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HomeMy WebLinkAbout26-028.00 Selland Construction, Inc. - S Sullivan Rd PreservationContract This agreement is entered into this day of2026, between the City of Spokane Valley ("City") and Selland Construction, Inc. ("Contractor"), pursuant to Title 35 RCW, as adopted or amended. In consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: S Sullivan Rd Preservation Project #0366 Contract 26-028 in accordance with and as described in the Contract Documents. The "Contract Documents" are defined to include the following: this Contract; the Contract Provisions and Plans for CIP No. 0366, the 2026 Standard Specifications for Road, Bridges, and Municipal Construction as prepared by the Washington State of Department of Transportation ("Standard Specifications" available online on WSDOT's website), Addenda (as defined in the Standard Specifications), the Contractor's completed and submitted Bid Proposal Documents, Special Provisions for CIP No. 0366, including the WSDOT Standard Plans and City Standard Plans identified therein, Performance and Payment bonds (attached hereto as Exhibits A and B respectively), all change orders and contract amendments signed by both Parties after the date this Contract has been fully executed, as well as all documents, exhibits, appendices, and attachments to or referenced in any of the aforementioned Contract Documents. All Contract Documents listed here are incorporated herein by reference and made a part hereof. To the extent any documents are incorporated by reference into the Standard Specifications and/or Special Provisions, they are incorporated herein by reference and made part of the Contract Documents. Contractor shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City. II. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the project plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the referenced specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City by reason of entering onto this contract, except as provided herein. V. 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). City of Spokane Valley C-1 Contract Documents S. Sullivan Rd Preservation Project V1. The project was awarded for the bid amount of $ 3,937,220.00 VII. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method, and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the date below, and the City has caused this instrument to be executed on the date stated above. Executed by Contractor N#Aw � , 2026. Date X11A f 41?tK04 W... Printed Name 00.01 Title Signature City of Spokane Valley John Hohman Printed Name City Manager Title Si nature City of Spokane Valley C-2 Contract Documents S. Sullivan Rd Preservation Project Spunane .;,Ogalley BOND NO: 108369406 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Selland Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as S. Sullivan Rd Preservation. Project No. 0366 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 3,937,220.00 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terns and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPALO CTOR) Principal Si Date MNAkIMC Printed Name l/ • Af4 Title SURETY % Surety Signature Datc Theresa A. Lamb Printed Name Attorney -in -Fact Title Name, address, and telephone of local office/agent of Surety Company is: Travelers Casualty and Surety Company of America�r� Bellevue, WA 98004 (206) 326-4200r�/ RUB International P. O. Box 3018 Bothell, WA 98041-3018 (425) 489-4500 City of Spokane Valley C-3 �`{�r r��+J Contract Documents S. Sullivan Rd Preservation Project _ _ galley BOND NO: 108369406 CONTRACTOR'S PAYMENT BOND (FEDERALLY FUNDED PROJECT) to City of Spokane VaIley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Selland Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as S. Sullivan Rd Preservation Project No. 0366 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to fumish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW) and chapter 6028 RCW. The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 3,937,220.00 total Contract amount, subject to the provisions herein. This payment bond shall cover any and all taxes incurred pursuant to Titles 50 and 51 RCW, taxes imposed on the Principal pursuant to Title 82 RCW, and any additional sales taxes. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08, 39.12, and 60.28 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; shall pay all taxes due pursuant to Titles 50, 51, and 82 RCW; and shall indemnify and hold harmless the Obligee from all loss, cost, or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. Printed Name G. clw Title SURETY L�— 3,4'L6 Surety Signature Date Theresa A. Lamb Printed Name Attorney -in -Fact Title Name, address, and telephone of local office,/agent of Surety Company is: Travelers Casualty and Surety Company of America Suite+. Bellevue, WA 98004 (206) 326-4200 � GO NrJGh r` v y P. O. Box 3018 fi'j kT � , Bothell, WA 98041-3018 (425) 499-4500 �A .r City of Spokane Valley S. Sullivan Rd Preservation Project Contract Documents Travelers Casualty and Surety Company of America AdW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Heather L Allen, Dana Brown, Natalie C Chau, Emma C Doleshel, Jim W Doyle, Chad M Epple, Adam Howard, Grant E Ingalls, Jim S Kuich, Theresa A Lamb, Maxwell Martin, Michael A Murphy, Andy D Prill, S M Scott, Steve Wagner, of Bothell, WA„ their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 16th day of February, 2024. •-ems:..,, ti. F�OSURfT ��� "�,ISY ARD G�� O.MARIN�vt. Y7i I SEAL i< SEAL Cs SEAL > *.. State of Connecticut City of Hartford ss. By: awz PvZ4___� Bryce Grissom, Senior Vice President On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 PUBLIC Anna P. Nowik, Notary Public Qa H This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 4"1 day of N4&4. ?4U SuRe":krz' ��,JYAND` gyp NAR/,y'�cri� gi SEAL ii y}}�i SEAL SEAL ii v. fps. �.• '''%l !/ t Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. BOND NO: 108369406 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Selland Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as S. Sullivan Rd Preservation, Project No. 0366 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington (RCW). The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of S 3,937,220.00 total Contract amount (including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract; and if such performance obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL O CTOR) 4.4/14 Princip Sign Date Printed Name SURETY &0,-, 1�, Surety Signature Date Theresa A. Lamb Printed Name G` Attorney -in -Fact Title Title Name, address, and telephone of local office/agent of Surety CompanA>,�k A CCTravelers Casualty and Surety Company of America G Bellevue, WA 98004 (206) 326-4200 HUB International NW. LLC(• , ' P. O. Box 3018 Bothell, WA 98041-3018 (425) 489-4500 WA r9s+ d A/IA, a.,, �.: City of Spokane Valley C-3 ` ` Contract Documents S. Sullivan Rd Preservation Project VAIley BOND NO: 108369406 CONTRACTOR'S PAYMENT BOND (FEDERALLY FUNDED PROJECT) to City of Spokane Valley, Washington The City of Spokane Valley, Spokane County, Washington, has awarded to Selland Construction, Inc. (Contractor), as Principal, a contract for the construction of the project designated as S. Sullivan Rd Preservation, Project No. 0366 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to famish a payment bond in accordance with chapter 39.08 Revised Code of Washington (RCW) and