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AG 19-042 - MacDonald- Miller Facilities Solutions RETURN TO: Mary J EXT: 6901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks Department 2. ORIGINATING STAFF PERSON: Jason H.Gerwen EXT: 6912 3. DATE REQ.BY 4/.28/2023 .� 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION A CONTRACT AMENDMENT(AG#):19-042 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: City Hall&FWCC Maintenance Contract 6. NAME OF CONTRACTOR: MacDonald Miller ADDRESS: PO Box 47983,Seattle,WA98149 TELEPHONE E-MAIL: FAX: SCGNAI"UPFNAM>L� ...�ee ... r rrick i11M'101 ds.- 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES N COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES !91 PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 4112117 COMPLETION DATE: ...-......m m. 12131/24 ...�. ..... ._,,,,,,�. 9. TOTAL COMPENSATION$208,600.00+$289,673.10+$193,567.56=$690,004.66�mmm (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:❑YES A NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES ONO IF YES,$ _ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED Ill PURCHASING: PLEASE CHARGE TO: 505-1100-331-518-30-480/111-7200-351-575-51-480 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED I PROJECT MANAGER JG-4/25/2023 ❑ DIRECTOR _... ❑ RISK MANAGEMENT (IF APPLICABLE) I LAW 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 5/9123 COUNCIL APPROVAL DATE: 5/16/23 12. CONTRACT SIGNATURE ROUTING ,,, a ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: 7. - ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED N/LAW DEPARTMENT _ r 51'GNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# � COMMENTS: 2/20I7 CITE" of CITY WALL 33325 3th Avenue South Federal Way Federal Way.WA 95003-6325 (25 ) 635-7000 www.cityo eralwaycom AMENDMENT NO. 2 TO NULTNTENANCE AGREEMENT FOR HVAC SERVICE This Amendment ("Amendment No. 2") is made between the City of Federal Way, a Washington municipal corporation("City"),and MacDonald-Miller Facility Solutions,LLC.,a Limited Liability Company("Contractor"). The City and Contractor(together"Parties"),for valuable consideration and by mutual consent of the Parties,agree to amend the original Agreement for HVAC Service("Agreement')dated effective April 12,2019,as amended by Amendment No.1, as follows: 1. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-2,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 2. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement,together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement,as modified by any prior amendments,as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT 1 3/2017 CITY OF CITY HALL 33325 Eth Avenue South Federal Way Federal Way,WA 003-6325 (253) 335-7000 vvwwc4;ycrft0dc,,rrV ycore7 IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: mm ...w..... _......._... Jim F ,yor ' Stephanie Courtney,CMC, City Clerk DATE: . mITITIT V ,w APPROVED AS TO FORM: I an Call,Cit+A , e MACDONALD-MILLER FACILITY SOLUTIONS 6i q y By. 1 w 6 t w Printed Name: Title: ..M...�. ........_. _.....�...�__".�... . Date STATE OF WASHINGTON ) )ss. COUNTY OF L 'L l On this day personally appeared before me to me known to be the w.,a s of MacDonald-Miller q5olutions aolrtL ".that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company,for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute said instrument. GIVEN my hand and official seal this ` day of ..w....IT.IT.ITITIT _ 2023. ?,y (Z// Notary's Signature �.m � ...��... _ ... . Notary's printed name-.. v a ," �O M 300037 �r � Notary Public in and for the State of Washington. My commission e p res . � )" , E.0 lis St a Map � �..._. . '"" fly M9Daiignronl� ;A, 31712027 " �� AMENDMENT -2- 3/2017 CITY of CITY FiALI... 33325 8th Avenue e outh Federal Way,WA 98003--6325 (253)83 y-7000 Federal Way e vvw..cityo erahva.ycorn EXHIBIT B-2 ADDITIONAL COMPENSATION 1. Total Comocnsation: In return for the Services,the City shall pay the Contractor an additional amount not to exceed One Hundred Fifty-One Thousand Six Hundred Forty-Eight and No/100 Dollars ($151,648.00) and Washington State sales tax equal to Forty-One Thousand Nine Hundred Nineteen and 56/100 Dollars ($41,919.56)for a total of One Hundred Ninety-Three Thousand Five Hundred Sixty-Seven and 56/100 Dollars ($193,567.56). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Six Hundred Ninety Thousand Four and 66/100 Dollars ($690,004.66). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Method of Compensation: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative,which shall specifically set forth the services performed,the name of the person performing such services,and the hourly labor charge rate for such person. Payment shall be made on a monthly basis,thirty(30)days after receipt of such billing statement. Hourly rates not to exceed: Extra repair hourly rate up to 8 hrs: $183.00 per hour Overtime Saturday rate: $274.50 per hour Overtime Sunday rate: $366.00 per hour City Hall Comprehensive service rate at$40,091 +4,049.70 tax=$44,145.70 yr. FWCC Comprehensive service rate at$35,728+3,608.53 tax=$39,336.53 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. AMENDMENT - 3 - 3/2017 MACDFAC-01 WORNSON CERTIFICATE OF LIABILITY INSURANCE DATE 5J(MM/DD(MMIDD/YYYY) 23 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed.. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on rights to the certificate holder in lieu of such endorsements. mmm this certificate does not con,,,,,.........fer ri ..... � mm .... -..--..._. C$NTACT PRODUCER N ME: Hub International Northwest LLC (42.5)489�-.4.500 _ Fc No (4_25 .. 4� (Al 485_889 PO Box 3018 ..... E-MAIL Bothell,WA 98041 APP S -now.inffo hubititernational.com. . INSURER(S)AFFORDING COVERAGE NAIC# INSUR�ERA;The Continental Insurance Company ro.n.. — . 35289 INSURED tiINSURER B;National Fire Insurance Commy pf Hartford 20478 MacDonald-Miller Facility Solutions,LLC INSURER c.\/anta a Risk Specialty Insurance Company 16275 9 P �l . P.O Box 47983 INSURER o: ......... Seattle,WA 98146 ... NSII,IRER E R IURE F: COVERAGES.. ....�� NS_.._--- ....... ...... CERTIFICATEmNUMBER. _... REVISION DUMBER: 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. i SR A X COMMERCIAL GENERAL LIABILITY ADDL SUDR POLICY'FF POLICY EXI LTRTYPE OF INSURANCE ,y,, mmmmmmmmm „POLICY NUMBER LIMITS N EAA HOCCIIRRENCE $ 2,000,000 I 70111451869 630022 6/30/2023 DAMAGE TO RENTED � 100,000 CLAIMS-MADE OCCUR X l I ....� X X / /2 PRf�M��,a��.«3c�rrrsrmc�s3 _�_ MED EXP(Any dnepalrsonp ....._$........... .. 5,000 -- ' LIMIT ___ _......._ PERSONAL a ADV IN_IUPY yS. mn. 2,0 00,000 (ENL AGGREGATE LIMI APPLIES PER: OR . 4,000,000 PYOPACO 4,000,000PPOLICY E T ❑ OC PRODUCT S M OTHER COMBNED SINGLE LINT , B AUTOMOBILE LIABILITY r^Ip.Dl7__. .._ $ _-.�......2�000y000 X ANY AUTO X X 7011451872 6/30/2022 6/30/2023 ROM Y IN,IUax Eger gtgon OWNED SCHEDULED AUTOS ONLY AUTOS LO@7p1,,. 1 IllCwhar. �rdnR S e ..HIR D NON-d9yn,'9",;7 ..f RLiP'E'TY L',o-AMAGE _-AUT�S ONLY — AUTOS tTC Y S A X UMBRELLA LIAB X OCCUR II ...-. _ - — _ _ nEAIwH c��uRt��4(`IF_._.. � 5 000,000 AIMS MnDF EXCESS LIAB t X X 011902797 6/30/2022 6/30/2023 5 000,000 _ — AGGREGATE w DED X RETENTION S 0 m. B AND EMPLOYERS LIABILITY F N NIA F'#. EACH TE AORKERSCOMPENSATIOCd v I Fd(7PRIETOR+PARTVdEP,IEXECUTIV. 7011451886 6130I2022 6/30/2023 AC IDENT 9„000,0(10 Yt F g,E IMEMN3 R EXC.LUD'ED r --.... y Ua x3a or Itr ) E I..DISEASE•EA EMPLOYEE �' 1,00%000 IIfy esedbe und®r 1,000,000 UESCRb�I TION"OF OFLEB�LION below El DISEASE•I�O�Y.RC°P LIM T $ C PROF'/POLL P03CP011000207 0 61301'2022 613012023mm CC/AGG—.. 2,000,000 DESCRIPTION OF OPERATION'S t LOCATIONS I VEHICLES ACORO 10,1 Additional Remarks Schedule,may be attached If more space Is required) RE.MM JOB//76179029;COPPER THEFT PROTECTION SYSTEM INSTALLATION ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT:CITY OF FEDERAL WAY,ITS OFFICERS,OFFICIALS,EMPLOYEES,VOLUNTEERS AND AGENTS.COVERAGE IS PRIMARY AND NON-CONTRIBUTORY.WAIVER OF SUBROGATION,AND PER PORJECT AGGREGATE APPLIES.SEE ATTACHED ENDORSEMENT(S). *NIA TO ADDITIONAL INSURED CERTIFI A,1"I_HOLDER—,,,, CANCELLATION _. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave South Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE d ^ . ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with"arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another .endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Page 1 of 2 Policy No: 7011451869 Endorsement No: Insured Name: MacDonald-Miller Facility Solutions, LLC Effective Date: 06/30/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph (4) does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Page 2 of 2 Policy No: 7011451869 Endorsement No: Insured Name: MacDonald-Miller Facility Solutions, LLC Effective Date: 06/30/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition i 4. Broad Knowledge o _ g f Occurrence/Notice of Occurrence 5. Broad Named Insured _ 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidents . e I Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control Liquor16. Liability ................._. ...... 17. Medical Payments . www. wawa. .. 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft .20 Personal And Advertising sing Injury—Discrimination or Humiliation � 21. Personal And Advertising Injury- _ Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIPWCCIP, or Consolidated(Wrap-Up) ...... . p p)Insurance Programs CNA74705XX(1-15) Eilcy o: 7o1451e69 0 Page 1 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment., but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part„ by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA71705XX (1-15) Policy No: 7011451869 Page 2 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessors real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or x c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental pen-nit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) ollcy o: 1011451869 Page 3 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions;or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX(1-15) Policy : 011451s69 o Ic o Page 4 of 17 nt No: 3 Effective Date: 0 6/3 0/2 0 2 2 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company orjoint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: ` (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX(1-15) Policy No: 7011451869 Page 5 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; If. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8„ ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Endorsement o: 7011451869 Page 6 of 17 No: 3 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Effective Date: 06/30/2022 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: mM a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Endorsement N Policy o: poi 451869 Page 7 of 17 o: Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A,except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. w. .............. CNA74705XX(1-15) olcy o 7011451869 Page 8 of 17 Endorsement No: 3 Effective Date: 0 6/3 0/2 0 2 2 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables,the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: d This insurance does not apply to: r 9 Contractual Liability d the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud v CNA74705XX(1-15) Po Icy No: 7011451869 Page 9 of 17 Endorsement-No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; I. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and �.. .................. CNA74705XX(1-15) Policy No, 701 45186 Page 10 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Otherinsurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: w a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or 18 limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program, then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. Please see that provision for the definition of consolidated(wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE,CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) o Icy o: 7 011 551 s 6 9 Page 11 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA PARAMOUNT CNA Contractors' General Liability Extension Endorsement J. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4)of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph(2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and (4)of this exclusion do not apply to property damage to: i. tools,or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and (4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured;' c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance,or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Policy o: 7011451869 Page 12 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY .y Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an J additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. �._ CNA74705XX(1-15) o lcy mmo: 7oii4sig6 9 Page 13 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) o lcy No: 7011451869 Page 14 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the a indemnitee; r 2. The first unnumbered paragraph beneath Paragraph 21(2)(b) is deleted and replaced by the following: ti g So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred N by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. C 11 NA74705XX (1-15) _ Policy o: 7011451869 Page 15 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a$5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP,CCIP, OR CONSOLIDATED(WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.) is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor ww_� CNA74705XX(1-15) Policy No: 1011451869 Page 16 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages,guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. a All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74705XX(1-15) Policy 'o: 7011451s69 Page 17 of 17 Endorsement No: 3 Effective Date: 06/30/2022 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA63359XX (Ed. 04/12) CNA Policy No. 7011451872 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE on which the additional insured is a Named Insured. A. Who Is An Insured 4. An "employee"of yours is an"insured"while The following is added to Section II, Paragraph operating an "auto" hired or rented under a A.1.,Who Is An Insured: contract or agreement in that "employee's" 1. a. Any incorporated entity of which the name, with your permission, while Named Insured owns a majority of the performing duties related to the conduct of voting stock on the date of inception of your business. this Coverage Form; provided that, "Policy," as used in this provision A. Who Is An b. The insurance afforded by this provision Insured, includes those policies that were in A.I. does not apply to any such entity force on the inception date of this Coverage that is an "insured" under any other Form but: liability "policy" providing "auto" 1. Which are no longer in force; or coverage. 