf Provisions. Contractor shall include the provisions of Section 28 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non -Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); Federal -Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal - aid recipients, sub -recipients and contractors, whether such programs or activities are Federally funded or not); 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); Construction Agreement Page 8 of 9 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 29. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 30. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work ( Cost Estimate B. Insurance Endorsements The Parties have executed this Agreement this 21 TM day of 4.0p- ► L 20 2 S CITY OF SPOKANE VALLEY: Jo Hohman, City Manager APPROVED AS TO FORM: ice of the City Attorney Contractor: By. Its: Authorized Representative Construction Agreement Page 9 of 9 Exhibit A. 11406 L; MONTGOMERY DR SPOKANE, WA 99206 509-891-4959 F I Name / Address CITY OF SPOKANE VALLEY DAREN EVERT CT 1 CITY HALL. 10210 L' SPRAGUE AVE SPOKANE VALLEY. WA 99206 5 i 4 Estimate Date Estimate 11 112412025 111659 Terms Project per contract 7607wr CENTER P... Description Total WORK TO BE COMPLETED AT CENTER PLACE REGIONAL EVENT CE:NTEIi LOCATED AT 2426 N DISCOVERY PL. SPOKANE VALLEY, WA 99216 INCLUSIONS: REVISED 2/1812025 PREVAILING WAGE PROTECT ALL SURFACES NOT SCHEDULED FOR PAIN'LING ALLOWANCE OF 40 MAN HOURS TO REMOVE WALLPAPER IN GREAT ROOM AND SENIOR DINING (HOURS BILLED ACCORDINGLY) ALLOWANCE OF 32 MAN HOURS TO PREP WALLS FOR PAINT AFTER WALLPAPER IS REMOVED (IIOURS BILLED ACCORDINGLY) PRIME WALLS THAT WHERE WALLPAPER AND PREPPED APPLY TWO COATS TO ALL GWB WALLS AND CEILING USING RODDA LASYN IN GREAT ROOM AND SENIOR DINING PREP AND PAINT WOOD WALL TRIM DETAIL. IN BOTH ROOMS PREY AND PAINT WM FRAMES FACING TIIEGREAI' ROOM AND SENIOR DINING PREP AND PAINT FIRE SPRINKLER LINES CLEAN UP ALL DEBRIS/MASKING AFTER PAINTING IS COMPLETED ALL, LABOR, MATERIALS. AND SUNDRIES NEEDED WASHINGTON STATE SALES TALI EXCLUSIONS: WALL TEXTURING ANY ITEMS NOT LISTED IN INCLUSIONS, NO'T ASSUMED INCLUDED LABOR ALLOWANCE TO REMOVE WALLPAPER 3.900.001' 3,120.00T LABOR ALLOWANCE TO PREP WALLS AFTER WALLPAPER REMOVABLE- 2,112.SOT LABOR TO PRI�IE WALLS 300.00T PRIMER MATERIALS 6.955A0'i LABOR TO PAINT WALLS AND CEILING Thank you for considering ACI Coatings 11c. Subtotal Sales Tax (8.9%) Balance Due as of invoice ditte Page 1 Exhibit A. 11406 E MONTGOMERY DR SPOKANE, WA 99206 509-891-4959 Name 1 Address CITY OF SPOKANE VALLEY DAREN EVERETT CITY HALL 10210 E SPRAGUE AVE SPOKANE VALLEY. WA 99206 Estimate Date I� Estimate # 1/24/2025 111659 Terms Project per contract 7607WT CENTER P.- Description Total PAT IN I'L'RIALS IN I.5 1,250.00T LABOR 1'0 PAINT WOOD TRIMt 250. WOOD RIM MATERIALS T 50T LABOR TO PAINT H/M FRAMES2,073.T 414.60T H/M FRAMES AND SLAB MATERIALS 2 LABOR TO PREP AND PAINT FIRE SPRINKLER PIPE SPRINKLER, 327.60'l' PIPE PAINT MATERIALS 1,498.44'1' SUNDRIES/MASKING TOTAL W/O SALES TAX Thank you for considering ACI Coatings Ile. Subtotal A 25% DEPOSITIS REQUIRED NO LATER THAN 3 DAYS PRIORTO THE START Safes Tax (8.9°!u) OF THE PROJECT. MONTI ILY BILLING FOR EACH RLTAIL JOB IS BILLED AS A OF THE PROGRESS. ALL INVOICES ARE DUE ON RECEIPT. tin to Nsn%tiv.ACICoatings.condmake-a-payment to pay your deposit and invoice 0111iue. Balance Due us of invoice dote Page 2 26,472.44 326.412.44 $2,356.05 S28,828.49 Exhibit B ACICOAT-n1 ACOMFORT ,466.o�Ro CERTIFICATE OF LIABILITY INSURANCE DATE MM/D fY Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 CONTACT Amber Comfort, CIC, ACSR NAME:Alliant PHONE ) jAIC, No):(509 (A/C, No, Ext): (509 343-9246 ) 325-1803 ADDRESS: amber.comfort@alliant.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: BITCO General Insurance Corp20095 INSURED ACI Coatings LLC dba ACI Coatings 11406 E Montgomery Dr Spokane Valley, WA 99206 INSURER B : INSURER C : _ INSURER D : INSURER E INSURER F : ^.,r, ^= /"CDTIci!`ATc nu IIIAaGD- RFVISION Nl1MBFR: __ x -- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR A TYPE OF INSURANCE X COMMERCIAL GENERAL LIABILITY ADDL I SUBR WVD POLICY NUMBER POLICY EFF MMID POLICY EXP MM/D LIMITS EACH OCCURRENCE 1,000,000 $ DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ CLAIMS -MADE X OCCUR X CLP3751434 11/30/2024 11/30/2025 MEDEXP (Any oneperson) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. POLICY [X] PRO- LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 $ OTHER: A AUTOMOBILE LIABILITY Ea OMacccidentSINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ X ANY AUTO CAP3751433 11/30/2024 11/30/2025 BODILY INJURY Per accident $ OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON 0V NED AUTOS ONLY AUTOS ONLY PR PER .Rd DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP3751435 11/30/2024 11/30/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION $ 10,000 $ A WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) NIA CLP3751434 11/30/2024 11/30/2025 H STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ _ E.L. DISEASE - POLICY LIMIT 1,000,000 $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley 2426 N Discovery Place Spokane Valley, WA 99216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CURNURA I IUN. Ali ngnrs reservea. The ACORD name and logo are registered marks of ACORD Certificate Disclaimer Alliant Insurance has recently updated their Certificate of Liability procedures to minimize unnecessary errors and to help clients and certificate holders understand the limitations and provisions outlined in their insurance policies. We will do so by adhering to the recommendations found in the recent Acord form manual and by staying compliant with state statute WAC 284-30-355 and (ORS)744.074(1)(e). Alliant aims to ensure clarity and accuracy in coverage interpretation while also protecting the interests of its clients and certificate holders. While we can still add specific details such as job numbers, contract names, event dates, or specific locations on certificates, it's crucial to note that Alliant cannot bind our insurers to anything beyond what is specified in the endorsement. If the Additional Insured box is checked, individuals can refer to the Additional Insured endorsement attached to their certificate for detailed coverage information. Ultimately, coverage is determined by the policy, its terms, and individual endorsements, and as established by the contract between the Named Insured and the Additional Insured. If there are any further inquiries or requests for clarification, please do not hesitate to reach out to us for further assistance. RESOURCES: https://myportal aIIiant com/business/`rmlDocument%20Library/COI-state-Iaw,pdf .7 �•'�7 • • .1►IN'• . .� .� This endorsement modifies insurance provided under the following: 11WIT- f . - . •• �- . • It is agreed that the provisions listed below apply only upon the entry of an OX in the box next to the caption of such provision. A. U Partnership and Joint Venture Extension N. D Construction Project General Aggregate Limits B. [E Contractors Automatic Additional Insured Coverage — Ongoing Operations C. XX Automatic Waiver of Subrogation D. [ Extended Notice of Cancellation, Nonrenewal E. LX _1 Unintentional Failure to Disclose Hazards F. U Broadened Mobile Equipment G. XX Personal and Advertising Injury - Contractual Coverage H. X Nonen-ployment Discrimination I. XX Liquor Liability J. U Broadened Conditions K DX Automatic Additional Insureds -- Equipment Leases L. XX Insured Contract Extension — Railroad Property and Construction Contracts M. M Turnkey Jobs - Coverage For Alienated Prernises •.- • •1111101FAW41111Ay • O. XX Fellow Employee Coverage P. XX Property Damage Liability - Elevators Q. XX Care, Custody or Control R. U Concrete Rework Labor Reimbursement Coverage S. XX Lost Key Coverage T. Electronic Data Liability Coverage U. X Consolidated Insurance Program Residual Liability Coverage V. [ X Automatic Additional Insureds— Managers or Lessors of Premises W. L X J Automatic Additional Insureds —State or Governmental Agency or Political Subdivisions — Permits or Authorizations X. X Contractors Automatic Additional Insured Coverage — Completed Operations Y. Additional Insured — Engineers, Architects or Surveyors The following provision is added to SECTION II - WHO IS AN INSURED: The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-30B4 (10/19) 1 is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work' on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability insurance is available to you for "your work" in connection with your interest in such partnership or joint venture. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omssions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Al work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perforrring operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance wi I I be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of "your work" for that person or organization. GL-3084 (10/19) -2- Item A.2.b. of the COMM POLICY CONDITIONS , is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV - CONTM-FICIAL GENERAL UABILFrY CONDITIONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a. above. E UNIPffFMONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. Item 12.b. of SECTION V - DEFINITIONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G PERSONAL AND ADVERTISING INJURY- CONTRACTUAL COVERAGE Exdusion 2.e. of SECTION I, COVERAGE B, is deleted. H. NONEM'LOYMM DISCRIMNATION Unless "personal and advertising injury' is excluded from this policy: Item 14. of SECTION V - DEFINITIONS , is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by "discrimination." SECTION V - DEFINITIONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-30B4 (10/19) -3- Item 2. Exclusions of SECTION I, COVERAGE B , is amended to include: "Personal and advertising injury arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury' arising out of "discrimination" by or at your, your agents or your "employees" direction or with your, your agents or your "employees" knowledge or