chapter 60.28 RCW. The Principal, and Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws of Connecticut and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Spokane Valley, as Obligee, in the sum of $ 3,937,220.00 total Contract amount, subject to the provisions herein. This payment bond shall cover any and all taxes incurred pursuant to Titles 50 and 51 RCW, taxes imposed on the Principal pursuant to Title 82 RCW, and any additional sales taxes. This payment bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall pay all persons in accordance with chapters 39.08, 39.12, and 60.28 RCW, including all workers, laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work; shall pay all taxes due pursuant to Titles 50, 51, and 82 RCW; and shall indemnify and hold harmless the Obligee from all loss, cost, or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, except as provided herein, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL O CTOR) Princi al ipjgy Date Printed Name Title SURETY Surety Signature Date Theresa A. Lamb Printed Name Attorney -in -Fact Title Name, address, and telephone of local office/agent of Surety Company i >; Travelers Casualty and Surety Company of America 114UU St ISM St., NUIte MU Bellevue, WA 98004 (206)326-4200 yl V _HLIH IWAM-tion., Nw I I r P7 4 P. O. Box 3018 Bothell, WA 98041-3018 (425) 489-4500zs City of Spokane Valley C-4 'ASZSSSSSS�, Contract Documents S. Sullivan Rd Preservation Project Travelers Casualty and Surety Company of America /N. Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and the Companies do hereby make, constitute and appoint Heather L Allen, Dana Brown, Natalie C Chau, Emma C Doleshel, Jim W Doyle, Chad M Epple, Adam Howard, Grant E Ingalls, Jim S Kuich, Theresa A Lamb, Maxwell Martin, Michael A Murphy, Andy D Prill, S M Scott, Steve Wagner, of Bothell, WA„ their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 16th day of February, 2024. -' O SURFtAZi W'........ y U ...-*JY ARp"ii`� q:........ � `0 MAR NFai� ,s� SEAL SEAL ;� SEAL State of Connecticut City of Hartford ss. By: Bryce Grissom, Senior Vice President On this the 16th day of February, 2024, before me personally appeared Bryce Grissom, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 4 Y poTAAYi rV�/ PU�O i Anna P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 41h day of f 74 U . ANO,Y`v ,.:-gyp NAR%,yf�jr� lv�y •'•i� �3 SEAL � �• SEAL •_� Av SEAL '!�• :.ate t�?W br •.• r•�••_.•�2G Y'. J . Kevin E. Hughes, Assistant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. SELLCON-01 MJOHNS ACORO CERTIFICATE OF LIABILITY INSURANCE DAT3/4/2 D/YYYY) /4/2026 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 9AML7 , Hub International Northwest LLC PHONE ( ) FAX (425) 485-8489 PO Box 3018 ONE No, Ext : 425 489-4500 ac. No Bothell, WA 98041 E-MAIL now.info@hubinternational.com INSURED SELLAND CONSTRUCTION, INC. INSURERC: P.O. Box 119 INSURER D Wenatchee, WA 98807 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR L TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF DD/YYYY POLICY EXP MI D YYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR ND, WA, 8r WY Stop Ga X X EPP 0742578 3/31/2025 3131/2026 ! I EACH OCCURRENCE $ 1,000,000 pREMI ETEoce currence) $ 100,000 X MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY F PECOT- LOC OTHER: _ GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG 2,000,000 STOP GAP EMPLOY 11000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY X X EPP 0742578 3/31/2025 3/31/2026 EOM�BINEDt SINGLE LIMIT $ 1,000,000 BODILY INJURY Perperson) $ BODILY INJURY Per accident _ $ PIR ERTYDAMAGE Per accident $ A X_ UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE X X EPP 0742578 3/31/2025 ! 3/31/2026 EACH OCCURRENCE 5,000,000 AGGREGATE $ 5,000,000 DED ' X I RETENTION $ 0 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE (Mandatory in NH) EXCLUDED? If yes, describe under DESCRIPTION OF OPERATIONS below N / A EPP 0742578 3/31 /2025 3/31/2026 PER X OTH- TAT T R E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE 1,000,000 $ E.L. DISEASE - POLICY LIMIT 1,000,000 $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, mabe attached if more space is required) RE: S Sullivan Rd Preservation — CIP#366 Contract #26 — 028 Federal Aid #NHPPZa63(017) City of Spokane Valley is included as Additional Insured, coverage is primary and non-contributory, and waiver of subrogation applies per the attached forms/endorsements. Umbrella follows form over GL, AUTO and Employers Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y P y ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley, WA 99206 - AUTHORIZED REPRESENTATIVE 17" _ ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER:EPP0742578 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): EACH OF THE NAMED INSURED'S CONSTRUCTION PROJECTS Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legal- shown in the Declarations nor shall they ly obligated to pay as damages caused by "oc- reduce any other Designated Construction currences" under Section I - Coverage A, and Project General Aggregate Limit for any for all medical expenses caused by accidents other designated construction project under Section I - Coverage C, which can be at- shown in the Schedule above. tributed only to ongoing operations at a single designated construction project shown in the 4. The limits shown in the Declarations for Schedule above: Each Occurrence, Damage To Premises Rented To You and Medical Expense 1. A separate Designated Construction Pro- continue to apply. However, instead of be- ject General Aggregate Limit applies to ing subject to the General Aggregate Limit each designated construction project, and shown in the Declarations, such limits will that limit is equal to the amount of the be subject to the applicable Designated General Aggregate Limit shown in the Construction Project General Aggregate Declarations. Limit, 2. The Designated Construction Project B. For all sums which the insured becomes legal - General Aggregate Limit is the most we ly obligated to pay as damages caused by "oc- will pay for the sum of all damages under currences" under Section I - Coverage A, and Coverage A, except damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" in- under Section I - Coverage C, which cannot be cluded in the "products -completed opera- attributed only to ongoing operations at a sin- tions hazard", and for medical expenses gle designated construction project shown in under Coverage C regardless of the num- the Schedule above: ber of: 1. Any payments made under Coverage A a. Insureds; for damages or under Coverage C for b. Claims made or "suits" brought; or medical expenses shall reduce the amount available under the General Ag- c. Persons or organizations making gregate Limit or the Products -completed claims or bringing "suits". Operations Aggregate Limit, whichever is applicable; and 3. Any payments made under Coverage A for damages or under Coverage C for 2• Such payments shall not reduce any Des - medical expenses shall reduce the Des- ignated Construction Project General Ag- ignated Construction Project General Ag- gregate Limit. gregate Limit for that designated con- C. When coverage for liability arising out of the struction project. Such payments shall not "products -completed operations hazard" is reduce the General Aggregate Limit provided, any payments for damages because CG 25 03 05 09 9 Insurance Services Office, Inc., 2008 Pagel of 2 ❑ of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construc- tion Project General Aggregate Limit. E. D. If the applicable designated construction pro- ject has been abandoned, delayed, or aban- doned and then restarted, or if the authorized contracting parties deviate from plans, blue- prints, designs, specifications or timetables, the project will still be deemed to be the same construction project. The provisions of Section III - Limits Of Insur- ance not otherwise modified by this endorse- ment shall continue to apply as stipulated. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 2 of 2 ❑ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ |TCAREFULLY. CONTRACTORS' COMM E RCIAL GENERAL LIABILITY UTY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Paqe.- 1. Employee Benefit Liability Coverage ....................................................................................... 2 3. Unintentional Failure ToDisclose Hazards ............................................................................. S ]. Damage ToPremises Rented ToYou ...................................................................................... 8 4. Supplementary Payments ...................................................................................................... 1D S. Medical Payments ...................................................................................................... ............ 1O G. 18DDay Coverage For Newly Formed OrAcquired Organizations ................................... 1O 7. Waiver Of Subrogation........................................................................................................... 1O 8. Automatic Additional Insured ' Specified Relationships: .................................................. 1D (a) Managers OrLessors OfPremises (b) Lessor DfLeased Equipment (c) Vendors (d) State OrGovernmental Agency Or Subdivision Or Political Subdivision ' Permits Or Authorizations Relating To Premises (e) Mortgagee, Assignee OrReceiver Q. Property Damage To Borrowed Equipment------------------------. 13 10. Employees As Insureds 'Specified Health Care Services And Good Samaritan Services........................... ....................................................................................................... 14 11. Broadened Notice OfOccurrence ......................................................................................... 14 12. NmnownedAircraft .......................................................................................................... ....... 14 13. Bodily InjuryRedefined .......................................................................................................... 1S 14. Expected Or Intended Injury Redefined ............................................................................... 1S 15. Former Employees As |nsureds------------------------------1S 16. Voluntary Property Damage Coverage and Came, Custody C)rControl Liability [ovennge-------------------------------------------. 15 17 Broadened Contractual Liability - Work Within 50' Of Railroad Property ......................... 17 18. Alienated Pranmises-------------------------------------' 17 B. Limits OfInsurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1' Employee Benefit Liability Coverage Each Employee Limit: $1.000.000 Aggregate Limit: $3.000.000 Deductible Amount: $ 1'000 3. Damage ToPremises Rented ToYou The lesser of: a. The Each Occurrence Limit shown inthe Declarations; or b. $SO0.00Ounless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2.500 b. Loss Of Earnings: $ 500 Includes copyrightedmaterial ofInsurance 5. Medical Payments Medical Expense Limit: $10,000 9. Property Damage To Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage D) and Care, Custody Or Control Liability Coverage Limits Of Insurance Voluntary Property Damage Coverage: $1,000 Each Occurrence $5,000 Aggregate Care, Custody Or Control Liability Coverage: $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Voluntary Property Damage Coverage: $250 Care, Custody Or Control Liability Coverage: $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other Care, Custody Or Control $ Liability TOTAL ANNUAL PREMIUM C. Coverages 1. Employee Benefit Liability Coverage a. The following is added to Section I - Coverages: EMPLOYEE BENEFIT LIABILITY COVERAGE (1) Insuring Agreement (a) We will pay those sums that the insured becomes legally obligated to pay as damag- es caused by any act, error or omission of the insured, or of any other person for whose acts the insured is legally liable, to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend against any "suit" seeking damages to which this in- surance does not apply. We may, at our discretion, in- vestigate any report of an act, error or omission and settle any claim or "suit" that may result. But: 1) The amount we will pay for damages is limited as described in C. Cov- erages, 1. Employee Benefit Liability Cover- age, c. Limits Of Insur- ance of this endorse- ment; and 2) Our right and duty to defend ends when we have used up the appli- cable limit of insurance in the payment of judg- ments or settlements. No other obligation or liabil- ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay- ments. (b) This insurance applies to damages only if the act, er- ror or omission is negligently committed in the "admin- istration" of your "employee benefit program"; and 1) Occurs during the policy period; or Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 2 of 17 2) Occurred prior to the fraudulent, criminal or mali- "first effective date" of cious act, error or omission, this endorsement pro- committed by any insured, vided: including the willful or reck- less violation of any statute. a) You did not have knowledge of a (c) Failure To Perform A Con - claim or "suit" on or tract before the "first ef- fective date" of this Damages arising out of fail - endorsement. ure of performance of con- tract by any insurer. You will be deemed to have (d) Insufficiency Of Funds knowledge of a Damages arising out of an claim or "suit" insufficiency of funds to when any insured meet any obligations under listed under C. any plan included in the Coverages, 1. "employee benefit program". Employee Benefit Liability Coverage, (e) Inadequacy Of Perfor- b. Who Is An In- mance Of Invest- sured, (1) of this ment/Advice Given With endorsement or Respect To Participation any "employee" authorized by you Any claim based upon: to give or receive 1) Failure of any invest - notice of a claim or ment to perform; "suit": i) Reports all, or any part, of the act, error or omission to us or any other insurer; ii) Receives a written or ver- bal demand or claim for dam- ages because of the act, er- ror or omis- sion; and b) There is no other applicable insur- ance. (2) Exclusions This insurance does not apply to: (a) Bodily Injury, Property Damage Or Personal And Advertising Injury "Bodily injury", "property damage" or "personal and advertising injury". (b) Dishonest, Fraudulent, Criminal Or Malicious Act Damages arising out of any intentional, dishonest, 2) Errors in providing in- formation on past per- formance of investment vehicles; or 3) Advice given to any person with respect to that person's decision to participate or not to par- ticipate in any plan in- cluded in the "employee benefit program". (f) Workers' Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers' compensation, un- employment compensation insurance, social security or disability benefits law or any similar law. (g) ERISA Damages for which any in- sured is liable because of li- ability imposed on a fiduci- ary by the Employee Re- tirement Income Security Act of 1974, as now or hereafter amended, or by any similar federal, state or local laws. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 3 of 17 (h) Available Benefits (a) An individual, you and your spouse are insureds, but on - on- Any claim for benefits to the ly with respect to the con - extent that such benefits are duct of a business of which available, with reasonable you are the sole owner. effort and cooperation of the insured, from the applicable (b) A partnership or joint ven- funds accrued or other col- ture, you are an insured. lectible insurance. Your members, your part- ners, and their spouses are (i) Taxes, Fines Or Penalties also insureds but only with Taxes, fines or penalties, in- respect to the conduct of cluding those imposed un- your business. der the Internal Revenue (c) A limited liability company, Code or any similar state or you are an insured. Your local law. members are also insureds, Q) Employment -Related Prac- but only with respect to the tices conduct of your business. Your managers are in - Any liability arising out of sureds, but only with respect any: to their duties as your man- 1) Refusal to employ; P Y� agers. (d) An organization other than a 2) Termination of employ- partnership, joint venture or ment; limited liability company, you 3) Coercion, demotion, are an insured. Your "execu- evaluation, reassign- tive officers" and directors ment, discipline, defa- are insureds, but only with mation, harassment, respect to their duties as humiliation, discrimina- your officers or directors. tion or other employ- Your stockholders are also ment-related practices, insureds, but only with re- acts or omissions; or spect to their liability as stockholders. 4) Consequential liability as a result of 1), 2) or 3) (e) A trust, you are an insured. above. Your trustees are also in- sureds, but only with respect This exclusion applies to their duties as trustees. whether the insured may be held liable as an employer (2) Each of the following is also an or in any other capacity and insured: to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must pay administer your "employee damages because of the in- benefit program"; jury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having prop - Section I - Supplementary Pay- er temporary authorization ments - Coverages A and B also to administer your "employ - apply to this Coverage, however ee benefit program" if you 1.b. and 2. of the Supplementary die, but only until your legal Payments provision do not apply. representative is appointed; or b. Who Is An Insured (c) Your legal representative if As respects Employee Benefit Liabil- you die, but only with re- ity Coverage, Section II - Who Is An spect to duties as such. That Insured is replaced by the following: representative will have all your rights and duties under (1) If you are designated in the Dec- this Coverage Part. larations as: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 4 of 17 (3) Any organization you newly ac- dorsement is the most we will quire or form, other than a part- pay for all damages sustained by nership, joint venture or limited any one "employee", including liability company, and over which damages sustained by such you maintain ownership or major- "employee's" dependents and ity interest, will qualify as a beneficiaries, as a result of: Named Insured if no other similar insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under (b) A series of related acts, er- this provision: rors or omissions, regard - (a) Is afforded only until the less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; the end of the policy period, negligently committed in the whichever is earlier; and "administration" of your "employ- (b) Does not apply to any act, ee benefit program". error or omission that was However, the amount paid under committed before you ac- this endorsement shall not ex- quired or formed the organi- ceed, and will be subject to the zation. limits and restrictions that apply c. Limits Of Insurance to the payment of benefits in any plan included in the "employee As respects Employee Benefit Liabil- benefit program." ity Coverage, Section III - Limits Of Insurance is replaced by the follow- (4) Deductible Amount ing: (a) Our obligation to pay dam- (1) The Limits of Insurance shown in ages on behalf of the in - Section B. Limits Of Insurance, sured applies only to the 1. Employee Benefit Liability amount of damages in ex - Coverage of this endorsement cess of the Deductible and the rules below fix the most Amount shown in Section B. we will pay regardless of the Limits Of Insurance, 1. Em- number of: ployee Benefit Liability Cov- erage of this endorsement (a) Insureds; as applicable to Each Em- ployee. The limits of insur- (b) Claims made or "suits" ance shall not be reduced brought; by the amount of this de- (c) Persons or organizations ductible. making claims or bringing (b) The Deductible Amount "suits"; shown in Section B. Limits (d) Acts, errors or omissions; or Of Insurance, 1. Employee Benefit Liability Coverage of (e) Benefits included in your this endorsement applies to "employee benefit program". all damages sustained by any one "employee", includ- (2) The Aggregate Limit shown in ing such "employee's" de- Section B. Limits Of Insurance, pendents and beneficiaries, l. Employee Benefit Liability because of all acts, errors or Coverage of this endorsement is omissions to which this in - the most we will pay for all dam- surance applies. ages because of acts, errors or omissions negligently committed (c) The terms of this insurance, in the "administration" of your including those with respect "employee benefit program". to: (3) Subject to the limit described in 1) Our right and duty to (2) above, the Each Employee defend the insured Limit shown in Section B. Limits against any "suits" Of Insurance, 1. Employee Bene- seeking those damag- fit Liability Coverage of this en- es; and Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 5 of 17 2) Your duties, and the du- You must see to it that ties of any other in- we receive written no- volved insured, in the tice of the claim or "suit" event of an act, error or as soon as practicable. omission, or claim; c. You and any other in - apply irrespective of the ap- volved insured must: plication of the Deductible Amount. (1) Immediately send us copies of any (d) We may pay any part or all demands, notices, of the Deductible Amount to summonses or le - effect settlement of any gal papers re- claim or "suit" and, upon no- ceived in connec- tification of the action taken, tion with the claim you shall promptly reim- or "suit"; burse us for such part of the Deductible Amount as we (2) Authorize us to ob- have paid. tain records and other information; d. Additional Conditions (3) Cooperate with us As respects Employee Benefit Liabil- in the investigation ity Coverage, Section IV - Commer- or settlement of the cial General Liability Conditions is claim or defense amended as follows: against the "suit"; and (1) Item 2. Duties In The Event Of Occurrence, Offense, Claim Or (4) Assist us, upon our Suit is replaced by the following: request, in the en- forcement of any 2. Duties In The Event Of An right against any Act, Error, Omission, person or organi- Claim Or Suit zation which may a. You must see to