2. Whose limits have been exhausted. 2. Any organization you newly acquire or form, other than a limited liability company, B. Bail Bonds and Loss of Earnings partnership or joint venture, and over which Section II, Paragraphs A.2. (2) and A.2. (4) you maintain majority ownership interest. are revised as follows: The insurance afforded by this provision 1. In a.(2), the limit for the cost of bail bonds is A.2.: changed from$2,000 to$5,000; and a. Is effective on the acquisition or 2. In a.(4), the limit for the loss of earnings is formation date, and is afforded only until changed from $250 to$500 a day. the end of the policy period of this Coverage Form, or the next anniversary C. Fellow Employee of its inception date, whichever is Section II, Paragraph B.5 does not apply. earlier. b. Does not apply to: Such coverage as is afforded by this provision pp y C. is excess over any other collectible (1) "Bodily injury" or"property damage" insurance. caused by an "accident" that II. PHYSICAL DAMAGE COVERAGE occurred before you acquired or formed the organization; or A. Glass Breakage — Hitting A Bird Or Animal — (2) Any such organization that is an Falling Objects Or Missiles "insured" under any other liability The following is added to Section III, "policy"providing "auto"coverage. Paragraph A.3.: 3. Any person or organization that you are With respect to any covered "auto," any required by a written contract to name as an deductible shown in the Declarations will not additional insured is an "insured" but only apply to glass breakage if such glass is with respect to their legal liability for acts or repaired, in a manner acceptable to us, rather omissions of a person, who qualifies as an than replaced. "insured" under Section II — Who Is An B. Transportation Expenses Insured and for whom Liability Coverage is afforded under this policy. If required by Section III, Paragraph AA.a. is revised, with written contract, this insurance will be respect to transportation expense incurred by primary and non-contributory to insurance you, to provide: a. $60 per day, in lieu of$20; subject to CNA63359XX Copyright,CNA Corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) CNA Policy No. 7011451872 b. $1,800 maximum, in lieu of$600. Section III, Paragraphs B.4.c and B.4.d. are C. Loss of Use Expenses deleted and replaced by the following: c. Physical Damage Coverage on a covered Section III, Paragraph A.4.b. is revised, with "auto" also applies to "loss" to any respect to loss of use expenses incurred by permanently installed electronic equipment you, to provide: including its antennas and other a. $1,000 maximum, in lieu of$600. accessories. D. Hired "Autos" d. A $100 per occurrence deductible applies to The following is added to Section III. the coverage provided by this provision. Paragraph A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos, then Physical Damage coverage value"exclusion does not apply to: is extended to: a. Any covered "auto" of the private a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties related to the conduct of your business; your employee without a driver, under and a contract in that individual "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee" without a driver for a period of 30 days or less, under a contract in C. The most we will pay for any one that individual "employee's" name, with accident or loss Is the actual cash your permission, while performing value, cost of repair, cost of duties related to the conduct of your replacement or $75,000, whichever is business. less, minus a $500 deductible for each covered auto. No deductible applies to c. Such coverage as is provided by this "loss"caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to the accidental damage and not as a result physical damage coverage(s) provided of the failure to make repairs; faulty or our owned "autos." incomplete maintenance or repairs; or on y the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired "autos"will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is legally liable, and as a result of (2) 20% of the "auto's" actual cash which a monetary loss is sustained value (ACV). by the leasing or rental concern. Ill, Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by The following is added to Sections II and III: this provision will be subject to a limit of$750 per"accident." 1. Any "auto" you don't own, hire or borrow is a E. Airbag Coverage covered "auto"for Liability Coverage while being used by, and for Physical Damage Coverage The following is added to Section III, while in the care, custody or control of, any of Paragraph B.3.: your"executive officers,"except: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) CNA Policy No. 7011451872 b. An "auto" used by that "executive officer" The following is added to Section IV, while working in a business of selling, Paragraph A.5. Transfer Of Rights Of servicing, repairing or parking"autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Section IV, Paragraph B. 7.(5).(a). is revised to Paragraph A.2.b.: provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. CNA63359XX Copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission CNA Paramount CNAExcess i ly Policy Endorsement ,r„ r. , :✓ , , ,/, ,/ i. ,. i. r ,. / r,,, /r, / / rrr / / 1 J/ ✓/ a ii r r / r / � �� / 1 / � � f rrr- r This endorsement modifies insurance provided under the following: PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY It is understood and agreed that: 1. The section entitled WHO IS AN INSURED is amended as follows: a. Paragraph A. is deleted and replaced by the following: A. With respect to Coverage A - Excess Follow Form Liability: (1) Any person or organization that is a Named Insured under the provisions of underlying insurance shall be considered a Named Insured under Coverage A Excess Follow Form Liability; (2) Any person or organization included as an insured under the provisions of underlying insurance is an Insured under Coverage A - Excess Follow Form Liability; but only for the same coverage, except for limits of insurance, afforded under such underlying insurance. a. Paragraph B. is amended to add the following as Named Insureds under Coverage B - Umbrella Liability: Entities that are named insureds under the provisions of underlying insurance, but only while a Named Insured has management control over the entity during the policy period, subject to the following: (1) the coverage provided by this insurance to such an entity does not apply to: (a) bodily injury or property damage that occurred; or (b) personal and advertising injury caused by an incident first committed; before a Named Insured has management control or after a Named Insured ceases to have management control; and (1) no person or organization is a Named Insured: (a) with respect to the conduct of any current, past or newly formed partnership, limited liability company or joint venture that is not covered by this endorsement as a Named Insured; or (b) if the person or organization is excluded by another endorsement attached to this policy. For the purpose of this provision, management control means a Named Insured: • has more than 50% ownership interest in the entity, directly or indirectly; or • exercises management or financial control over the entity. a. Paragraph C. is deleted and replaced by the following: C. With respect to Coverage C - Crisis Event Management and Coverage D - Key Employee, any entity that qualifies as a Named Insured under Coverage A or Coverage B also qualifies as a Named Insured under Coverage C and Coverage D. Form No: CNA88301 XX (08-2017) Policy No:7011902797 Policy Effective Date: 06/30/2022 Endorsement No: 3; Page: 1 of 2 Policy Page: 49 of 50 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 0 Copyright CNA All Rights Reserved. CNA Paramount CMAExcess i ili Policy n ors e 2. The section entitled DEFINITIONS is amended to delete the definition of Named Insured and replace it with the following: Named Insured means the persons or organizations named as such in the Declarations, and any other organization qualifying as a Named Insured in the Section entitled WHO IS AN INSURED. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below, Form No:CNA88301 XX (08-2017) Policy No:7011902797 Policy Effective Date:06/30/2022 Endorsement No: 3; Page: 2 of 2 Policy Page: 50 of 50 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 I m Copyright CNA All Rights Reserved, CNA Paramount Excess and Umbrella Liability CNAPolicy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply; and vi. will not voluntarily make a payment, except at its own cost, assume any obligation, or incur any expense, other than for first aid, without the Insurer's prior consent. 3. Cooperation With respect to both Coverage A - Excess Follow Form Liability and Coverage B — Umbrella Liability, the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph O. Notice of Claims/Crisis Management Event/Covered Accident, and refuse, except solely at its own cost, to voluntarily, without the Insurer's approval, make any payment, admit liability, assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy, the limits of insurance specified in the Declarations of this Policy shall apply in excess of, and shall not contribute to a claim, incident or such event covered by such other insurance. With respect to Coverage A — Excess Follow Form Liability only, if: a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available; b. Underlying Insurance includes that person or entity as an additional insured; and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity; then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer's rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured, or chartered by or for a Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance, and any rights or duties specifically assigned in this Policy to the First Named Insured, this insurance applies: 1. as if each Named Insured were the only Named Insured; and 2. separately to each Insured against whom a claim is made. U. Transfeivof Interest Form No:CNA75504XX (03-2015) Policy No:7011902797 Policy Page: 21 of 32 Policy Effective Date:06/30/2022 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Policy Page: 32 of 50 - ®Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability CNAPolicy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer's reliance on the Named Insured's representations as to existing hazards, if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy, the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. is in effect or becomes effective during the policy period; and 2. was executed prior to loss. VII.DEFINITIONS For purposes of this Policy, words in bold face type, whether expressed in the singular or the plural, have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured's goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: A. notices that are published include material placed on the Internet or on similar electronic means of communication; and B. regarding web-sites, only that part of a web-site that is about the Named Insured's goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer's consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber, particle or dust, contained in or formed a part of a product, structure or other real or personal property, carried on clothing, inhaled or ingested, or transmitted by any other means. Authorized Insured means any executive officer, member of the Named Insured's risk management or in-house general counsel's office, or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means: A. a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, auto does not include mobile equipment. Bodily injury means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury, sickness or disease. Claim means a: A. suit; or Form No:CNA75504XX (03-2015) Policy No:7011902797 Policy Page: 22 of 32 Policy Effective Date:06/30/2022 Underwriting Company: The Continental Insurance Company, 333 S Wabash Ave, Chicago, IL 60604 Policy Page: 33 of 50 m Copyright CNA All Rights Reserved, _ _f�i "� ,` Issue Date: Mar 03, 2023 Limited Liability Company Unified Business ID#: 602254260 Business ID#: 001 Location: 0001 MACDONALD-MILLER FACILITY SOLUTIONS, LLC Expires: Jun 30, 2023 MACDONALD-MILLER FACILITY SOLUTIONS, INC. t _ STE 120 17930 INTERNATIONAL BLVD SEATTLE WA 98188 CITY ENDORSEMENTS: MOSES LAKE GENERAL BUSINESS - NON-RESIDENT#BL2022-0708 (EXPIRES 12/31/2023)-ACTIVE SEATAC GENERAL BUSINESS (EXPIRES 12/31/2023)-ACTIVE TENINO GENERAL BUSINESS - NON-RESIDENT-ACTIVE MERCER ISLAND GENERAL BUSINESS - NON-RESIDENT#30123 (EXPIRES 12/31/2023)-ACTIVE FEDERAL WAY GENERAL BUSINESS-NON-RESIDENT#03-100372-00-BL (EXPIRES 12/31/2023)-ACTIVE WENATCHEE GENERAL BUSINESS- NON-RESIDENT#150249 (EXPIRES 12/31/2023)-ACTIVE LYNNWOOD GENERAL BUSINESS - NON-RESIDENT#007678-01-2003 (EXPIRES 12/31/2023)-ACTIVE MOUNTLAKE TERRACE GENERAL BUSINESS - NON-RESIDENT#11517 (EXPIRES 12/31/2023)-ACTIVE ROY GENERAL BUSINESS - NON-RESIDENT#2398 (EXPIRES 12/31/2023)-ACTIVE YAKIMA GENERAL BUSINESS- NON-RESIDENT#BLS220832 (EXPIRES 12/31/2023)-ACTIVE UNION GAP GENERAL BUSINESS- NON-RESIDENT (EXPIRES 12/31/2023)-ACTIVE BURIEN GENERAL BUSINESS- NON-RESIDENT#03366 (EXPIRES 12/31/2023)-ACTIVE MILL CREEK GENERAL BUSINESS - NON-RESIDENT#1937 (EXPIRES 12/31/2023)-ACTIVE FERNDALE GENERAL BUSINESS- NON-RESIDENT#8002 (EXPIRES 12/31/2023)-ACTIVE LYMAN GENERAL BUSINESS- NON-RESIDENT-ACTIVE 1 OCEAN SHORES GENERAL BUSINESS- NON-RESIDENT#23576 (EXPIRES 12/31/2023)-ACTIVE RAINIER GENERAL BUSINESS - NON-RESIDENT#25/21 (EXPIRES 12/31/2023)-ACTIVE WESTPORT GENERAL BUSINESS-NON-RESIDENT#0014030-ACTIVE "hi n<u 'f ,-, i upiui .I . ruucn( I u- n - nii (h i ini1 n n I i � l lirn ,,,. i� rul� la lii uni f,it� ,r,nz to fll' wA 1nhi ol,hors 'tt .r. :i,u Hrai b,i_i •., .ill L uuhl:fcr.l u mIi,ur. rilfi.iil.i�i�ai..iL� 1''.: (iu_Inn sLit, ;.ciq,ii„ilif ci;; .^n�,(ic;n'. lt' I,,lrini - n I'. 