consent. "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub -lease or prospective sae, rental, lease or sub -lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of "discrimination." I. UQ JOR LIABILITY Exclusion 2.c. of SECTION I, COVERAGE A , is deleted. Items 2.a. and 2.b. of SECTION IV - COMMEERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a dam as soon as practicable after the "occurrence" has been reported to you, one of your officers or an "employee" designated to give notice to us. Notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Record the specifics of the claim or "suit" and the date received as soon as you, one of your officers, or an "employee" designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the dams or "suit." Item 2.e. is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability dam for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3084 (10/19) -4- K AUTOMATIC ADDITIONAL INSUREDS- EQUIPMENT LEASES SECTION II - WMO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury' or "property damage" occurring after you cease leasing the equipment. 2 "Bodily injury' or "property damage" arising out of the sole negligence of the additional insured. 3. "Property damage" to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Item 9. of SECTION V - DERNITIONS is deleted and replaced with the following. 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. GL-3084 (10/19) -5- Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. It is agreed that: Exclusion 2.j.(2) of SECTION I, COVERAGE A, does not apply if the prerrises are "your work" and were not occupied, rented or held for rental by you for more than 12 months after completion. N. CONsn:w ON PROJECT GENERAL AGGREGATE L IMTS This modifies SECTION III - LIMTS OF INSURANCE . A For all sums which can be attributed only to ongoing operations at a single construction project for Mich the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Lirrit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Lint. GL-3084 (10/19) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I - COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products -Completed Operations Aggregate Lhrit, and not reduce the General Aggregate Lunt nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of SECTION III - UMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. O. FELLOW EMPLOYEE COVERAGE Exdusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. 'Bodily injury" to (1) An' employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an "insured contract"; or (2) Liability arising from any action or omission of a co -"employee" while that co -"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(1xa) of SECTION II -WHO IS AN INSURED , is deleted and replaced with the following: 2.a.(1xa) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. GL-3084 (10/19) -7- "Property damage" liability is changed as follows: Exclusions 2.j.(3) and 2.j.(4) of SECTION 1, COVERAGE A , do not apply to the use of elevators. 2. The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. 1-, r . •� •- �• -• Exclusion 21.4 of SECTION 1, COVERAGE A, is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of $25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Urnit and SECTION III - UMTS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As it applies to this coverage, SECTION I - COVERAGE A is amended as follows: Insuring Agreement is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your concrete rework' which was performed by you during the policy period due to the original "concrete product" failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific intended use, verified by testing by an ASTM (American Society of Testing & Materials) accredited independent testing agency. GL-3084 (10/19) -8- 2. Exclusions, is deleted and replaced by the following: The insurance provided by this endorsement does not apply to: a. "Cosmetic Defects" b. Loss of use c. Changes to the "concrete product" contractual specifications not acknowledged by the named insured in writing prior to the beginning of the job d. "Loss" arising from the "subsidence" of land e. "Loss" arising from work performed on your behalf by a subcontractor, except for the supply of the "concrete product" f. Cost of materials used in the installation of the "concrete product" or "concrete rework" g Damages or "loss" that is covered by a Property or Inland Marine coverage form for your financial interest in your project and structures h. "Loss" unless the "concrete rework" is completed within one year from the completion of the original "concrete product" installation performed by you i. "Loss" caused by the failure to order the "concrete product" as required: a. In the contractual specifications; or b. By accepted industry standards for its specific intended use j. "Loss" expected or intended from the standpoint of the insured k "Concrete product" supplied by you SECTION III - UMTS OF INSURANCE is anierxled to include the following: 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a. Insureds covered under this insurance; b. "Concrete rework" projects to which this insurance applies. "Concrete Rework" Project Limit $50,000 "Concrete Rework" Policy Aggregate Limits $50,000 "Concrete Rework" Deductible $ 1,000 2. The "Concrete Rework" Project Limit shown above is the most we- will reimburse you for your direct labor expense arising out of any single "concrete rework" project. 