it that be liable to the in - we are notified as soon sured because of as practicable of an act, an act, error or error or omission which omission to which may result in a claim. this insurance may To the extent possible, also apply. notice should include: d. No insured will, except (1) What the act, error at that insured's own or omission was cost, voluntarily make a and when it oc- payment, assume any curred; and obligation, or incur any expense without our (2) The names and consent. addresses of any- one who may suf- (2) Item 4. Other Insurance is re- fer damages as a placed by the following: result of the act, 4. Other Insurance error or omission. If other valid and collectible b. If a claim is made or insurance is available to the "suit" is brought against insured for a loss we cover any insured, you must: under this Employee Benefit (1) Immediately record Liability Coverage, our obli- the specifics of the gations are limited as fol- claim or "suit" and lows: the date received; a. Primary Insurance and (2) Notify us soon This insurance is prima- ry except when c. below as practicable. applies. If this insurance Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 6 of 17 is primary, our obliga- scope of "employee tions are not affected benefit programs"; unless any of the other insurance is also prima- b. Interpreting the "em- ry. Then, we will share ployee benefit pro - with all that other insur- grams"; ance by the method de- c. Handling records in scribed in Paragraph b. connection with the below. "employee benefit pro- b. Method Of Sharing grams"; or If all of the other insur- d. Effecting, continuing or ance permits contribu- terminating any "em- tion by equal shares, ployee's" participation in we will follow this meth- any benefit included in od also. Under this ap- the "employee benefit proach each insurer program". contributes equal However, "administration" amounts until it has does not include: paid its applicable limit of insurance or none of a. Handling payroll deduc- the loss remains, tions; or whichever comes first. b. The failure to effect or If any of the other in- maintain any insurance surance does not permit or adequate limits of contribution by equal coverage of insurance, shares, we will contrib- including but not limited ute by limits. Under this to unemployment insur- method, each insurer's ance, social security share is based on the benefits, workers' com- ratio of its applicable pensation and disability limit of insurance to the benefits. total applicable limits of insurance of all insur- 2. Cafeteria plans" means ers. plans authorized by applica- ble law to allow "employees" c. No Coverage to elect to pay for certain benefits with pre-tax dollars. This insurance shall not cover any loss for which 3. "Employee benefit pro - the insured is entitled to grams" means a program recovery under any providing some or all of the other insurance in force following benefits to "em- previous to the effective ployees", whether provided date of this Employee through a "cafeteria plan" or Benefit Liability Cover- otherwise: age. a. Group life insurance; e. Additional Definitions group accident or health insurance; dental, vision As respects Employee Benefit Liabil- and hearing plans; and ity Coverage, Section V - Definitions flexible spending ac- is amended as follows: counts; provided that no (1) The following definitions are one other than an "em- added: ployee" may subscribe to such benefits and 1. "Administration" means: such benefits are made generally available to a. Providing information to those "employees" who "employees", including satisfy the plan's eligibil- their dependents and ity requirements; beneficiaries, with re- spect to eligibility for or Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 7 of 17 b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. appeal of a civil pro - benefits and such bene- ceeding. ce fits are made generally 2. Unintentional Failure To Disclose Haz- available to all "employ- ards ees" who are eligible under the plan for such Section IV - Commercial General Liabil- benefits; ity Conditions, 6. Representations is amended by the addition of the following: c. Unemployment insur- ance, social security Based on our dependence upon your rep - benefits, workers' com- resentations as to existing hazards, if un- pensation and disability intentionally you should fail to disclose all benefits; and such hazards at the inception date of your policy, we will not reject coverage under d. Vacation plans, includ- this Coverage Part based solely on such ing buy and sell pro- failure. grams; leave of ab- sence programs, includ- 3. Damage To Premises Rented To You ing military, maternity, family, and civil leave; a. The last paragraph of 2. Exclusions tuition assistance plans; under Section I - Coverage A - Bod- transportation and ily Injury And Property Damage Li - health club subsidies. ability is replaced by the following: 4. "First effective date" means Exclusions c. through n. do not apply the date upon which cover- to damage by fire, explosion, light - age was first effected in a ning, smoke or soot to premises while series of uninterrupted re- rented to you or temporarily occupied newals of insurance cover- by you with permission of the owner, age. for which the amount we will pay is limited to the Damage To Premises (2) The following definitions are de- Rented To You Limit as described in leted in their entirety and re- Section III - Limits Of Insurance. placed by the following: b. The insurance provided under Sec- 5. "Employee" means a person tion I - Coverage A - Bodily Injury And actively employed, formerly Property Damage Liability applies to employed, on leave of ab- "property damage" arising out of wa- sence or disabled, or retired. ter damage to premises that are both "Employee" includes a rented to and occupied by you. "leased worker". "Employee" s not include a "tempo- does As respects Water Damage Legal Li - rary worker". ability, as provided in Paragraph 3.b. above: 18. "Suit" means a civil proceed- ing in which money damag- The exclusions under Section I - es because of an act, error Coverage A - Bodily Injury And Prop - or omission to which this in- erty Damage Liability, 2. Exclusions, surance applies are alleged. other than i. War and the Nuclear "Suit" includes: Energy Liability Exclusion (Broad Form), are deleted and the following a. An arbitration proceed- are added: ing in which such dam- ages are claimed and to This insurance does not apply to: which the insured must (a) "Property damage": submit or does submit with our consent; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 8 of 17 (i) Assumed in any contract or conditioning, fire protection sys- agreement; or tems, or other equipment, caused by or resulting from (i i) Caused by or resulting from any freezing, unless: of the following: (i) You did your best to main- 1) Wear and tear; tain heat in the building or 2) Rust or other corrosion, de- structure; or cay, deterioration, hidden or (i i) You drained the equipment latent defect or any quality in and shut off the water supply property that causes it to if the heat was not main - damage or destroy itself; tained. 