'a , j STDATEOFVbi hII°IG UBI: 602254260 001 0001 Expires: Jun 30, 2023 MACDONALD-MILLER FACILITY UNEMPLOYMENT INSURANCE- SOLUTIONS,LLC ACTIVE MACDONALD-MILLER FACILITY INDUSTRIAL INSURANCE-ACTIVE SOLUTIONS,INC. MINOR WORK PERMIT(EXPIRES STE 120 12/31/2023)-ACTIVE 17930 INTERNATIONAL BLVD TAX REGISTRATION-ACTIVE SEATTLE WA 98188 FIFE GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2023)-ACTIVE KELSO GENERAL BUSINESS- NON-RESIDENT#A040550(EXPIRES 12/31/2023)-ACTIVE MOUNT VERNON GENERAL BUSINESS-NON-RESIDENT (EXPIRES 12/31/2023)-ACTIVE IMPORTANT! PLEASE READ THE FOLLOWING INFORMATION CAREFULLY BEFORE POSTING THIS LICENSE General Information Endorsements Post this Business License in a visible location at your All endorsements should be renewed by the expiration place of business. date that appears on the front of this license to avoid any late fees. If you were issued a Business License previously, destroy the old one and post this one in its place. If there is no expiration date, the endorsements remain active as long as you continue required reporting. Tax Login to My DOR at dor.wa.gov if you need to make Registration, Unemployment Insurance, and Industrial changes to your business name, location, mailing Insurance endorsements require you to submit periodic address, telephone number, or business ownership. reports. Each agency will send you the necessary reporting forms and instructions. Telephone: 360-705-6741 For assistance or to request this document in an alternate format,visit http://business.wa.gov/BLS or call(360)705-6741.Teletype(TTY)users may use the Washington Relay Service by calling 711. BLS-700-107(07/27/20) 5/18/23,9:26 AM Washington State Department of Revenue Business Illl ook'u License Information: NeW search Back to results Entity name: MACDONALD-MILLER FACILITY SOLUTIONS, LLC Business MACDONALD-MILLER FACILITY SOLUTIONS, INC name: EntityLimited Liability Company UBI #: 602-254-260 Business ID: 001 Location ID: 0004 Location: Active Location address: 15207 NE 95TH ST REDMOND WA 98052-2562 Mailing address: PO BOX 47983 SEATTLE WA 98146-7983 Excise tax and rller permit status: Click here Secretary of State status: Click ere Endorsements Endorsements held i,; IlI i ense ft C ount Details Status Expfiratioii, First issu« hftps://secure.dor.wa.gov/gteunauth/_/#3 1/3 5/18/23,9:26 AM Washington State Department of Revenue Endorsements I1held i 11 icense # Count IDetails Status Exphratioiii IFirst issua Redmond General RED18-OC Active Dec-31-21 Jan-02-2C Business Governing People May include governing people not registered with Secretary of State Governing people Iritle GEBHARDT, STEPHANIE W. MACDONALD-M I LLER HOLDINGS, INC. PERRY, REAGAN J. SIMONDS, DERRICK R. WEBSTER, MARK E. View Additional Locations The Business Lookup information is updated nightly. Search date and time: 5/18/2023 9:25:58 AM Contact us How are we doing? 1"Ae ouir suirvey! hftps://secure.dor.wa.gov/gteunauth//#3 2/3 RETURN TO: Mary Jaenicke EXT: 69o1 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Parks Department-Facilities 2. ORIGINATING STAFF PERSON: Jason H.Gerwen EXT: 6912 3. DATE REQ.BY. 4. TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION * CONTRACT AMENDMENT(AG#): 19-042 ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: HVAC Service Contract 6. NAME OF CONTRACTOR: MacDonald Miller ADDRESS: PO Box 47983;Seattle,WA 98146 TELEPHONE E-MAIL: FAX: SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 4/12/2017 COMPLETION DATE: 12/31/2024 9. TOTAL COMPENSATION$ Current-$206,800+Amendment-$289.673.10=$496,473.10 total Compensation (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:[--]YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES ONO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT:N/A ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED X PURCHASING: PLEASE CHARGE TO: CH: 505-1100-331-518-30480&FWCC: 111-7200-351-575-51-480 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED * PROJECT MANAGER JHG8/30/2021 ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) © LAW JE 912121 11. COUNCIL APPROVAL(IF APPLICABLE) COMMITTEE APPROVAL DATE: 9/14/2021 COUNCIL APPROVAL DATE: 9/2112021 1t�2� z,rf 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �I22!2-1 _ DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICIENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL 1 DATE SIGNED ❑ L .DEPARTMENT l GNATORY(MAYOR OR DIRECTOR) a'� ❑ CITY CLERK ❑ ASSIGNED AG# AG# 19-042A COMMENTS: If reviews cannot be completed in time for this item to make September Committee/Council agendas we will move to 10/12/2021 PRHSPS Committee and 10/19/2021 City Council. There are some prevailing wages considerations to make here with the amendment and exhibit language,Please see comments within documents.-JE 9/2/21 2/2017 ` CITY OF CITY HALL Fe d e ra I Way Feder 8m Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cifyoffecteralway.com AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR HVAC SERVICE This Amendment ("Amendment No. 1") is made between the City of Federal Way, a Washington municipal corporation("City"),and MacDonald-Miller Facility Solutions,Inc.,a Washington corporation("Contractor").The City and Contractor(together"Parties"), for valuable consideration and by mutual consent of the Parties, agree to amend the original Agreement for HVAC Service ("Agreement") dated effective April 12, 2019, as follows: 1. AMENDED TERM.The term of the Agreement,as referenced by Section 1 of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services,but in any event no later than December 31, 2024 ("Amended Term"). 2. AMENDED SERVICES. The Services, as described in Exhibit A and as referenced by Section 2 of the Agreement,shall be amended to include,in addition to the Services and terms required under the original Agreement and any prior amendments thereto, those additional services described in Exhibit A-1 attached hereto and incorporated by this reference ("Additional Services"). 3. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method of payment,as delineated in Exhibit B-1,attached hereto and incorporated by this reference.The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s)for the Amended Term.Except as otherwise provided in an attached Exhibit,the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto,not modified by this Amendment,shall remain in full force and effect.Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment.The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment,which is binding on the parties of this contract. [Signature page follows] AMENDMENT - 1 - 3/2017 [tT"r of CITY HALL A4%� Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www cityoffederaiway.com EXHIBIT A-1 ADDITIONAL SERVICES The Contractor shall do or provide the following in addition to Services in previous Exhibits: Cifli? Hall Buildin-. Filters (MERV 13)replaced 2 times a year on all air handlers and belts replaced as needed. Federal Way Community Center Filters (MERV 13)replaced 2 times per year on all related equipment and belts replaced as needed. AMENDMENT - 3 - 3/2017 ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253) 835-7000 www.cirVLlf eaeraiway.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: � Jim Feri•s Il, Mayon h nie Courtney, CMC, i Clerk L DATE: J -� r APPROVED AS TO FORM: el-9- - 0/--- P I � J. Ryan Call, City Attorney MACDONALD-MILLER FACILITY SOLUTIONS, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF n q ) On this day personally appeared before me Qe rn c S wMA G"� , to me known to be the CE o of Ma 0-a1,� -M�&r that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 2,2 day of Ue-Ce kvi b e r 2021. Notary's signature Notary's printed name V-c ",z- Notary Public in and f the State of Washington. My commission expires_ w►e, 12 ZOZS KATIE VIRGINIA JENNINGS Notary f'ubllc state of wash,rlgton Commission r 21019461 y Comm. Expires Jun 72, 2025 AMENDMENT -2 - 3/2017 ` CITY OF CITY HALL Federal Way 8m Avenue South Feder Federal Way,WA 98003-6325 (253) 835-7000 www.cifyoffederalway.com EXHIBIT B-1 ADDITIONAL COMPENSATION 1. Total Compensation: In return for the Additional Services, the City shall pay the Contractor an additional amount not to exceed Two Hundred Sixty-Three Thousand One Hundred and NO/100 Dollars ($263,100.00) and Washington State sales tax equal to Twenty-Six Thousand Five Hundred Seventy-Three and 10/100 Dollars ($26,573.10.00) for a total of Two Hundred Eighty-Nine Thousand Six Hundred Seventy-Three and 10/100 Dollars ($289,673.10.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed Four Hundred Ninety-Six Thousand Four Hundred Seventy-Three and 10/100 Dollars ($496,473.10). 2. Method of Compensation: Hourly Rate In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount calculated on the basis of the hourly labor charge rate schedule for Contractor's personnel as shown below: Method of Compensation: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty(30) days after receipt of such billing statement. Hourly rates not to exceed: • Extra repair hourly rate up to 8 hrs: $170 per hour • Extra repair hourly over 8 hrs: $255.00 per hour • Overtime Saturday rate: $255.00 per hour • Overtime Sunday rate: $340.00 per hour • Materials parts at wholesale plus 50% City Hall Comprehensive service rate at $35,800+ 3,615.00 tax= $39,415.80 yr. FWCC Comprehensive service rate at $31,900+ 3,221.90 tax= $35,121.90 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. AMENDMENT -4 - 3/2017 MACDFAC-01 GKU M AR DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/5/2021 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 NAME CT Hub International Northwest LLC aHCC,Nr o,Ext):(425)489-4500 n/4XC.No:(425)485-8489 PO Box 3018 E-MAIL Bothell,WA 98041 ApS?i[Syc:now.info@hubintemational.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:The Continental Insurance Company 35289 INSURED INSURERB:National Fire Insurance Company of Hartford20478 MacDonald-Miller Facility Solutions,LLC INSURER C:Continental Casualty Company 20443 P.O Box 47983 INSURER D: Seattle,WA 98146 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, INS ADDL�SU 1R' POLICYEFF POLICYEXP I TYPE OF INSURANCE .�nJ�S yyyp POLICY NUMBER (MNLPDIYYYYI !MMlDDIYYYV) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE � OCCUR X X 7011451869 12/31/2020 6/30/2022 pRRFF.MISFS(REoccurrence) $ 100,000 X Wa Stop Gap 15,000 MFD FXP(Any are person $ _ PERSONAL&ADV INJURY $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL.AGGRECATF — $ 4,000,000 POLICY 1 jECT X1 LOG PRODUCTS-COMP/OP AGG I$ 4,000,000 r-)l HER $ B cOMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY $ X ANY AUTO X X 7011451872 12/31/2020 6/30/2022 BODILYINJURv Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS QOD Y INJURY feer accident $ HIRED NON�O%N IJPD PROPERTY DAMAGE $ AUTOS ONLY ALIT[��,ONLY $ C X 1 UMBRELLA LIAB OCCUR EACH OCCURRENCE. $ 2,000,000 EXCESSLIAB CLAIMS-MADE 7011902797 12/31/2020 6/30/2022 AGGREGATE $ 2,000,000 _ DED I X RETENTION$ 01 $ _ A WORKERS COMPENSATION SPER I ITG X'OTRH- ANDEMPLOYERS'LIABILITY 011451869 12/31/2020 6/30/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE Y!NN FA EACH ACCIr1FNT $ _ OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) F I. nIFFARF-FA FMPI nYE $ 1,000,000 If yes,describe under 11000,000 I DESCRIPTION OF OPERATIONS below F I nIRPAFF_POI ICY I IMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Re:City of Federal Way HVAC Controls Upgrades,MMFS Job#76199135 City of Federal Way is included as an Additional Insured,coverage is primary and non-contributory and waiver of subrogation applies per the attached forms/endorsements. CERTIFICATE HOLDER, CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave South Federal Way,WA 98003 — AUTHORIZED REPRESENTATIVE y2a ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10-01 edition of CG2037; or B. additional insured coverage with"arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B.a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Page 1 of 2 Policy No: 7011451869 Endorsement No: Insured Name: MacDonald-Miller Facility Solutions, LLC Effective Date: 12/31/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. except as provided in Paragraph IV. of this endorsement, agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 4. tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph (4)does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. _ This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires cancurrent[y with said Policy. CNA75079XX(10-16) Page 2 of 2 Policy No: 7011451869 Endorsement No: Insured Name: MacDonald-Miller Facility Solutions, LLC Effective Date: 12/31/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOU T Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance 3. Bodily Injury—Expanded Definition 4. Broad Knowledge of Occurrence/Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability-Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury—Exception for Reasonable Force 11. General Aggregate Limits of Insurance—Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury—Discrimination or Humiliation g 21. Personal And Advertising Injury-Contractual Liability 22. Property Damage-Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation—Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX(1-15) o Icy o: 7011451869 Page 1 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage;or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement;or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A.through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured;or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX(1-15) Policy o: 7011451869 Page 2 of 17 Endorsement No: 3 Effective Date: 10/01/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage,or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. F. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of,or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures;or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX(1-15) Policy No: 7011451869 Page 3 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY—EXPANDED DEFINITION Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury,sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part;or CNA74705XX(1-15) O Icy o: 7011451869 Page 4 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office,Inc.,with its permission CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership, limited liability company or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation;or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ. 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k.and I.and replace them with the following: This insurance does not apply to: k. Damage to Your Product Property damage to your product arising out of it,or any part of it except when caused by or resulting from: (1) fire; (2) smoke; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not apply: (1) If the damaged work, or the work out of which the damage arises, was performed on the Named Insured's behalf by a subcontractor; or CNA74705XX(1-15) Policy No: 7011451869 Page 5 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit does not apply to property damage to your work if the damaged work, or the work out of which the damage arises,was performed on the Named Insured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7. CONTRACTUAL LIABILITY—RAILROADS With respect to operations performed within 50 feet of railroad property,the definition of insured contract is replaced by the following: Insured Contract means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; If. That part of any other contract or agreement pertaining to the Named Insured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph If.does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders,change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX(1-15) Policy o: 7011451869 Page 6 of 17 Endorsement No: 3 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Effective Date: 12/31/2020 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p.Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1)or(2)above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells,data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use sshall be deemed to occur at the time of the physical injury that caused it; 0 N b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at 0 the time of the occurrence that caused it;or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance, electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for CNA74705XX(1-15) Policy No: 7011451869 Page 7 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. 10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard;and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX(1-15) olicy o: 7011451869 Page 8 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose,and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period.All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act,error or omission. Medicare/Medicaid Fraud CNA74705XX(1-15) Policy No: 7011451869 Page 9 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: I. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident.All acts, errors or omissions that are logically connected by any common fact, circumstance, situation,transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and CNA74705XX(1-15) Po Icy o: 7011451869 Page 10 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs(a), (b), (c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED. D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and N c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company; and If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up) insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS. ® Please see that provision for the definition of consolidated(wrap-up) insurance program. 15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following: This insurance does not apply to: CNA74705XX(1-15) Policy No: 7011451869 Page 11 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named Insured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. Paragraph (2)of this exclusion does not apply if the premises are your work. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs(3)and (4)of this exclusion do not apply to property damage to: i. tools,or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named Insured's care, custody or control while being used in the Named Insured's operations away from any Named Insured's premises. However,the coverage granted by this exception to Paragraphs(3)and(4)does not apply to: a. property at a job site awaiting or during such property's installation,fabrication, or erection; b. property that is mobile equipment leased by an Insured; c. property that is an auto,aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions. A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX(1-15) Po Icy o: 7011451869 Page 12 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named Insured's care, custody or control, while being used in the Named Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or control; 16. LIQUOR LIABILITY s Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled a Exclusions is amended to delete the exclusion entitled Liquor Liability. 0 This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury sustained by any one person.The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX(1-15) Policy No: 7011451869 Page 13 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD—MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc„with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b)with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured;or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company)of the Named Insured. 2. add the following exclusions: CNA74705XX(1-15) Policy No: 7011451869 Page 14 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. i CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1.ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the a indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: 0 g So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE—ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX(1-15) Y POIIC NO: 7011451869 Page 15 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION -BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part;and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP,OR CONSOLIDATED(WRAP-UP)INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs(C.C.I.P.)is attached,then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor CNA74705XX(1-15) Policy No: 7011451869 Page 16 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However,when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and N expires concurrently with said Policy. 0 0 N CNA74705XX(1-15) o Icy o: 7011451869 Page 17 of 17 Endorsement No: 3 Effective Date: 12/31/2020 Insured Name:MACDONALD-MILLER FACILITY SOLUTIONS,LLC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA63359XX (Ed. 04/12) Policy No. 7011451872 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. LIABILITY COVERAGE on which the additional insured is a Named Insured. A. Who Is An Insured 4. An "employee"of yours is an "insured"while The following is added to Section II, Paragraph operating an "auto" hired or rented under a A.1.,Who Is An Insured: contract or agreement in that "employee's" 1. a. Any incorporated entity of which the name, with your permission, while Named Insured owns a majority of the performing duties related to the conduct of voting stock on the date of inception of your business. this Coverage Form; provided that, "Policy," as used in this provision A. Who Is An b. The insurance afforded by this provision Insured, includes those policies that were in A.1. does not apply to any such entity force on the inception date of this Coverage that is an "insured" under any other Form but: liability "policy" providing "auto" 1. Which are no longer in force; or coverage. 2. Whose limits have been exhausted. 2. Any organization you newly acquire or form, other than a limited liability company, B. Bail Bonds and Loss of Earnings partnership or joint venture, and over which Section II, Paragraphs A.2. (2) and A.2. (4) you maintain majority ownership interest. are revised as follows: The insurance afforded by this provision 1. In a.(2), the limit for the cost of bail bonds is A.2.: changed from$2,000 to$5,000; and a. Is effective on the acquisition or 2. In a.(4), the limit for the loss of earnings is formation date, and is afforded only until changed from$250 to$500 a day. the end of the policy period of this Coverage Form, or the next anniversary C. Fellow Employee of its inception date, whichever is Section II, Paragraph B.5 does not apply. earlier. b. Does not apply to: Such coverage as is afforded by this provision pp y C. is excess over any other collectible (1) "Bodily injury" or"property damage" insurance. caused by an "accident" that II. PHYSICAL DAMAGE COVERAGE occurred before you acquired or formed the organization; or A. Glass Breakage— Hitting A Bird Or Animal— (2) Any such organization that is an Falling Objects Or Missiles "insured" under any other liability The following is added to Section III, "policy" providing "auto"coverage. Paragraph A.3.: 3. Any person or organization that you are With respect to any covered "auto," any required by a written contract to name as an deductible shown in the Declarations will not additional insured is an "insured" but only apply to glass breakage if such glass is with respect to their legal liability for acts or repaired, in a manner acceptable to us, rather omissions of a person, who qualifies as an than replaced. "insured" under Section II — Who Is An B. Transportation Expenses Insured and for whom Liability Coverage is afforded under this policy. If required by Section III, Paragraph A.4.a. is revised, with written contract, this insurance will be respect to transportation expense incurred by primary and non-contributory to insurance you,to provide: a. $60 per day, in lieu of$20; subject to CNA63359XX Copyright,CNA corporation,2000. Page 1 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX CNA (Ed. 04/12) Policy No.7011451872 b. $1,800 maximum, in lieu of$600. Section III, Paragraphs B.4.c and B.4.d. are C. Loss of Use Expenses deleted and replaced by the following: Section III, Paragraph A.4.b. is revised, with c. Physical Damage Coverage on a covered respect to loss of use expenses incurred by "auto" also applies to "loss" to any you, to provide: permanently installed electronic equipment including its antennas and other a. $1,000 maximum, in lieu of$600. accessories. D. Hired "Autos" d. A$100 per occurrence deductible applies to The following is added to Section III. the coverage provided by this provision. Paragraph A.: G. Diminution In Value 5. Hired "Autos" The following is added to Section III, If Physical Damage coverage is provided under Paragraph B.6.: this policy, and such coverage does not extend Subject to the following, the "diminution in to Hired Autos, then Physical Damage coverage value"exclusion does not apply to: is extended to: a. Any covered "auto" of the private a. Any covered "auto"you lease, hire, rent passenger type you lease, hire, rent or or borrow without a driver; and borrow, without a driver for a period of b. Any covered "auto" hired or rented by 30 days or less, while performing duties related to the conduct of your business; your"employee" without a driver, under and a contract in that individual "employee's" name, with your b. Any covered "auto" of the private permission, while performing duties passenger type hired or rented by your related to the conduct of your business. "employee" without a driver for a period C. The most we will pay for any one of 30 days or less, under a contract in "accident" or "loss" is the actual cash that individual employees name, with value, cost of repair, cost of your permission, while performing duties related to the conduct of your replacement or $75,000, whichever is business. less, minus a $500 deductible for each covered auto. No deductible applies to c. Such coverage as is provided by this "loss"caused by fire or lightning. provision is limited to a "diminution in d. The physical damage coverage as is value" loss arising directly out of provided by this provision is equal to the accidental damage and not as a result physical damage coverage(s) provided of the failure to make repairs; faulty or our owned "autos." incomplete maintenance or repairs; or on y the installation of substandard parts. e. Such physical damage coverage for d. The most we will pay for "loss" to a hired autos will: covered "auto" in any one accident is (1) Include loss of use, provided it is the lesser of: the consequence of an "accident" (1) $5,000; or for which the Named Insured is legally liable, and as a result of (2) 20% of the "auto's" actual cash which a monetary loss is sustained value(ACV). by the leasing or rental concern. III. Drive Other Car Coverage—Executive Officers (2) Such coverage as is provided by The following is added to Sections II and III: this provision will be subject to a limit of$750 per"accident." 1. Any "auto" you don't own, hire or borrow is a E. Airbag Coverage covered "auto"for Liability Coverage while being used by, and for Physical Damage Coverage The following is added to Section III, while in the care, custody or control of, any of Paragraph B.3.: your"executive officers,"except: The accidental discharge of an airbag shall not a. An "auto" owned by that "executive officer" be considered mechanical breakdown. or a member of that person's household; or F. Electronic Equipment CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed. 04/12) CNA Policy No. 1011451872 b. An "auto" used by that "executive officer" The following is added to Section IV, while working in a business of selling, Paragraph A.5. Transfer Of Rights Of servicing, repairing or parking "autos." Recovery Against Others To Us: Such Liability and/or Physical Damage We waive any right of recovery we may have, Coverage as is afforded by this provision. because of payments we make for injury or (1) Equal to the greatest of those damage, against any person or organization for coverages afforded any covered "auto"; whom or which you are required by written and contract or agreement to obtain this waiver from us. (2) Excess over any other collectible This injury or damage must arise out of your insurance. activities under a contract with that person or 2. For purposes of this provision, "executive organization. officer" means a person holding any of the You must agree to that requirement prior to an officer positions created by your charter, "accident"or"loss." constitution, by-laws or any other similar governing document, and, while a resident of C. Concealment, Misrepresentation or Fraud the same household, includes that person's The following is added to Section IV, spouse. Paragraph B.2.: Such "executive officers" are "insureds" while Your failure to disclose all hazards existing on the using a covered "auto" described in this date of inception of this Coverage Form shall not provision. prejudice you with respect to the coverage afforded IV. BUSINESS AUTO CONDITIONS provided such failure or omission is not intentional. A. Duties In The Event Of Accident, Claim, Suit D. Other Insurance Or Loss The following is added to Section IV, The following is added to Section IV, Paragraph B.5.: Paragraph A.2.a.: Regardless of the provisions of Paragraphs 5.a. (4) Your "employees" may know of an and 5.d. above, the coverage provided by this "accident" or "loss." This will not mean policy shall be on a primary non-contributory that you have such knowledge, unless basis. This provision is applicable only when such "accident" or "loss" is known to required by a written contract. That written you or if you are not an individual, to contract must have been entered into prior to any of your executive officers or "Accident"or"Loss." partners or your insurance manager. E. Policy Period, Coverage Territory The following is added to Section IV, Paragraph A.2.b.: Section IV, Paragraph B. 7.(5).