3. Subject to 2. above, the "Concrete Rework" Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all "concrete rework" projects. GL-3084 (10/19) -9- 4. The "Concrete Rework" Project Omit and the "Concrete Rework" Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Urrrt or the Products -Completed Operations Aggregate Urnit (whichever applies), as stated in the declarations and as described in SECTION Ill - LIMITS OF INSURANCE . 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of the "Concrete Rework" Deductible stated above. This deductible shall apply separately to each "concrete rework" project. The Lirrits of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of deterrrining the Limits of Insurance. SECTION IV - CoWm CIAL GENERAL LIABILITY CONDITIONS is amended as follows: Item 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2. Duties in The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified prior to completing the "concrete rework" which may result in labor reimbursement. Notice should include: (1) How, when and where the incident took place; (2) The names and addresses of any witnesses, and (3) The estimated labor expense for the "concrete rework" b. You must promptly take all steps to rninirrize the expenses involved. c. You must cooperate with us and upon request, assist in enforcing any right of contribution or indemnity against any person or organization. d. You must provide us with proof of loss and any other required documents within 60 days of our request. You must also permit us to exarnine and copy any of your books and records at any reasonable time. You, your "employees" and your agents must, if we require you to, submit to examination under oath at such times as may be required, and sign a copy of the examination. e. No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION V - DEFINITIONS is amended to add the following: "Concrete rework" means the alteration, repair, removal or replacement of a "concrete product" "Concrete product" means any product you directly install consisting of concrete, cement, sand, mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the "concrete product" "Loss" means your direct labor expense associated with a "concrete rework" project GL-3084 (10/19) -10- "Subsidence" means earth movement, including but not limited to: a. Landslide; b. Mud flow, C. Earth sinking; d. Earth rising; e. Collapse or movement of fill; f. Irrproper compaction; g. Earth settling, slipping, falling away, caving in, eroding, tilting or shifting; h. Earthquake; or I. Any other movement of land or earth. S. LOST KEY COVERAGE As it applies to this coverage, SECTION I, COVERAGE A, is amended to include asfollows: We will pay those sums, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2. Cost to adjust locks to accept new keys; or 3. Cost of new locks, if required, including the cost of installation. Item 2. Exclusions of SECTION I, COVERAGE A , is amended to include the following: 1. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured. 2. Any resulting loss of use from the loss or mysterious disappearance of keys; or 3. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insureds: a. Misappropriation; b. Concealment; C. Conversion; d. Fraud; or e. Dishonesty Exclusions 2.j.(3) and 2.j.(4) of SECTION I, COVERAGE A do not apply to Lost Key Coverage. GL-3084 (10/19) 11 SECTION III - UNTS OF INSURANCE is amended to include the following: 1. The Lost Key Coverage Occurrence Limit shown below is the most we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. 2. The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products -Completed Operations Aggregate Limit (whichever applies), as stated in the declarations and as described in SECTION III - UMITS OF INSURANCE . Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an "occurrence" basis. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. T. ELECTRONIC DATA LIABIUTY COVERAGE A Exclusion 2.p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE UABILfTY in SECTION I —COVERAGES is replaced by the following: 2. Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property This exclusion applies even if damages are 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. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury'. GL-3084 (10/19) -12- B. The following is added to Paragraph 2. IXCLUSIONS of SECTION I — COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY: 2. Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are 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 any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to SECTION V— DERNfTIONS : "Bectronic data' means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CAROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of this coverage, the definition of `property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. Al such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. With respect to "bodily injury', `property damage", or 'personal and advertising injury' arising out of your ongoing operations; or operations included within the "products -completed operations hazard', the policy to which this coverage is attached shall apply as excess insurance over coverage available to `you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled insurance Program). Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a "residential project" or any deductible or insured retention, specified in the Consolidated Insurance Program. GL-3084 (10/19) -13- The following is added to Section V— Definitions: "Residential project' means any project where 3010 or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A "residential project' does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. Al other terms, provisions, exclusions and limitations of this policy apply. Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: Any `occurrence" which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. W AUTOMATIC ADDMONAL INSUREDS - STATE OR GOVEFHVENTAL AGENCY OR POUTICAL SEve S OR AUD-IMZAXIONS SECTION 11 — WHO IS AN INURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a. `Bodily injury', "property damage" or `personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury' or `property damage" included within the "products -completed operations hazard'. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084 (10/19) -14- SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by your work" at the project designated in the contract, performed for that additional insured and included in the "products -completed operations hazard". This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by: Your acts or omissions; or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or 2 Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084 (10/19) -15- BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BROADENED COVERAGE - AUTOMOBILES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 2 - Automatic Waiver of Subrogation 3 - Automatic Additional Insured 4 - Primary and Noncontributory - Other Insurance Condition 5 - Unintentional Failure to Disclose Hazards 6 - Extended Notice of Cancellation, Non -Renewal 7 - When We Do Not Renew 8 - Notice of Knowledge of Accident or Loss 9 - Employees as Insured 10 - Employee Hired Autos 1. BROAD FORM NAMED INSURED 11 - Bodily Injury Extension 12 - Hired Auto Physical Damage 13 - Enhanced Supplementary Payments 14 - Fellow Employee Coverage for Designated Positions 15 - Physical Damage — Transportation Expenses 16 - Rental Reimbursement Coverage 17 - Loan/Lease Gap Coverage 18 - Accidental Air Bag Discharge Coverage 19 - Glass Repair — Waiver of Deductible SECTION II. A. 1. -WHO IS AN INSURED - Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51 % or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date, whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV — Business Auto Conditions, Paragraph A.S., Transfer of Rights of Recovery Against Others to Us, is deleted and replaced with the following: a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0401 (10/17) -1- 3. AUTOMATIC ADDITIONAL INSURED SECTION II — WHO IS AN INSURED, Paragraph A.1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: Such "insured" is a Named Insured under such other insurance; and You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION, NON -RENEWAL The COMMON POLICY CONDITIONS, Item A.2.b. is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. WHEN WE DO NOT RENEW SECTION IV — BUSINESS AUTO CONDITIONS, is amended to add Item B.9.: a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. 8. NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV - BUSINESS AUTO CONDITIONS, Item A.2.a. is deleted and replaced with the following: Duties in the Event of Accident, Claim Suit or Loss: You must see to it that we are notified of an "accident", "claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: AP-0401 (10/17) -2- (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II - Covered Autos Liability Coverage, Paragraph A.I. Who Is An Insured provision: Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A. Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto' hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.f. of the Other Insurance - Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered "auto" you lease, hire, rent or borrow; and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". 11. BODILY INJURY EXTENSION SECTION V - DEFINITIONS, Paragraph C. is deleted and replaced by the following: C. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A.4. - Coverage Extensions - Paragraph c. is added: C. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Hired Auto Physical Damage is provided for that coverage part subject to the following: AP-0401 (10/17) -3- (1) The most we will pay for any one "accident" or "loss" under this Hired Auto Physical Damage Coverage is the lesser of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEMENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to $2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman, supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES SECTION III.A.4.a. Transportation Expenses is replaced by the following: a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expirations, when the covered "auto" is returned to use or we pay for its "loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one "accident" or "loss" under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one "Accident" or "Loss" amount of $100,000; (b) The actual cash value; or AP-0401 (10/17) -4- (c) Cost of repair. Our obligation to pay for a loss in a.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for "loss" caused by fire or lightning. (2) Subject to paragraph a.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered "auto" shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REIMBURSEMENT COVERAGE SECTION III.A.4. - Coverage Extensions - Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered "auto'; or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAN/LEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance" of the loan/lease, not to exceed $2,500 for any one vehicle or $25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION III.B.3.a - Exclusions. This exclusion does not apply to the accidental discharge of an air bag. AP-0401 (10/17) -5- 19. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION HIM - Deductible is replaced with the following: For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. The deductible does not apply to glass damage if the glass is repaired rather than replaced. AP-0401 (10/17) -6- 3/12/25, 2:12 PM ACI COATINGS LLC tib4t 6 krdvstrdrt�(h� Ps://�v,�„a.9o�/) Contractors ACI COATINGS LLC Owner or tradesperson Principals WOODBRIDGE, WARREN JAMES,PARTNERIMEMBER JOHNSON, JOHN S, PARTNER/MEMBER (End: 04/14f2010) Doing business as ACI COATINGS LLC 11406 E Montgomery Ave SPOKANE, WA 99206 509-891.4959 SPOKANE County WA UB€ No Business type 601 74T 780 Limited Liability Company Governing persons WARREN JAMES WOODBRIDGE MARK FERGUSON; Registration Verify the contractor's active registration I license 1 certification (depending on (fade) and any past violations. Construction Contractor Active Meets current requirements. License specialties GENERAL License no. ACICOL'044OR Effective — expiration 1111911996-11112/2026 L&I Contractor Registration: 1-800-647.0982 - Email: ContReg®Lni.wo.gov Bond Contractors Bonding & Insurance Co $30,000.00 Bond account no. F84519 Received by L&I Effective date 09/04/2024 09/0412024 Expiration dale Until Canceled CBIC $12,000.00 Bond account no. F84519 Received by L&€ Effective date 09/06/2005 08130/2005 Expiration date Until Canceled Insurance BITCO General Ins Corp $1,000.000.00 Policy no. CLP3751434 https:llsecure.Ini.wa.gov/verify/Detail.aspx?UBI=601747780&LIC=ACICCL'044QR&SAW=False 113 3/12/25, 2:12 PM ACI COATINGS LLC Received by L&1 Effective date 11127/2024 1113012024 Expiration date 11/30/2025 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&I Tax debts No um tax debts are recorded for this contractor license during the previous 6 year period, but some debts may be recorded by other agencies. License Violations No license wiofatlons during the previous 6 year period. Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washingtom registered apprentices exist for this business. Washington allows the use of apprentices registered with Oregon or Montana. Contact the Oregon Bureau of Labor & Industries or Montana Department of Labor & Industry to verify if this business has apprentices. Workers' Comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums This company has multiple workers' camp accounts. Active accounts L&i Account ID Account is current. 531,174.03 Doing business as ACI COATINGS LLC Estimated workers reported Quarter 4 of Year 2024 "51 to 75 Workers" L&I account contact TS / CHARLEY GREGORY (36019024695 - Email. GOHA235@lni.wa.gov Track this contractor a Public Works Requirements Verify the contractor is eligible to perform work on public works projects Required Training— Effective July 1, 2019 Exempt from this requiremanl Contractor Strikes No sirikes have been issued against this contractor. Contractors not allowed to bid No debarments have been Issued against this contractor, Workplace Safety & Health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date Violations 09/10/2021 inspection no. 317964719 Location 9646 W US 2 HWY Spokane, WA 99224 https:Usecure.IN,wa.gov/verify/Detail,aspx?LB1=601747780&LIC=ACICOL`044QR&SAW=False 213 3112/25, 2'12 PM ACI COATINGS LLC Inspection results date Violations 0810612019 Inspection no, 317954967 Location 5005 N. Division St. Spokane, WA 99207 https:/tsecure.Ini.wa.gov/vehWDetaii.aspx?UBI=601 747780&LIC=ACiCOL`044QR&SAW=False W3