3) Smog; (d) "Property damage" to: 4) Mechanical breakdown, in- (i) Plumbing, heating, air condi- cluding rupture or bursting tioning, fire protection sys- caused by centrifugal force; tems, or other equipment or 5) Settling, cracking, shrinking appliances; or or expansion; (i i) The interior of any building 6) Nesting or infestation, or or structure, or to personal discharge or release of property in the building or waste products or secre- structure, caused by or re- tions, by insects, birds, ro- sulting from rain, snow, sleet dents or other animals; or or ice, whether driven by wind or not. 7) Presence, growth, prolifera- tion, spread or any activity of c. Limit Of Insurance fungus, including mold or With respect to the insurance afford - mildew, and any mycotoxins, ed in Paragraphs 3.a. and 3.b. above, spores, scents or byproducts the Damage To Premises Rented To produced or released by You Limit as shown in the Declara- fungi. tions is amended as follows: (b) "Property damage" caused di- (1) Paragraph 6. of Section III - Lim- rectly or indirectly by any of the its Of Insurance is replaced by following: the following: (i) Earthquake, volcanic erup- 6. Subject to Paragraph 5. tion, landslide or any other above, the Damage To earth movement; Premises Rented To You (i i) Water that backs up or over- Limit is the most we will pay flows or is otherwise dis- under Coverage A - Bodily charged from a sewer, drain, Injury And Property Damage sump, sump pump or related Liability for damages be - equipment; cause of "property damage" to any one premises: (iii) Water under the ground sur- face pressing on, or flowing a. While rented to you, or or seeping through: temporarily occupied by you with permission of 1) Foundations, walls, the owner; floors or paved surfac- es; b. In the case of damage by fire, explosion, light- 2) Basements, whether ning, smoke or soot, paved or not; or while rented to you; or 3) Doors, windows or other c. In the case of damage openings. by water, while rented to and occupied by you. (c) "Property damage" caused by or resulting from water that leaks or (2) The most we will pay is limited as flows from plumbing, heating, air described in Section B. Limits Of Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 9 of 17 Insurance, 3. Damage To Prem- ises Rented To You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a. Paragraph 1.b. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits Of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 1.d. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits Of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as shown in the Declarations is amended to the limit shown in Section B. Limits Of Insurance, 5. Medical Payments of this endorsement. 6. 180 Day Coverage For Newly Formed Or Acquired Organizations Section II - Who Is An Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: a. Coverage under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver Of Subrogation Section IV - Commercial General Liabil- ity Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: We waive any right of recovery against any additional insured under this en- dorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recov- ery in a written contract, written agree- ment, written permit or written authoriza- tion. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional insured prior to loss. 8. Automatic Additional Insured - Speci- fied Relationships a. The following is added to Section II - Who Is An Insured: (1) Any person(s) or organization(s) described in Paragraph 8.a.(2) of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2) Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers Or Lessors Of Premises The manager or lessor of a premises leased to you you are required per Paragraph 8.a.(1) of this endorsement to provide insurance, but on- ly with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the own- ership, maintenance or use of that part of the premises leased to you, subject to the following additional exclu- sions: This insurance does not ap- ply to: (i) Any "occurrence" which takes place after you cease to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on be - Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 10 of 17 GA 233 09 20 half of such additional damages that the insured. vendor would have in the absence of (b) Lessor Of Leased Equip- the contract or ment agreement; Any person(s) or organiza- 2) Any express war- tion(s) from whom you lease ranty unauthorized equipment you are required by you; per Paragraph 8.a.(1) of this endorsement to provide in- 3) Any physical or surance. Such person(s) or chemical change in organization(s) are insureds the product made only with respect to liability intentionally by the for "bodily injury", "property vendor; damage" or "personal and advertising injury" caused, in 4) Repackaging, ex - whole or in part, by your cept when un- maintenance, operation or packed solely for use of equipment leased to the purpose of in - you by such person(s) or or- spection, demon- ganization(s). A person's or stration, testing, or organization's status as an the substitution of additional insured under this parts under in - endorsement ends when structions from the their contract or agreement manufacturer, and with you for such leased then repackaged in equipment ends. However, the original con - this insurance does not ap- tainer; ply to any "occurrence" 5) Any failure to make which takes place after the such inspections, equipment lease expires. adjustments, tests (c) Vendors or servicing as the vendor has agreed Any person or organization to make or normal - (referred to below as ven- ly undertakes to dor) you are required per make in the usual Paragraph 8.a.(1) of this en- course of busi- dorsement to provide insur- ness, in connection ance, but only with respect with the distribution to liability for "bodily injury" or sale of the or "property damage" arising products; out of "your products" which are distributed or sold in the 6) Demonstration, in - regular course of the ven- stallation, servicing dor's business, subject to or repair opera - the following additional ex- tions, except such clusions: operations per- formed at the ven- (i) The insurance afforded dor's premises in the vendor does not connection with the apply to: sale of the product; 1) "Bodily injury" or 7) Products which, af- "property damage" ter distribution or for which the ven- sale by you, have dor is obligated to been labeled or re- pay damages by labeled or used as reason of the as- a container, part or sumption of liability ingredient of any in a contract or other thing or sub - agreement. This stance by or for the exclusion does not vendor; or apply to liability for Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 17 8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omis- sions or those of its employees or anyone else acting on its behalf. How- ever, this exclusion does not apply to: a) The excep- tions contained in Paragraphs (c)(i)4) or 6) of this endorse- ment; or b) Such inspec- tions, adjust- ments, tests or servicing as the vendor has agreed to make or nor- mally under- takes to make in the usual course of business, in connection with the distri- bution or sale of the prod- ucts. (ii) This insurance does not apply to any insured person or organization: 1) From whom you have acquired such products, or any ingredient, part or container, enter- ing into, accompa- nying or containing such products; or 2) When liability in- cluded within the "products - completed opera- tions hazard" has been excluded un- der this Coverage Part with respect to such products. (d) State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or po- litical subdivision you are required per Paragraph 8.a.