(a). is revised to provide: (6) Your "employees" may know of a. 45 days of coverage in lieu of 30 days. documents received concerning a claim or "suit." This will not mean that you V. DEFINITIONS have such knowledge, unless receipt of such documents is known to you or if Section V. Paragraph C. is deleted and replaced you are not an individual, to any of your by the following: executive officers or partners or your "Bodily injury" means bodily injury, sickness or insurance manager. disease sustained by a person, including mental B. Transfer Of Rights Of Recovery Against anguish, mental injury or death resulting from any of Others To Us these. CNA63359XX copyright,CNA Corporation,2000. Page 3 of 3 (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission BUSINESS LICENSL_ Issue Date:Apr 23,2021 Limited Liability Company Unified Business ID#: 602254260 Business ID#: 001 Location: 0001 MACDONALD-MILLER FACILITY SOLUTIONS, LLC Expires: Oct 31, 2021 MACDONALD-MILLER FACILITY SOLUTIONS, INC. 7717 DETROIT AVE SW SEATTLE,WA 98106-1903 CITY ENDORSEMENTS: RICHLAND GENERAL BUSINESS- NON-RESIDENT#F03(EXPIRES 12/31/2021)-ACTIVE RUSTON GENERAL BUSINESS-NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE SAMMAMISH GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE SPOKANE VALLEY GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE SUMNER GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE TUMWATER GENERAL BUSINESS- NON-RESIDENT#R-006268 (EXPIRES 12/31/2021)-ACTIVE UNIVERSITY PLACE GENERAL BUSINESS-NON-RESIDENT#L2982(EXPIRES 12/31/2021)-ACTIVE WASHOUGAL GENERAL BUSINESS-NON-RESIDENT#3044(EXPIRES 12/31/2021)-ACTIVE WOODINVILLE GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE VANCOUVER GENERAL BUSINESS-NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE EPHRATA GENERAL BUSINESS-NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE ORTING GENERAL BUSINESS- NON-RESIDENT#18055(EXPIRES 12/31/2021)-ACTIVE TUKWILA GENERAL BUSINESS-NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE MOSES LAKE GENERAL BUSINESS-NON-RESIDENT#BUS1989-00665 (EXPIRES 12/31/2021)-ACTIVE SEATAC GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE MERCER ISLAND GENERAL BUSINESS-NON-RESIDENT#30123 (EXPIRES 12/31/2021)-ACTIVE FEDERAL WAY GENERAL BUSINESS NONRESIDENT#03-100372-00-BL(EXPIRES 12/31/2021)-ACTIVE WENATCHEE GENERAL BUSINESS-NON-RESIDENT#150249 (EXPIRES 12/31/2021)-ACTIVE OTHELLO GENERAL BUSINESS NON-RESIDENT#9175 (EXPIRES 12/31/2021)-ACTIVE UBI: 602254260 001 0001 Expires: Oct 31, 2021 MACDONALD-MILLER FACILITY UNEMPLOYMENT INSURANCE- SOLUTIONS,LLC ACTIVE MACDONALD-MILLER FACILITY INDUSTRIAL INSURANCE-ACTIVE SOLUTIONS,INC. MINOR WORK PERMIT-ACTIVE 7717 DETROIT AVE SW TAX REGISTRATION-ACTIVE SEATTLE,WA 98106-1903 FIFE GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE KELSO GENERAL BUSINESS- NON-RESIDENT(EXPIRES 12/31/2021)-ACTIVE MOUNT VERNON GENERAL BUSINESS-NON-RESIDENT (EXPIRES 12131/2021)-ACTIVE /� F BATTLE GROUND GENERAL I 12/21/21, 1:24 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License information: New search Back to results Entity name: MACDONALD-MILLER FACILITY SOLUTIONS, LLC Business MACDONALD-MILLER FACILITY SOLUTIONS, INC name: Entity type: Limited Liability Company UBI #: 602-254-260 Business ID: 001 Location ID: 0004 Location: Active Location address: 15207 NE 95TH ST REDMOND WA 98052-2562 Mailing address: PO BOX 47983 SEATTLE WA 98146-7983 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held i License # Count Status Expiratioi First issua https:Hsecure.dor.wa.gov/gteunauth/—,/#3 1/3 12/21/21, 1:24 PM Washington State Department of Revenue Endorsements held a License # Count Details Expiratioi First issua Redmond General RED18-00 Active Dec-31-2i Jan-02-2C Business Governing People May include governing people not registered with Secretary of State Governing people GEBHARDT, STEPHANIE W, MACDONALD-MILLER HOLDINGS, INC. PERRY, REAGAN J. SIMONDS, DERRICK R. WEBSTER, MARK E. View Additional Locations The Business Lookup information is updated nightly. Search date and time: 12/21/2021 1:24:13 PM Contact us How are we doing? Take our survey! nnn't CPP +nihat vni i nvnartmrl? https://secure.dor.wa.gov/gteunauth/_/#3 2/3 RETURN TO: EXT. CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: ORIGINATING STAFF PERSON: ..., EXT: 1..`. + 3. DATE REQ. BY TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.Cx, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT [IS ALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT AINTENANCEA°SJREEM NI" Cl GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACTAMENDMENT (AG#): ❑ INTERLOCAL b OTHER . PROJECT NAME: NAME OF C:ON I°RA 'TO] ADDRESS: E-MAIL:_ SIGNATURE NAME: ovkb 5Ew L TELEPHONE _ FAX: TITLE .�.. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRQ)I CONTRACT/AMENDMENTS . S't zozi TERM: COMMENCEMENT DATE: lA _ . „ COMPLETION DATE: C'00 O�F EMPLOYEE ........... (INCLUDE EXPENSES AND SALES TAX IF ANY) boo flax TOTAL COMPENSATION $ -� L �oD (IF CALCULATED ON HOURLY LAII CHARGE ATTACH SCHEDULESS TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ _ PAID BY:B �ONTRACT IS SALES TAX OWED ;KES ❑ NO IF YES, -- —� '° ', OIL RE NTRAC OR ❑ CITY RETAINAGE: RETAINAGEAMOUNT: $ ❑RETAINAGE ) BOND PROVIDE LIJN"RAC.:T°" �1 505-�1o�•33t•5�ra-3�ACaII"MENT(S ❑ PURCHASING: PLEASE CHARGE TO: 11 l • 7U 0 -' l 5.15 - 51 •"AtO 0. DOCUMENT/CONTRACT REVIEW ,2'4ROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IFAPPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) 2. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATEREC'D:,_,�__.... ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL I DAT ' NED Li LAW EPA'RTMENT 0 r 1 x ATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED IN:ITI / I AFF ICE IEWEDN II"fA l TJAT APPI O EIJ' SCI Du ixo, Comminu, DATIrx3, 1 SCHEDULED CotJNCIL DATE, : COIvII amii APPROVAL DATE: COUNCIL APPROVAL DATE: AG# = DATE SENT: mini RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: Fke��15 ORIGINATING STAFF PERSON: =off--� / EXT: fd-t l 3. DATE REQ. BY: TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ WALL OR LIMITED PUBLIC WORKS CONTRACT ElY� PROFESSIONAL SERVICE AGREEMENT MAfNTENANCE AGREEMENT • GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL O OTHER . PROJECT NAME; NAME OF CONTRA TO] ADDRESS: O E-MAIL: SIGNATURE NAME: x ►. lv? "506utcM5 _TELEPHONE _ FAX: TITLE EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: U CBWI , kM% COMPLETION DATE: Aeri I '51 t ZOZ I TOTAL COMPENSATION $ ` I/ v 000 k ('t'IC6O o tax = ��'� � (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ) KES ❑ NO IF YES, $ (15 .0qb17d PAID BY:2ONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR RETAINAGE BOND PROVIDE 5o5-ttob,33t•5ira-3b.'�►'go -- �t 1t3a3o0' ❑ PURCHASING: PLEASE CHARGE TO: t t l • 1200.3,5 l • S'h . 51 • ",by — Ob 0. DOCUMENT/CONTRACT REVIEW �ROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1. COUNCIL APPROVAL (IF APPLICABLE) ►A INITIAL / DATE REVIEWED Z., '1''1- n CR 3 did.✓ SCHEDULED COMMITTEE DATE N1141 i SCHEDULED COUNCIL DATE: i c: INITIAL / DATE APPROVED COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: =�r< CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: �17`1 DATE REC'D:_ ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) ❑ LAW EPARTMENT 4oRTGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED ;OMMENTS: AG# L k �j - Q-tc DATE SENT: 4. 1fo . 1/961R CITY OF CITY HALL `► Federal Way 33325 8th Avenue South '�••�' y Fede53) ral Way, 0 OA 98003-6325 www Myoffederalway. corn MAINTENANCE AGREEMENT FOR HVAC SERVICE This Maintenance Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MacDonald -Miller Facility Solutions, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses which steal l be valid for any notice required under this Agreement: MACDONALD-MILLER FACILITY SOLUTIONS, INC.: Stephanie Gebhardt PO Box 47983 Seattle, WA 98146 (206) 767-7995 (telephone) The Parties agree as follows: CITY OF FEDERAL WAY: Steve Ikerd, Parks Deputy Director 33325 8th Ave. S. Federal Way, WA 98003-6325 (253) 835-6911 (telephone) Steve.ikerd@cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2021 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. In the event any part of the goods are repaired, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin immediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or MAINTENANCE AGREEMENT - 1 - 3/2017 CITY OF CITY HALL Federal Wa 33325 8th Avenue South y Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway corn delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Contract, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B," attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work has been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work does not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. if any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. MAINTENANCE AGREEMENT - 2 - 3/2017 CITY OF CITY HALL Federal Wa 33325 8th Avenue South y Fede53) ral Way, 0 OA 98003-6325 www crtyffederahvay. corn 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as MAINTENANCE AGREEMENT - 3 - 3/2017 CITY OF CITY HALL ...,�,'�... Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www.Wyoffederalway. corn respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be -required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall delivery all needed or contracted for work project upon demand. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards MAINTENANCE AGREEMENT - 4 - 3/2017 CITY of CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 �vww cityoffederahvay con) and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 10.4 Prevailing Wages. 10.4.1 Wages of Employees. This Agreement is subject to the minimum wage requirements of Chapter 39.12 of the Revised Code of Washington, as now existing or hereafter amended or supplemented. In the payment of hourly wages and fringe benefits to be paid to any of Contractor's laborers, workers and/or mechanics, Contractor shall not pay less than the "prevailing rate of wage" for an hour's work in the same trade or occupation in the locality within the State of Washington where such labor is performed, as determined by the Industrial Statistician of the Department of Labor and Industries of the State of Washington, which current "prevailing rates of wage" are attached hereto as Exhibit "D" and incorporated herein by this reference. Prevailing wages paid pursuant to this Agreement shall be the prevailing wage rates that are in effect on the date when the bids, proposals, or quotes were required to be submitted to the City. 10.4.2 Ag eements Exceeding One Year. Pursuant to WAC 296- l 27-023, or hereafter amended, the City agrees to pay any increase in the current prevailing wages if and when this Contract is extended provided that the term of the Contract exceeds one year. The City further agrees to pay the current prevailing wages at the time of additional yearly extensions, and the Contractor agrees to pay its employees the increased prevailing wage. 10.4.3 Exemptions to Prevailing Wage. The prevailing wage requirements of Chapter 39.12 RCW, and as required in this Agreement do not apply to: Sole owners and their spouses; any partner who owns at least 30% of a partnership; the President, Vice President and Treasurer of a corporation if each one owns at least 30% of the corporation. 10.4.4 Reporting Requirements. Contractor shall comply with all reporting requirements of the Department of Labor and Industries of the State of Washington. Upon the execution of this Agreement, Contractor shall complete and file a Statement of Intent to Pay Prevailing Wages with the Department of Labor and Industries. Upon completion of the Work, Contractor shall complete and file an Affidavit of Wages Paid with the Department of Labor and Industries. Contractor shall deliver copies of both the Statement of Intent to Pay Prevailing Wages and the Affidavit of Wages Paid, certified by the Department of Labor and Industries, to the City. 10.4.5 Disputes. In the event any dispute arises as to what are the prevailing rates of wages for work of a similar nature and such dispute cannot be resolved by the City and the Contractor, the matter shall be referred for arbitration to the Director of the Department of Labor and Industries of the State of Washington and the decision therein shall be final and conclusive and binding on all parties involved in the dispute. IL CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. MAINTENANCE AGREEMENT - 5 - 3/2017 CITY of CITY HALL Fe d e ra I Wa Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoKederahvay. corn 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW,-Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non-discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle MAINTENANCE AGREEMENT - 6 - 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way, WA 98003-6325 '' (253) 835-7000 www crryoffederal way corn any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] MAINTENANCE AGREEMENT - 7 - 3/2017 ` Fe d e ra I Way Feder CITY OF CITY HALL 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 vmv ciryoffederalmy corn IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: By: (2�z� J' e ell, Mayor DATE: 7 a' ATTEST: b6di4mv- " _.> SkjhAic Courtney, CMC, Cy Clerk APPROVED AS TO FORM: dr J. Ryan Call, City Attorney MACDONALD-MILLER FACILITIES SOLUTIONS, INC.: By: jEa�� W a V' urd,* PrintedName: Title: i V e5w�e r DATE: .3`1au�1q STATE OF WASHINGTON ) ) ss. COUNTY OF (Y) ) On this day personally appeared b fore me 1kk� to me known to be the C FU of 1 I �kJW that executed the foregoing instrument, and acknowledged the said instrument to be the free an8 voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this 'lW*' day of Much )2011. Notary's signature RP y�o'� Notary's printed name vyr� t t�1111Mt. z'e�'ti0 s Notary Public in and for the State of Washington. My commission expiresLP 1'L�41•�2U'L2_ O PUBLIC ti -Z' FOr MAINTENANCE AGREEMENT - 8 - 3/2017 CITY OF CITY HALL South Federal Way Feder l Avenue 8003 Federal Way. WA 98003-6325 (253) 635-7000 www.ciryoffederahmycorn EXHIBIT "A" SERVICES The Contractor shall do or provide the following: DEFINITIONS Owners; Park, Recreation & Cultural Services, City and/or City of Federal Wav and their authorized representatives shall be understood to mean one and the same. Contract Administrator shall be the City of Federal Way Parks Maintenance Divisions duly authorized representative. Approved means approved by the owner. Approved equal or equivalent, as hereinafter used, shall mean a material or method equal to or better than the required materials or methods. Specifications shall mean these specifications and all addenda thereto. I1. SCOPE OF SERVICES A. The Contractor will furnish all labor, tools, specialized equipment, materials, and disposal of waste material generated by the work, unless other arrangements have been made with the Contract Administrator or appointed designee. Contractor shall provide supervision and transportation to perform services work as specifically outline in the Scope of Services. B. Fieldwork shall be performed by or under the supervision of an experienced journeyman. Contractor and employees shall be trained and skilled to perform all related HVAC services in public settings. Laborers shall be licensed for all related functions. C. The Contractor must have a dedicated controls service division with a minimum of four Niagara AX, and N4 certified technicians. Must provide a list of three controls service contacts where you are currently providing controls service. Control Technicians must have experience with Siemens Talon, Honeywell Webs Tridium based front -ends and ability to service and program Siemens 4-loop controllers, Siemens VAV brick LON based controls, Honeywell SPYDER controllers, and JCI UCM proprietary based zone controllers. D. The Contractor will ensure that employees comply with all applicable City of Federal Way, Washington State and Federal standards, regulations and practices with respect to work performed. E. The Contractor's personnel will conduct themselves on site in a professional manner at all times. F. Each employee will wear or display the company's name and/or logo. Vehicles working on City sites will have company name and phone number displayed. MAINTENANCE AGREEMENT - 9 - 3/2017 4S AN Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www CFtyoffederalway, com G. The Contract Administrator or appointed designee will inspect work performed by the Contractor. In the event of work performance deficiencies, the Contract Administrator will notify the Contractor. Notification may be verbal or written. The City may choose to: Require the Contractor to rectify the deficiency within 48 hours, or hold payment. H. Equipment intensive work using such equipment as; pressure washers, blowers, lift trucks shall not commence before 7:OO a.m. and end by 8:00 p.m. on weekdays, (weekend work not allowed without prior approval). 1. Report any damage, or potential hazard, involving City property immediately to the City of Federal Way Parks Department, (253) 835-6960. After hours emergencies should be reported to the Police/Fire Communications Center - 911. J. Hazardous conditions shall be immediately remedied or secured to prevent further damage and/or protect public from injury. It is the Contractor's responsibility to provide close supervision of operations and management of the site. K. Incidents, altercations, or accident involving the public shall be reported to the Contract Administrator within 24 hours. The Contract Administrator, at his or her discretion, may require a written report from the Contractor describing the incident or accident. L. The Contractor, at his or her expense, will remedy in a timely manner any damage to public or private structures or plant material due to Contractor negligence. M. Contractor will coordinate with the Parks and Facilities Dept. when any repair services are to be performed. III. SPECIFICATIONS A. City Hall — see attached specifications, equipment list and minimum standards. B. Federal Way Community Center — see attached specs. equipment list and minimum standards. IV RESPONSE TIME A. Emergency response time not to exceed 8 hrs. following a City request. B. Service call response will be within 24 hrs. following a City request. MAINTENANCE AGREEMENT - 10 - 3/2017 CITY OF CITY HALL 4► Federal Way Feder 8th Avenue South �/ � Federal Way, WA 98003-6325 (253) 835-7000 tnvw ciryoffederaiway cam EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor a total amount not to exceed One Hundred Eighty- Eight Thousand and NO/100 Dollars ($188,000.00) and Washington State sales tax equal to Eighteen Thousand Eight Hundred and NO/100 Dollars ($18,800.00) for a total of Two Hundred Six Thousand Eight Hundred and NO/100 Dollars ($206,800.00). 2. Method of Compensation: Payment by the City for the services will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, which shall specifically set forth the services performed, the name of the person performing such services, and the hourly labor charge rate for such person. Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. Hourly rates not to exceed: • Extra repair hourly rate up to 8 hrs: $142 per hour • Extra repair hourly over 8 hrs: $213.00 per hour • Overtime Saturday rate: $213.00 per hour • Overtime Sunday rate: $284.00 per hour • Materials parts at wholesale plus 50% City Hall Comprehensive service rate at $31,000 + 3,100 tax = $34,100 yr. FWCC Comprehensive service rate at $25,000 + 2,500 tax = $27,500 yr. Unforeseen repairs or excluded parts and labor are extra, and charged at above hourly rates. MAINTENANCE AGREEMENT - I 1 - 3/2017 City of Federal Way HVAC Specifications: CITY HALL Standard service: Preventive maintenance program and repairs. 1. Bi-Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment and VAV boxes. (see attached equipment list for each facility) 2. Filters replaced 1 time per year on all related VAV equipment and belts replaced as needed. 3. Filters replaced 4 times a year on all air handlers and belts replaced as needed. 4. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 5. All motors 5 hp or larger, to be meg ohmed annually. 6. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contract manager. 7. Contractor must have ability to self perform; programming of Staefa Smart II Controllers using a Staefa Smart II Tool for City Hall. 8. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, VAV, MAU, AHU, CU, etc.) • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive • Pre-existing conditions • Overtime Labor CITY OF Federal Way Parks and Facilities Division Site: City Hall 33325 8th Ave S, Federal Way WA 98003 Equipment List unit #t ' ,aa IY�+ItulFausgrfnar IDaaron Me talsl 1t , Sertal r AC 1 ROOF FUJITSU CONDENSING UNIT 2 ASU24CL DDA025341 2011 208 washable 2 WITH COMPRESSOR AHU 1 1 ST FL TRAFFIC RM Carrier AIR HANDLER 12 40RE015610 3194V20334 1994 460 pleated 13 x 24 x 1 1 1008 1 24 x 24 x 1 2 AHU 2 1ST FL TRAFFIC RM Carrier AIR HANDLER 12 40RM024B511WD 24071-117830 1996 208 pleated 1 16 x 20 x 2 2 1016 16 x 17 x 2 8 AHU 3 2ND FLR IT ROOM FUJITSU AIR HANDLER 2 ASU24CL DDA025341 2011 208 washable 1 CRAC 1 1ST FLOOR DATA Data Aire COMPUTER ROOM AIR 10 DAAD 1034 96-1846-A 1996 460 pleated 20 x 25 x 4 3 ROOM CONDITIONER CRAC 2 DATA ROOM Data Aire COMPUTER ROOM AIR 10 DAAD 1034 96-1847-A 1996 460 pleated 20 x 25 x 4 3 CONDITIONER CU 1 GROUND LEVEL Carrier CONDENSER UNIT 12 38AKS014--610-- 4096F32688 1996 460 NA NA NA POLICE (W/COMPRESSOR) CU 1.A ROOF SOUTH Data Aire CONDENSER UNIT NA DARC 1134 96-1849A 1996 450 NA NA NA (W/O COMPRESSOR) CU 2 GROUND LEVEL Carrier CONDENSER UNIT 12 38AKS014--610-- 4096F32689 1996 450 NA NA NA POLICE (W/COMPRESSOR) CU 2.A ROOF SOUTH Data Aire CONDENSER UNIT NA DARC 1134 96-1848-A 1996 430 NA NA NA (W/O COMPRESSOR) EDH 1 2ND FLR LOBBY RM MARK ELECTRIC DUCT 15KW 3HF15 NA 1996 430 NA NA NA 2022 HEATER MUA 1 MEN'S LOCKER RM UNDERWRITER MAKE UP AIR UNIT 10 B-002975 NA 2000 460 pleated 16 x 20 x 1 1 1ST FLR LAB RTU 1 ROOF SOUTH Trane ROOFTOP UNIT 60 SXHLF7540D77A9D80010 C11BOO682 2011 460 pleated 16 x 20 x 2 35 RTU 2 ROOF NORTH Trane ROOFTOP UNIT 60 SXHLF7540OD77A9AD800 C11 B00683 2011 460 pleated 16 x 20 x 2 35 20 x 30 x 2 3 RTU 3 ROOF CENTER Trane HEAT PUMP 10 WSC120E4RGA08COD0002 111312805L 2011 460 pleated 20x25x2 3 RTU 4 ROOF CENTER Trane HEAT PUMP 4 WSC048A4RBA17D2B0000 409102229L 1996 460 pleated 20 x 25 x 2 2 CONTROLS PARKS/FACILITIES SIEMENS - CONTROL SYSTEM NA Honeywell 2011 NA NA NA NA DEPT IN CITY HALL STAEFA Routine Maintenance Tasks - V"'s throughout City Hall Site: City Hall 33325 8th Ave S. Federal Way, WA 98003 TO* Description Typical VAV 77 units throughout City Hall Typical VAV 77 units throughout City Hall Chod00 FALL (] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINT ( ] CHECK SEQUENCE OF OPERATION [ )CHECK DAMPER OPERATION ( ] INSPECT LINKAGE [ j CHECK ELECTRIC HEAT OPERATION [ ] CHECK HEAT TEMPERATURE RISE [ ] CHECK OPERATION [ ] CHECK VOLTAGE [ ] CHECK AMP DRAW ( ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE SPRING ] CHECK ELECTRICAL CONNECTIONS ] CHECK CONTACTOR POINT j CHECK SEQUENCE OF OPERATION j CHECK DAMPER OPERATION ] INSPECT LINKAGE j CHECK ELECTRIC HEAT OPERATION ] CHECK HEAT TEMPERATURE RISE j CHECK OPERATION ] CHECK VOLTAGE j CHECK AMP DRAW ] CHECK FOR ANY UNUSUAL VIBRATION OR NOISE ] CHANGE FILTERS Page 1 of 1 2/27/2019 Maintenance Tasks - CARRIER AIR HANDLERS Site: City Hall 33325 8th Ave. S. Federal Way, WA 98003 AHU 1 & 2 CAcARR�RIER AIR HANDLERS POLICE DEPT AHU 1 & 2 CARRIER AIR HANDLERS POLICE DEPT season clw Ashm Oft FALL [ ] CHECK BELTS [ J INSPECT CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ ] CHECK FOR UNUSUAL VIBRATION AND NOISE [ ] CHECK CONDITION OF COIL [ ] CHECK PULLEY WEAR [ ] LUBRICATE BLOWER MOTOR (PER MFG SPECS) [ ] LUBRICATE BLOWER BEARINGS (PER MFG SPECS) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK OPERATING CONTROLS [ ] CHECK DAMPER OPERATION ELECTRIC HEAT: (IF REQUIRED) [ ] CHECK AMP DRAW [ ] CHECK CONTACTOR POINTS [ ] CHECK TEMPERATURE RISE GAS HEAT: (IF REQUIRED) [ I CHECK TEMPERATURE RISE ( ] CHECK SEQUENCER OPERATION ( )CHECK FAN SWITCH [ ] VISUAL CHECK OF HEAT EXCHANGER AND VISUAL CHECK OF FLUE ( j CHECK PILOT SETTING [ ] CHECK MAIN LINE GAS PRESSURE [ ] CHECK MANIFOLD GAS PRESSURE [ ] CLEAN COMBUSTION BLOWER WHEEL (j OIL COMBUSTION BLOWER MOTOR j I CLEAN AND ADJUST IGNITOR ( ] CHECK VOLTAGE [ ] CHECK AMP DRAW [ ] CHANGE FILTERS SPRING [ I CHECK BELTS { ] INSPECT CONDENSATE PAN, PUMP, AND TRAP { J ADD PAN TABS { ] CHECK FOR UNUSUAL VIBRATION AND NOISE { ] CHECK CONDITION OF COIL [ J LUBRICATE BLOWER BEARINGS ( ] CHECK BLOWER WHEEL FOR DIRT ( ] CHECK AMP DRAW { J CHECK VOLTAGE j ] CHECK ELECTRICAL CONNECTIONS [ ] CHECK CONTACTOR POINTS [ J MEG OHM MOTOR (5 HP OR LARGER) FRESH AIR CYCLE (IF EQUIPPED) [ ] CHECK FRESH AIR SCREENS { ] LUBRICATE IF REQUIRED [ ] CHECK OPERATING CONTROLS (J CHECK DAMPER OPERATION [ ] CHECK MINIMUM POSITION [ ] CHECK RELIEF (IF EQUIPPED) [ J CHANGE FILTERS Page 1 of 1 2/27/2019 Site: Type DC1&2 DC1&2 Routine Maintenance Tasks - DATA AIR DRY COOLERS ON ROOF City Hall 33325 8th Ave S. Federal Way, WA 98003 Dngdpdm DATA AIR DRY COOLERS ON ROOF Seam ek80" D , FALL (] CHECK BELT (j CHECK PULLEY FOR WEAR ( ] CHECK FOR UNUSUAL VIBRATION AND NOISE ( J CHECK CONDENSER COIL CONDITION (J CHECK SUPPLY VOLTAGE ( ]CHECK FAN AMPS ( J CHECK FOR REFRIGERANT LEAKS (VISUAL) ( j CHECK OPERATION (J CHECK FAN OPERATION ( ] CHECK HEAD PRESSURE CONTROL DATA AIR DRY COOLERS ON ROOF SPRING ] CHECK BELT } CHECK PULLEY FOR WEAR ] CHECK FOR UNUSUAL VIBRATION AND NOISE j CHECK CONDENSER COIL CONDITION } CHECK SUPPLY VOLTAGE } CHECK FAN AMPS } CHECK FOR REFRIGERANT LEAKS (VISUAL) } CHECK OPERATION j CHECK FAN OPERATION J CHECK HEAD PRESSURE CONTROL ] CHECK CONDENSER FAN BLADE AND SUPPORTS j LUBRICATE BLOWER ] CHECK ELECTRICAL CONNECTIONS J CHECK CONTACTOR POINTS ] CHECK CONTACTOR POINT VOLTAGE DROP } MEG OHM MOTORS (5 HP OR LARGER) Page 1 of 1 2/27/2019 Maintenance Tasks - RTU units Site City Hall 33325 8th Ave S Federal Way WA 98003 v�r;�r RTU 1, 2 33 LARGE ROOFTOP UNITS ON ROOF FALL (J CHECK BELTS [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP ( ] ADD PAN TABS (] CHECK UNUSUAL VIBRATION/NOISE (] CHECK INDOOR/OUTDOOR COIL CONDITION ( ] CHECK SUPPLY VOLTAGE (j SUPPLY MOTOR AMPS [ } RETURN MOTOR AMPS [ ] CHECK INDOOR COIL TEMP.DROP DEG. F (] CHECK COMPRESSOR DISCH.TEMP ( ] CHECK ECONOMIZER OPERATION [ j CHECK RELIEF DAMPERS ( ] CHECK CONTROL SET POINTS j ] CHECK CRANKCASE HEATER j ] CHECK OIL LEVEL [ J CHECK LIQUID LINE SIGHT GLASS (J CCHECK MECHANICAL HECK FCOOLING OPERATION OR REFRIGERANT LEAKS (VISUAL) [ ] LUBE BLOWER BEARINGS (IF REQUIRED) (j CHECK ECONOMIZER CONTROL CALIBRATION (] CHECK PULLEY WEAR ( ] CHECK MINIMUM AIR SETTINGS (ECONOMIZER) (J CHECK ECONOMIZER DAMPERS AND LINKAGE FOR BINDING AND LUBE (] LUBRICATE INLET VANE PIVOT POINTS (] LUBRICATE PIVOT POINTS [ j CHECK FRESH AIR SCREENS AND CLEAN AS NEEDED ELECTRIC HEAT: (IF EQUIPPED) ( )CHECK AMP DRAW ( ] CHECK SEQUENCER OPERATION ( ) CHECK TEMPERATURE RISE DEG.F GAS HEAT: (IF EQUIPPED) ] CHECK TEMPERATURE RISE DEG F ( ] CHECK SEQUENCER OPERATION ( )CHECK FAN SWITCH [ ] VISUAL INSPECTION OF HEAT EXCHANGERS AND VISUAL CHECK OF FLUE ( ) CHECK PILOT SETTING "WC (j CHECK MAIN LINE GAS PRESSURE "WC (j CHECK MANIFOLD GAS PRESSURE "WC ( ] CLEAN COMBUSTION BLOWER WHEEL [ j OIL COMBUSTION BLOWER MOTOR (] CLEAN AND ADJUST IGNITOR EVAPORATIVE CONDENSER [ ] CHECK SUMP CONDITION (j CHECK SPRAY PUMP OPERATION (] DRAIN AND SECURE PUMP IF REQUIRED (J CHECK AUTO FILL VALVE OPERATION ( ] CHECK SUMP HEATER (] CHANGE FILTERS RTU 1, 2 &3 LARGE ROOFTOP UNITS ON ROOF SPRING (j CHECK BELTS [ J CHECK CONDENSATE PAN, PUMP, AND TRAP j ADD PAN TABS [ ] CHECK UNUSUAL VIBRATIONINOISE [ ] CHECK INDOOR/OUTDOOR COIL CONDITION (] CHECK SUPPLY VOLTAGE --- SUPPLY MOTOR AMPS [ ] RETURN MOTOR AMPS #t r r �UCry GrnAinRa7CO ", PATION Maintenance Tasks - DATA AIRE COMPUTER ROOM Site: City Hall, 33326 8th Ave S. Federal Way, WA 98003 1 & 2 DATA AIRE COMPUTER ROOM AC'S FALL (J CHECK PULLEY WEAR [ j CHECK BELTS [ J CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN,PUMP, AND TRAP ( ] ADD PAN TABS (J CHECK UNUSUAL VIBRATION / NOISE [ ] CHECK INDOOR / OUTDOOR COIL CONDITION ( ] CHECK SUPPLY VOLTAGE ( J CHECK MOTOR AMPS [ J CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER [ ).CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS [ ] CHECK MECHANICAL COOLING SEQUENCE OPERATION ( ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F. ( J CHECK COMPRESSOR DISCHARGE TEMPERATURE #1 #2 #3 [ ] -CHECK FOR REFRIGERANT LEAKS (VISUAL) ( ] CHECK WATER ECONOMIZER (IF EQUIP) ( ] CHECK ELECTRIC HEAT [ ] LUBE BLOWER BEARINGS (IF REQUIRED) [ ] CHECK CALIBRATION OF TEMPERATURE CONTROLS ( ] CHECK CALIBRATION OF ALARMS [ j CHECK ALARM AND SYSTEM CONTROL SET POINTS ( ] CHECK ALARM LIGHT [ ] CHECK CONTROL SEQUENCE - ALARMS ( ] CHECK HUMIDIFIER PAN AND OPERATION [ ] CHECK INFRARED BULBS ( j CHECK AUTO FLUSH ( ] CHECK DEHUMIDIFIER OPERATION [ ] CHECK FREEZE PROTECTION DEG. F. [ ] CHECK NITRITE LEVEL PPM [ ] ALTERNATE LEAD / LAG [ J CHANGE FILTERS CRAC 1 & 2 DATA AIRE COMPUTER ROOM AC'S SPRING [ ] CHECK BELTS [ ] CHECK PULLEY ALIGNMENT [ ] CHECK CONDENSATE PAN, PUMP, AND TRAP [ ] ADD PAN TABS [ j CHECK UNUSUAL VIBRATION / NOISE [ ] CHECK INDOOR / OUTDOOR COIL CONDITION ( J CHECK SUPPLY VOLTAGE , [ ] CHECK MOTOR AMPS [ ] CHECK CONTROL SET POINTS [ ] CHECK CRANKCASE HEATER ( ] CHECK OIL LEVEL [ ] CHECK LIQUID LINE SIGHT GLASS ( ] CHECK MECHANICAL COOLING SEQUENCE OPERATION j ] CHECK COMPRESSOR INDOOR COIL TEMPERATURE DROP DEG.F r 1 rucry nIQf7HAR(:F TFMPFRATURE City of Federal Way HVAC Specifications: FW COMMUNITY CENTER Standard service: Preventive maintenance program and repairs. 1. Bi-Annual inspections, maintenance and testing to be performed spring and fall of each year for all listed equipment. (see attached equipment list for each facility) 2. Filters replaced 4 times per year on all related equipment and belts replaced as needed. 