(1) of this endorsement to provide insurance, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political sub- division has issued a permit or authorization in connec- tion with premises you own, rent or control and to which this insurance applies: (i) The existence, mainte- nance, repair, construc- tion, erection or removal of advertising signs, awnings, canopies, cel- lar entrances, coal holes, driveways, man- holes, marquees, hoist away openings, side- walk vaults, street ban- ners or decorations and similar exposures; (ii) The construction, erec- tion or removal of eleva- tors; or (iii) The ownership, mainte- nance or use of any el- evators covered by this insurance. (e) Mortgagee, Assignee Or Receiver Any person or organization you are required per Para- graph 8.a.(1) of this en- dorsement to provide insur- ance, but only with respect to their liability as mortga- gee, assignee or receiver and arising out of the own- ership, maintenance or use of the premises by you. However, this insurance does not apply to structural alterations, new construction and demolition operations performed by or for that per- son or organization. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page: 12 of 17 (3) The insurance afforded to addi- Automatic Additional Insured Pro- tional insureds described in Par- vision agraph 8.a.(1) of this endorse- ment: This insurance applies only if the "bodily injury" or "property damage" (a) Only applies to the extent occurs, or the "personal and advertis- permitted by law; ing injury" offense is committed: (b) Will not be broader than that (1) During the policy period; and which you are required by the written contract, written (2) Subsequent to your execution of agreement, written permit or the written contract or written written authorization to pro- agreement, or the issuance of a vide for such additional in- written permit or written authori- sured; and zation, described in Paragraph 8.a.(1). (c) Does not apply to any per- son, organization, vendor, d. Section IV - Commercial General state, governmental agency Liability Conditions is amended as or subdivision or political follows: subdivision, specifically Condition 4. Other Insurance is named as an additional in- amended to include: sured under any other provi- sion of, or endorsement Primary And Noncontributory In - added to, this Coverage surance Part, provided such other provision or endorsement This insurance is primary to and will covers the injury or damage not seek contribution from any other for which this insurance ap- insurance available to an additional plies. insured per Paragraph 8.a.(1) of this endorsement provided that: b. With respect to the insurance afford- ed to the additional insureds de- (1) The additional insured is a scribed in Paragraph 8.a.(1) of this Named Insured under such other endorsement, the following is added insurance; and to Section III - Limits Of Insurance: (2) You have agreed in writing in a The most we will pay on behalf of the contract, agreement, permit or additional insured is the amount of in- authorization described in 8.a.(2) surance: of this endorsement that this in- surance would be primary and (1) Required by the written contract, would not seek contribution from written agreement, written permit any other insurance available to or written authorization described the additional insured. in Paragraph 8.a.(1) of this en- dorsement. For the purpose of 9• Property Damage To Borrowed Equip - determining the required amount ment of insurance only, we will include a. The following is added to Exclusion the minimum amount of any Um- 2 J. Damage To Property under Sec- brella liability or Excess Liability tion I - Coverage A - Bodily Injury And coverage required for that addi- Property Damage Liability: tional insured in that written con- tract, written agreement, written Paragraphs (3) and (4) of this exclu- permit or written authorization; or sion do not apply to tools or equip- ment loaned to you, provided they are (2) Available under the applicable not being used to perform operations limits of insurance; at the time of loss. whichever is less. b. With respect to the insurance provid- This endorsement shall not increase ed by this section of the endorse - the applicable limits of insurance. ment, the following additional provi- sions apply: c. Section IV - Commercial General Liability Conditions is amended to (1) The Limits of Insurance shown in include the following: the Declarations are replaced by the limits shown in Section B. Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 13 of 17 Limits Of Insurance, 9. Property Damage To Borrowed Equip- ment of this endorsement with respect to coverage provided by this endorsement. These limits are inclusive of and not in addi- tion to the limits being replaced. The Limits of Insurance shown in Section B. Limits Of Insurance, 9. Property Damage To Bor- rowed Equipment of this en- dorsement fix the most we will pay in any one 'occurrence" re- gardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each 'occurrence" which are in excess of the Deductible Amount shown in Section B. Limits Of Insur- ance, 9. Property Damage To Borrowed Equipment of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (b) Section IV - Commercial General Liability Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees As Insureds - Specified Health Care Services And Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to: 1) Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or 2) Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice Of Occurrence Paragraph a. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Com- mercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occur- rence" or offense. 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto Or Watercraft under Sec- tion I - Coverage A - Bodily Injury And Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 14 of 17 b. The aircraft is rented with a trained, 2) Damage occurs while in paid crew; and your possession. c. The aircraft does not transport per- At your written request, we sons or cargo for a charge. will make this payment re- gardless of whether you are 13. Bodily Injury Redefined at fault for the "property Section V - Definitions, 3. "Bodily injury" damage". is replaced by the following: If you, at our request, re- 3. "Bodily injury" means bodily harm or place, or make any repairs injury, sickness, disease, disability, to, damaged property of humiliation, shock, fright, mental an- others, the amount we will guish or mental injury, including care, pay under Voluntary Proper - loss of services or death resulting ty Damage Coverage will be from any of these at any time. determined by your actual cost to replace or repair the 14. Expected Or Intended Injury Redefined damaged property, exclud- ing any profit or overhead. The last sentence of Exclusion 2.a. Ex- pected Or Intended Injury under Sec- Any payment we make un- tion I - Coverage A - Bodily Injury And der Voluntary Property Property Damage Liability is replaced by Damage Coverage shall not the following: be interpreted as an admis- Sion of liability by you or by This exclusion does not apply to "bodily us. injury" or "property damage" resulting from the use of reasonable force to protect per- It shall be your duty, not our sons or property. duty, to defend any claim or "suit" to which this insurance 15. Former Employees As Insureds applies. The following is added to Paragraph 2. No other obligation or liabil- under Section II - Who Is An Insured: ity to pay sums or perform 2. Each of the following is also an in- acts or services is covered. sured: (b) This insurance applies to Any of your former "employees", di- "property damage" only if: rectors, managers, members, part- 1) The "property damage" ners or "executive officers", including takes place in the "cov- but not limited to retired, disabled or erage territory"; and those on leave of absence, but only for acts within the scope of their em- 2) The "property damage" ployment by you or for duties related occurs during the policy to the conduct of your business. period. 