3. Inspection check sheets to be used as minimum standards for each type equipment. (see attached typical check sheets) 4. All motors 5 hp or larger, to be meg ohmed annually. 5. All compressors to have oil samples taken annually and analyzed by qualified lab. Test results emailed to City of Federal Way, contract manager. 6. Contractor must have ability to self -perform; programming of Tridium Jace w/ JCI Field Controllers. 7. Contractor must have ability to self -perform, troubleshoot and repair existing equipment. Optional service: Comprehensive program to cover standard preventative maintenance items above, plus parts and labor for all items in the list of inclusions below: Inclusions: • Compressor • Refrigerant • Belts for the blower • Electrical switches and relays within the units • Motors and pump bearings • Blower shaft • Blower bearings • Blower • Fans • HVAC automation & control systems • Pumps • Repair of heat exchanger • Relays • Filters (all units including but not limited to; RTU, MAU, AHU, CU, etc.) • Cleaning of all covered equipment • Motors starters Exclusions for Comprehensive program: • Condensate pans • Air and water balance • Piping, hoses, valves and hangers • Ductwork and diffusers • Motor starter panels • Condenser/Evaporator coils • Replacement of heat exchanger • Metal casing around the unit • Lamp housing, casings and enclosures • Power and control wiring • Variable Frequency Drive • Pre-existing conditions • Overtime Labor CITV -OF Federal Way Parks and Facilities Division Site: Federal Way Community Center; 876 South 333rd Street, Federal Way WA 98003 Equipment List »alt t MaAa wearer Ifescriptio>a ~ Ton de Me"* S tl # � t, AC-13-1 ELEVATOR MITSUBISHI AIR HANDLER 1 MS-Al2WA 6001276 T 2006 115/1 washable n/a 1 ROOM (SPLIT SYSTEM) CU #1 ROOFTOP Above Weight MITSUBISHI REMOTE CONDENSING 1 MU-Al2WA 6001156 T 2006 11511 n/a n/a 0 UNIT (SPLIT SYSTEM) 0 ROOFTOP SPLIT SYSTEM / CU #2 TRANE REMOTE CONDENSING 10 TTA120B400EA 6133YJBAD 2006 460/3 n/a n/a 0 East UNIT MAU-R.1 ROOFTOP GREENHECK MAKE UP AIR UNIT 10 1GX-112-H22-DBC 10471111 2006 460/3 washable n/a 1 East AHU-R.1 ROOFTOP INNOVENT AIR HANDLER n/a E-RHXC-1DISP-19000-HWIFR- 205176-Rl 2006 460/3 Pleated Std. 16x25x2 32 West 1-C-R AHU-R.2 ROOFTOP INNOVENT AIR HANDLER n/a E-RHXC-1 D/SP-24000-HW/FR- 205176-R2 2006 460/3 Pleated Std. 16x25x2 40 East 1-C-R RTU-R.3 ROOFTOP TRANE PACKAGED UNIT n/a WFHB4004J745C49D1000A0 C06CO2337 2006 460/3 Pleated Std. 20x25x2 16 Gym roof (NO A/C) WEOOOKLONRT0080000 RTU-R.4 ROOFTOP TRANE PACKAGED UNIT 10 WFHB4004J745C49D1000A0 C06CO2335 2006 460l3 Pleated Std. 20x25x2 16 Gym roof (NO A/C) WEOOOKLONRT0080000 RTU-R.5 ROOFTOP TRANE PACKAGED UNIT 10 WFHB4004J745C49D1000A0 C06CO2336 2006 460/3 Pleated Std. 20x25x2 16 Gym roof (NO A/C) WEOOOKLONRT0080000 ROOFTOP Pleated Std. 20x2Ox2 2 RTU-R.6 Above weight TRANE GAS PACKAGED UNIT 12.5 YCD150D4HCBB 619101744D 2006 460/3 Pleated Std. 20x25x2 4 rog—M ROOFTOP Pleated Std. 20x2Ox2 4 RTU-R.7 Above fitness TRANE GAS PACKAGED UNIT 20 YCD240B4HCJB 619101762D 2006 460/3 Pleated Std. 20x25x2 4 room ROOFTOP RTU-R.8 East 2nd TRANE GAS PACKAGED UNIT 40 SFHFC404H745C59D6 C06CO2338 2006 460/3 Pleated Std. 20x25x2 16 Floor RTU-R-9 ROOFTOP TRANE INTELLIPAK GAS 70 SFHFC704H7 C06CO2339 2006 460/3 Pleated Std. 16x2Ox2 35 East PACKAGED UNIT ROOFTOP Pleated Std. 20x2Ox2 2 RTU-R.10 Above Weight TRANE GAS PACKAGED UNIT 15 YCH180B4LBHB 619101771 D 2006 460/3 Pleated Std. 20x25x2 4 R CONTROLS 1st Floor Honeywell Tridium Jace w/ JCI n/a WEBS-600 n/a n/a n/a n/a n/a n/a Field Controllers Site: Fuld Community Center 876 South 333rd Street Type Description Season Task RTU ROOF TOP UNIT FALL CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK INDOOR/OUTDOOR COIL CONDITION LURE BLOWER BEARINGS (1F REQUIRED) CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK ECONOM12ER DAMPERS AND LINKAGE FOR BINDING AND LURE LUBRICATE INLET VANE PIVOT POINTS CHECK RELIEF DAMPERS CHECK FRESH AIR SCREENS CHECK SUPPLY VOLTAGE CHECK CONTROL SET POINTS CHECK SUPPLY MOTOR AMPS--------- -- - ----- CHECK RETURN MOTORAMPS CHECK ECONOMIZER OPERATION CHECK MINIMUM AIR SETTINGS (ECONOMiZERI CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK COMPRESSOR DISCH TEMPERATURES CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS — ELECTRIC HEAT: (IF EQUIPPED) -- CHECK SEQUENCE OF OPERATION — GAS HEAT: (IF EQUIPPED) — VISUAL INSPECTION OF HEAT EXCHANGERS OF FLUE OIL COMBUSTION BLOWER MOTOR CLEAN AND ADJUST IGNITOR CHECK SEQUENCE OF OPERATION CHECK PILOT SETTING CHECK MAIN LINE GAS PRESSURE CHECK FAN SWITCH —EVAPORATIVE CONDENSER — CHECK SUMP CONDITION CHECK 5PRAY PUMP OPERATION DRAIN AND SECURE PUMP IF REQUIRED CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COIL TEMPOROP _ DEG F IF E. HEAT CHECK AMP DRAW Ll _ L2 _ L3 _ IF E HEAT CHECKTEMPERATURE RISE DEG F IF G. HEAT CHECK TEMPERATU RE RISE DEG F IF . HEAT CHECK MANIFOLD GAS PRESSURE In WC SPRING CHECK BELTS AND PULLYS CHECK CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK UNUSUAL VIBRATION/NOISE CHECK INDOOR/OUTDOOR COIL CONDITION CHECK SUPPLY VOLTAGE CHECK SUPPLY MOTOR AMPS CHECK RETURN MOTOR AMPS CHECK RELIEF DAMPERS CHECK CONTROL SET POINTS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK MECHANICAL COOLING SEQUENCE OPERATION CHECK OPERATING REFRIGERANT PRESSURES CHECK COMPRESSOR DISCHARGE TEMPERATURES CHECK COMPRESSOR SUPERHEAT_ CHECK SUB COOLING CHECK OPERATING CONTROLS PRESSURE SETTING CHECK FOR REFRIGERANT LEAKS (VISUAL) LUSE BLOWER BEARINGS (IF REQUIRED) LURE BLOWER MOTOR LURE DAMPER PIVOT POINTS LURE INLET VANE PIVOT POINTS CHECK EXPANSION VALVE SUPERHEAT AND BULB CHECK CAPACITY CONTROLS CHECK SAFETIES MEG/OHM MOTORS 10 HP OR LARGER COMP CHECK CONTACTOR POINTS CHECK BLOWER WHEEL FOR DIRT CHECK OUTDOOR FAN BLADES/SUPPORTS CHECK ELECTRICAL CONNECTIONS CHECK FRESH AIR INTAKE SCREENS CHECK CONDENSER FAN BLADE CONDITION CHECK CONDENSER FAN SEQUENCE AND OPERATION CHECK VFD,INL ETID15CHARGE VANE OPERATION CHECK HOT GAS BYPASS OPERATION — EVAPORATIVE CONDENSER — FItLSUMP IF REQUIRED CHECK SUMP CONDITION CHECK SPRAY PUMP OPERATION CHECK AUTO FILL VALVE OPERATION CHECK SUMP HEATER CHECK INDOOR COIL TEMP DROP _ DEG F Site: FW Community Center 876 South 333rd Street Type Description Season Task AHU AIR HANDLER FALL CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP, AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS(PER MFG SPECS) CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION -- ELECTRIC HEAT: (IF REQUIRED) -- CHECK HEATING SEQUENCE OPERATION CHECK CONTACTOR POINTS CHECK AMP DRAW CHECK TEMPERATURE RISE -- GAS HEAT: (IF REQUIRED) -- CHECK HEATING SEQUENCE OPERATION VISUAL INSPECTION OF HEAT EXCHANGERS AND FLUE CHECK COMBUSTION BLOWER OPERATION (CLEAN WHEEL IF NEEDED) CHECK COMBUSTION BLOWER OPERATION (IF EQUIPED) CHECK IGNITOR (CLEAN AND ADJUST IF NEEDED) CHECK MAIN LINE GAS PRESSURE (IF ACCESSIBLE) CHECK MANIFOLD GAS PRESSURE (ADJUST IF NEEDED) CHECK TEMPERATURE RISE F12 TVICI CHECK BELTS AND PULLEYS INSPECT CONDENSATE PAN, PUMP AND TRAP ADD PAN TABS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK CONDITION OF COIL LUBRICATE BLOWER BEARINGS CHECK BLOWER WHEEL FOR DIRT CHECK VOLTAGE CHECK AMP DRAW CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS MEG OHM MOTOR (10 HP OR LARGER) -- FRESH AIR CYCLE (IF EQUIPPED) -- CHECK FRESH AIR SCREENS LUBRICATE IF REQUIRED CHECK MINIMUM POSITION CHECK OPERATING CONTROLS CHECK DAMPER OPERATION Site: FW Community Center 876 South 333rd Street Type Description Season Task MUA MAKE UP AIR UNIT FALL CHECK BLOWER BELTS AND PULLYS LUBRICATE BLOWER MOTOR (PER MFG SPECS) LUBRICATE BLOWER BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10HP OR LARGER) CHECK ELECTRICAL CONNECTIONS CHECK CONTACTOR POINTS CHECK COMBUSTION BLOWFR WHFFI, ['I FAN IFRFfZIFIRFr) CLEAN BURNER ORIFICES INSPECT IGNITOR AND CHECK GAP CHECK TEMPERATURE CONTROL CHECK OPERATIONAL SEQUENCE CHECK AIR PROVING SWITCH CHECK DAMPER ACTUATOR INTERLOCKS CHECK MAIN LINE GAS PRESSURE CHECK PILOT GAS VALVE CHECK MODULATING GAS VALVE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK GAS MANIFOLD PRESSURE _ in.WC CHECK TEMPERATURE RISE DEG F CHECK VOLTAGE Ll L2 L3 SPRING CHECK BLOWER BELTS AND PULLYS CHECK OPERATIONAL SEQUENCE CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK VOLTAGE Ll _ L2 _ L3 _ CHECK AMP DRAW Ll _ L2 _ L3 _ Site; FW Community Center 876 South 333rd Street Type Description Season Task CONDENSOR UNIT CU (WJCOMPRESSOR) FALL CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SPECS) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK DISCHARGE TEMPERATURE _ CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATIONS CHECK FOR REFIGERANT LEAKS(VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION LUBRICATE MOTOR BEARINGS (PER MFG SUGG) INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS SPRING CHECK FOR UNUSUAL VIBRATION OR NOISE CHECK COIL CONDITION CHECK SUPPLY VOLTAGE CHECK MOTOR AMPS CHECK CRANKCASE HEATER CHECK OIL LEVEL CHECK LIQUID LINE SIGHT GLASS CHECK COOLING SEQUENCE OF OPERATION CHECK FOR REFRIGERANT LEAKS (VISUAL) CHECK HEAD PRESSURE CONTROL OPERATION CHECK CAPACITY CONTROL CHECK SAFETIES LUBRICATE MOTOR BEARINGS (PER MFG SPECS) MEG OHM MOTOR (10 HP OR LARGER) CHECK CONTROL POINTS INSPECT FAN BLADES AND SUPPORTS CHECK SAFETY OPERATION AND SETTING CHECK ELECTRICAL CONNECTIONS INSPECT CONTACTOR POINTS CHECK CONTACTOR POINT VOLTAGE DROP OIL TEST SEMI-HERMETICS CHECK DISCHARGE PRESSURE _ CHECK SUCTION PRESSURE _ CHECK SUB COOLING _ CHECK DISCHARGE TEMPERATURE _ CHECK COMPRESSOR SUCTION TEMPERATURE _ MACDFAC-01 TMO ACORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/vOmYY)4/2/2019 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 Hub International Northwest LLC P.O. Box 3018 Bothell, WA 98041 INSURED MacDonald -Miller Facility Solutions, Inc. P.O Box 47983 Seattle, WA 98146 lac"r o, Ext) (425) 489-4500 (NX No):(425) 485-8489 E-MAIL now info hubinternational.com ADDRESS: _- -. -- _ INSURER(S) AFFORDING COVERAGE iNSURERA:The Phoenix -Insurance Company INRI1RFR R . The Travelers Indemnity Company of America F: Travelers Property Casualty Company of America Berkley Assurance Company___ COVERAGES CERTIFICATE NUMRFR- REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR''. TYPE OF INSURANCEIADDLISUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILITY _ CLAIMS -MADE X� OCCUR X X DT-CO-3K790954-PHX-18 12/31/2018 2,000,000 EACH OCCURRENCE DAMAGE TO RENTED 300,000 12/31/2019 �_pREMISEs (Ea occurrences _ $ _-__ MED EXP (A $ , _ 5'000 ny one person) _ - - 2,000,000 PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ 41000,000 — PRODUCTS -COMP/OP AGG $ 4,000,000 --- GENLIMIT LIMIT APPLIES PER: POLICY JRef LOC OTHER: $ B _AUTOMOBILE ABILITY COMBINED SINGLE LIMIT I $ 2,000,000 O OWNED SCHEDULED AUTOS ONLY AUTOS RED pWN p AUTOS ONLY _. ARU ONLY X X DT-810-3K644256-IND-18 12131/2018 12/31/2019 pe�� BODILY TYU AMAGERY BODILY INJURY (Per accident) $ - -_ (Per accident _ _ ,;,_$ C X UMBRELLA LIAR X OCCUR EXCESS LIAR CLAIMS -MADE X X ICUP-31(811180-18-26 12/31/2018 'EACH OCCURRENCE _ _ $ 6,000,000 12/31/2019 AGGREGATE I $$ 5,000,000 $ DIED X RETENTION $ 10,000 C WORAND EMPLOYE EMPLOYERS'LIABILITY YIN' '�. ANY PROPRIETOR/PARTNER/EXECUTIVE �FFICER/rM n EXCLUDED? landatoty in NH) NIA UB-3K811099-18-26-G 12/31/2018' 12/31/2019 PER X ERH _STATUTE _ r E L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE! -_ $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 If es, describe under DESCRIPTION OF OPERATIONS below D 'PROF'/POLL IPCADB-5003267-1218 12/31/2018 12/31/2019 IOCC/AGG: 2,000,000 DESCRPTION OF OPERATIONS / LOCATIONS I VEHICLES ACORD 101, Additional Remarks Schedule may be attached It morespace is re wired) ADDITIONAL INSURED AS REQUIRED BY WRITTEN CONTRACT: CITY OF FEDERAL WAY, ITS OFFICERS, OFFICIALS, EMPLOYEES, VOLUNTEERS AND AGENTS. COVERAGE IS PRIMARY AND NON-CONTRIBUTORY. WAIVER OF SUBROGATION, AND PER PORJECT AGGREGATE APPLIES. SEE ATTACHED ENDORSEMENT(S). *NA TO ADDITIONAL INSURED CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way tY y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33325 8th Ave South Federal Way, WA 98003 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy 9DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to SECTION It — WHO IS ANINSURED: Any person or organization that: a. You agree in a "written contract requiring in- surance" to include as an additional insured on this Coverage Part, and b. Has not been added as an additional insured for the same project by attachment of an en- dorsement under this Coverage Part which includes such person or organization in the endorsement's schedule; is an insured, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury", and b. Only as described in Paragraph (1), (2) or (3) below, whichever applies: (1) If the 'Written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured — Owners, Lessees or Contractors — (Form B) endorsement CG 20 10 11 85, or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10 10 01, or the Additional In- sured — Owners, Lessees or Contrac- tors — Completed Operations en- dorsement CG 20 37 10 01; the person or organization is an additional insured only if the injury or damage arises out of "your work" to which the 'written contract requiring insurance" applies, (2) If the 'Written contract requiring insur- ance" specifically requires you to provide additional insured coverage to that per- son or organization by the use of: (a) The Additional Insured — Owners, Lessees or Contractors — Scheduled Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13, or both of such endorsements with either of those edition dates; or (b) Either or both of the following: the Additional Insured — Owners, Les- sees or Contractors — Scheduled Person Or Organization endorsement CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — Completed Operations endorsement CG 20 37, without an edition date of such endorsement specified, the person or organization is an additional insured only if the injury or damage is caused, in whole or in part, by acts or omissions of you or your subcontractor in the performance of "your work" to which the 'written contract requiring insurance" applies; or (3) If neither Paragraph (1) nor (2) above ap- plies: (a) The person or organization is an ad- ditional insured only if, and to the ex- tent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the perform- ance of "your work" to which the 'Writ- ten contract requiring insurance" ap- plies, and (b) The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organi- zation. Policy #DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY The insurance provided to the additional insured by this endorsement is limited as follows: a. If the Limits of Insurance of this Coverage Part shown in the Declarations exceed the minimum limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured will be limited to such minimum required limits of liability. For the purposes of determining whether this limitation applies, the minimum limits of liability required by the "written con- tract requiring insurance" will be considered to include the minimum limits of liability of any Umbrella or Excess liability coverage required for the additional insured by that 'Written con- tract requiring insurance". This endorsement will not increase the limits of insurance de- scribed in Section III — Limits Of Insurance. b. The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. c. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed opera- tions hazard" unless the "written contract re- quiring insurance" specifically requires you to provide such coverage for that additional in- sured during the policy period. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible other insurance, whether primary, ex- cess, contingent or on any other basis, that is available to the additional insured. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured under which that person or organization qualifies as a named insured, and we will not share with that other insurance. But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when that per- son or organization is an additional insured, or is any other insured that does not qualify as a named insured, under such other insurance. As a condition of coverage provided to the addi- tional insured by this endorsement: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and oth- erwise comply with all policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which cov- ers that person or organization as a named insured as described in Paragraph 3. above. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or or- CG DS 04 08 13 02013 The Travelers Indemnity Company. All rights reserved. Page 1 of 3 Page 2 of 3 0 2013 The Travelers Indemnity Company. All rights reserved. CG D6 04 08 13 Policy #DT-CO-3K790954-PHX-18 by any ordinance, law or building code to include as an additional insured on this Coverage Part is an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- jury" or "advertising injury" arising out of such op- erations. The insurance provided to such state or political subdivision does not apply to: a. Any "bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for that state or po- litical subdivision; or b. Any "bodily injury" or "property damage" in- cluded in the "products -completed operations hazard". J. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit, of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. The following provisions apply to Paragraph a. above, but only for the purposes of the in- surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. of Section II — Who Is An Insured: (1) Notice to us of such "occurrence" or of- fense must be given as soon as practica- ble only after the "occurrence" or offense is known by you (if you are an individual), any of your partners or members who is an individual (if you are a partnership or joint venture), any of your managers who is an individual (if you are a limited liability company), any of your "executive offi- cers" or directors (if you are an organiza- tion other than a partnership, joint venture or limited liability company) or any "em- ployee" authorized by you to give notice of an "occurrence" or offense. (2) If you are a partnership; joint venture or limited liability company, and none of your partners, joint venture members or man- agers are individuals, notice to us of such "occurrence" or offense must be given as soon as practicable only after the "occur- rence" or offense is known by: COMMERCIAL GENERAL LIABILITY (ii) A manager of any limited liability company; or (III) An executive officer or director of any other organization; that is your partner, joint venture member or manager; or (b) Any "employee" authorized by such partnership, joint venture, limited li- ability company or other organization to give notice of an "occurrence" or offense. (3) Notice to us of such "occurrence" or of an offense will be deemed to be given as soon as practicable if it is given in good faith as soon as practicable to your work- ers' compensation insurer. This applies only if you subsequently give notice to us of the "occurrence" or offense as soon as practicable after any of the persons de- scribed in Paragraphs e. (1) or (2) above discovers that the "occurrence" or offense may result in sums to which the insurance provided under this Coverage Part may apply. However, if this Coverage Part includes an en- dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution costs arising out of a discharge, release or es- cape of "pollutants" which contains a requirement that the discharge, release or escape of "pollut- ants" must be reported to us within a specific number of days after its abrupt commencement, this Paragraph e. does not affect that require- ment. K. UNINTENTIONAL OMISSION The following is added to Paragraph 6., Repre- sentations, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not preju- dice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance laws or regulations. L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (i) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 0 2011 The Travelers Indemnity Company. All rights reserved. Policy #DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- ment to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organiza- tion, but only for payments we make because of: a. "Bodily injury" or "property damage" that oc- curs; or b. "Personal injury" or "advertising injury" caused by an offense that is committed; subsequent to the execution of that contract or agreement. M. AMENDED BODILY INJURY DEFINITION The following replaces the definition of "bodily injury" in the DEFINITIONS Section: 3. "Bodily injury" means bodily injury, mental anguish, mental injury, shock, fright, disability, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. N. CONTRACTUAL LIABILITY — RAILROADS 1. The following replaces Paragraph c. of the definition of "insured contract" in the DEFINI- TIONS Section: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" in the DEFINITIONS Section is de- leted. CG D3 16 11 11 © 2011 The Travelers Indemnity Company. All rights reserved. Policy #DT-CO-3K790954-PHX-18 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-CO-3K790954-PHX-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROVISIONS A. The following replaces SECTION III — LIMITS OF damage" included in the "products - TOTAL AGGREGATE LIMIT OTHER THAN PROJECTS INSURANCE: completed operations hazard". In - 1. a. The Limits of Insurance shown in the stead, the Products -Completed Op - AND DESIGNATED PROJECT AND LOCATION Schedule above and the rules below fix erations Aggregate Limit shown in the AGGREGATE LIMITS the most we will pay regardless of the Schedule above and described in 3. below to damages. number of: applies such p (1) Insureds; (4) The Designated Project Aggregate Limit does not apply to damages This endorsement modes insurance provided under the following: p g: (2) Claims made or "suits" brought; rat der Coverage B. Instead, the General COMMERCIAL GENERAL LIABILITY COVERAGE PART (3) Persons or organizations making Aggregate Limit shown in the Sched- claims or bringing "suits"; or ule above and described in 2. below SCHEDULE (4) Designated "projects" or "locations" applies to such damages. The Limits of Insurance shown in the Declarations are replaced by the following: shown in the Schedule above. (5) Any payments made for damages or b. The Total Aggregate Limit shown in the medical expenses to which the Des - LIMITS OF INSURANCE Schedule above is the most we will pay ignated Project Aggregate Limit ap- for the sum of all amounts under the Des- plies shall reduce the Designated Total Aggregate Limit $ 20000000 ignated Location Aggregate Limit and all Project Aggregate Limit for that des - (Other Than Projects and Products -Completed Operations) amounts under the General Aggregate ignated project". Such payments shall not reduce the Total Aggregate Designated Location Aggregate Limit $ 4000000 Limit. This includes: (1) Damages under Coverage A, except Limit shown in the Schedule above, the General Aggregate Limit shown in (Other Than Products -Completed Operations) damages because of "bodily injury" or the Schedule above and described in Designated Project Aggregate Limit $ 4000000 "property damage" included in the 2. below, the Designated Project Ag- (Other Than Products -Completed Operations) products -completed operations haz- gregate Limit for any other designat- ard"; ed "project" shown in the Schedule General Aggregate Limit $ 4000000 (2) Damages under Coverage B; and above or the Designated Location (Other Than Products -Completed Operations) (3) Medical expenses under Coverage C. Aggregate Limit shown in the Sched- Products -Completed Operations Aggregate Limit $ 4000000 c. A Designated Project Aggregate Limit is ule above. d. Subject to the Total Aggregate Limit Personal and AdvertisingInjury Limit f 2000000 1 ry provided and h also shown in the Scheg- ule above. The Designated Project Ag- shown in the Schedule above and de- Each Occurrence gregate Limit is subject to all of the follow- scribed in b. above, a Designated Loca- Limit $ 2000000 ing provisions: tion Aggregate Limit is provided and is al- so shown in the Schedule above. The Damage To Premises Rented to You Limit $ 300000 (1.) The Designated Project Aggregate Designated Location Aggregate Limit is Any One Premises Limit is the most we will pay for the subject to all of the following provisions: Medical Expense Limit $ 5000 sum of: (1) The Designated Location Aggregate Any One Person (a) Damages under Coverage A be- Limit is the most we will pay for the Designated Projects: EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH cause of "bodily injury" and "property damage" caused by sum of: - IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL "occurrences"; and (a) Damages under Coverage A be - AGGREGATE LIMIT, PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY cause of "bodily injury" and YOU BEFORE THE "BODILY INJURY• OR -PROPERTY DAMAGE- OCCURS. (b) Medical expenses under Cover- "property damage" caused by age C for "bodily injury" caused "occurrences"; and by accidents; (b) Medical expenses under Cover - which can be attributed only to opera- age C for "bodily injury" caused tions at a single designated "project" by accidents; shown in the Schedule above. which can be attributed only to opera - Designated Locations: (2) The Designated Project Aggregate tions at a single designated "location" Limit applies separately to each des- shown in the Schedule above. ignated "project". (2) The Designated Location Aggregate (3) The Designated Project Aggregate Limit applies separately to each des - Limit does not apply to damages be- ignated "location". cause of "bodily injury" or "property CG D4 69 07 14 0 2014 The Travelers, Indemnity Company. All rights reserved. - Page 1 of 4 Page 2 Of 4 0 2014 The Travelers. Indemnity Company. All rights reserved. CG D4 69 07 14 ao M Q LU Z LLI U m LLI O U F yO pOl0y0005 m C fA T C >. 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EQa E"Jo mJyy �,� oZ.T m.,c«8m y aac O G T W? mFEy-��vau °mmE°mt °allo dro�.Eam mUa'ENt0 �Nm tN Op d Ccm t` Ea U NUsT p> 0 9ctu a`NmTN�CaCLmQ � dWc�°do2 «° �?oEmm moo o- �uamc� 0rnm0EJ`Ju�Qmmo 'aL.aV LQmmo�mc¢ ¢ p �La rnmm ym «> j�Ca tOVi a O m m aE ai $ E E QE E E �UooO¢ OuramEinUCtm o¢EmomH) tmmna m Oo$ 24 n ind'-'U' � m n0 m F 0 ai a Policy #DT-810-3K644256-IND-18 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE - CONTRACTORS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 1. The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: This includes any person or organization who you are required under a written contract or agreement, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to name as an additional insured for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent of that person's or organization's liability for the conduct of another "insured". 2. The following is added to Paragraph B.5., Other Insurance of SECTION IV — BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this insurance is primary to and non-contributory with applicable other insurance under which an additional insured person or organization is a named insured when a written contract or agreement with you, that is signed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, requires this insurance to be primary and non- contributory. CA T4 99 0216 © 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy #DT-810-3K644256-IND-18 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE —INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE — GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. B. BROAD FORM NAMED INSURED The following is added to Paragraph A. I., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COW ERED AUTOS LIABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 2. The following replaces Paragraph b. in 8.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, . rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your Policy #DT-810-3K644256-IND-18 COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs- E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION 11— COVERED AUTOS LIABIL- ITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph (5) in Para- graph B.7., Policy Period, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDI- TIONS: (5) Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Cov- ered Autos Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (1) You must arrange to defend the "in- sured" against, and investigate or set- tle any such claim or "suit" and keep us advised of all proceedings and ac- tions. (II) Neither you nor any other involved "insured" will make any settlement without our consent. (iiii) We may, at our discretion, participate in defending the "insured" against, or in the settlement of, any claim or "suit". (iv) We will reimburse the "insured" for sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "in- sured" pays with our consent, but only up to the limit described in Para- graph C., Limits Of Insurance, of SECTION II — COVERED AUTOS LIABILITY COVERAGE. (v) We will reimburse the "insured" for the reasonable expenses incurred with our consent for your investiga- tion of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit described in Para- graph C., Limits Of Insurance, of SECTION 11 — COVERED AUTOS LIABILITY COVERAGE, and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (b) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess, contingent or on any other basis. (c) This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. CA T3 53 02 15 ® 2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 4 Page 2 of 4 ® 2015 The Travelers Indemnity Company. 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