16. Voluntary Property Damage Coverage (2) Exclusions a. Section I - Coverages is amended to This insurance does not apply to include the following: "property damage" that would be COVERAGE D - VOLUNTARY excluded by Coverage A - Bodily PROPERTY DAMAGE COVERAGE Injury And Property Damage Lia bility, 2. Exclusions, except for j. (1) Insuring Agreement Damage To Property, Para- graphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage To Your Product, and I. pair or replace "property Damage To Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary Prop - when: erty Damage Coverage only, the 1) Damage is caused by following definitions under Sec - you; or tion V - Definitions are replaced by the following: Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 15 of 17 13. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in 'property damage". 17. 'Property damage" means physical injury to tangible property. Electronic data is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. As used in this definition, electronic data means in- formation, fads or pro- grams, stored as or on, cre- ated or used on, transmitted to or from computer soft- ware, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. b. Care, Custody Or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody Or Control Lia- bility Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury And Property Damage Lia- bility, 2. Exclusions, j. Damage To Property, Paragraphs (3), (4) and (5) do not apply to "property damage" to the property of oth- ers described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. (3) 'Property damage" for which Care, Custody Or Control Liabil- ity Coverage provides coverage shall be deemed to be caused by an 'occurrence" but shall not serve to limit or restrict the ap- plicability of any exclusion for "property damage" under this Coverage Part. c. Limits Of Insurance And Deducti- bles For purposes of the coverage provid- ed by Voluntary Property Damage Coverage and Care, Custody Or Con- trol Liability Coverage, Section III - Limits Of Insurance is amended to include the following: (1) The Limits of Insurance shown in the Declarations are replaced by the limits shown in Section B. Limits Of Insurance, 16. Volun- tary Property Damage Coverage and Care, Custody Or Control Liability Coverage in this en- dorsement. These limits are in- clusive of, and not in addition to, the limits being replaced. The Limits of Insurance shown in the Schedule fix the most we will pay regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bringing "suits". (2) (a) Subject to (3) below, the Voluntary Property Damage Coverage Each Occurrence Limit Of Insurance is the most we will pay for the sum of damages under Voluntary Property Damage Coverage; (b) The Care, Custody Or Con- trol Liability Coverage Each Occurrence Limit Of Insur- ance is the most we will pay for the sum of damages un- der Care, Custody Or Con- trol Liability Coverage; because of all "property damage" arising out of any one "occur- rence". (3) The Voluntary Property Damage Coverage, Aggregate Limit Of Insurance is the most we will pay for the sum of all damages under Voluntary Property Damage Coverage. This limit applies sep- arately to each "coverage term". (4) Deductible Clause Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 16 of 17 (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible Amount shown in Section B. Limits Of Insur- ance, 16. Voluntary Property Damage Coverage and Care, Custody Or Control Liability Coverage. The lim- its of insurance will not be reduced by the application of such Deductible Amount. (b) Section IV - Commercial General Liability Conditions, 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the Deductible Amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the Deductible Amount as has been paid by us. 17. Broadened Contractual Liability - Work Within 50' Of Railroad Property Section V - Definitions, 9. "Insured con- tract" is amended as follows: a. Paragraph c. is replaced by the fol- lowing: c. Any easement or license agree- ment; b. Paragraph f.(1) is deleted in its entire- ty. 18. Alienated Premises Exclusion 2J. Damage To Property, Para- graph (2) under Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 09 20 Services Office, Inc., with its permission. Page 17 of 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- sons) or organization(s) is an additional insured only with respect to liability for: "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after.- (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in- cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion 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 architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au- thorization to add as an additional insured on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi- sion or political subdivision has issued, in writing, a permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph 6.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." C. The insurance afforded to additional insureds described in Paragraphs A. and B.: 1. Only applies to the extent permitted by law; and Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B. For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Um- brella Liability or Excess Liability cover- age required for that additional insured in that written contract, written agreement, written permit or written authorization; or 2. Available under the applicable limits of in- surance; whichever is less. This endorsement shall not increase the appli- cable limits of insurance. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: During the policy period; and 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured on another insur- ance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). H. Section IV - Commercial General Liability Conditions, Transfer Of Rights Of Recov- ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlus° BUSINESS AUTO XC+® (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is deleted in its entirety and re- placed by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation for whom you have agreed in a valid written contract to provide insurance as af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by the following: b. 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 that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident'; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy or would be an "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, S. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de - AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. SECTION V - DEFINITIONS, H. "Insured contract', 1.c. is deleted in its entirety and replaced by the following: c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract', 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4