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2016/24 Kone, Inc - Elevator MaintenancePurchaser ("Purchaser"): City of La Quinta 78495. Calle Tampico LA Quintet, CA 92253 Dedicated to People Row'' nice Location (Premises"): ». ". Museum 77-885 Calle Montezuma City Hall ' 78-495 Calle Tampico KONE Inc. ("KONE..) Cypress District Office 11165 Knott Ave. Suite A Cypress CA. 90630 KONE 24/7 Service #877-276-8691 Local Office Phone 714-890-7080 KONE Care TM Plus Agreement for Vertical Transportation ("Agreement") Steve Howlett (Print Name) Facilities Department Title June 2, 2016 Date Manufacturer kydrau4 NONE LAN submitted, se. kir KONE Inrr? Date EQUIPMENT DESCRIPTION Egr demo'_') crectii las TENDER DATE: 0511212016 See page of PI for phone monitoring agreement billed in addition to Mwth;v rate puofsc b0wr P,es oral WOi, Pardo KONE At to Novde Phone maniroungaflenr elo.alq hones. This PholV in wale precis SYL00 purr noble. aeon 1i200pper annual niefellinent, This will 6 added to base pro ficlow. PRICE $317.00 per month payable by Purchaser annually in advance ($3,804.DU per annual installment). If Purchaser does not sign this Agreement within 90 days after the tender date above, KONE reserves the right o submit a revised price. The price is based upon annual in advance payment. In the event Purchaser chooses one of the following payment options by initialing the selection below, a surcharge will apply as City of La Quinta Rev 1010/15115 red Traction tts Eh Traction i Escalator Poworwalk lWt_ I EFFECTIVE DATE: 0710112016 Nate: The i d insurance documents, OCP. policy in lieu of Named-d it Dual Cunitinsts of h'r KnYra tit Renneq(Srbrogation) Nid Primary and N an the Citymust be rucutoti ischin 10 days of execution of tot convey: and before hone performs any o o'k on City property. If the rood d documents are nott„cved, the contract will be voided. Nutmeat rnt4rtOption neat i n oncepaymaR utetty in adaal ant itNy in'addean( CONFIDENTIAL 02009-2010 KONE Inc. 3% ncrease 323,3g prim 2304 per 32N 328.51 p r o2 329. 960 per Acceptance Page i fit1 T-0001373042 SCOPE OF SERVICES KONE will perform maintenance visits to examine, maintain, adjust, and lubricate the components listed below. In addition, unless specifically excluded below, KONE will repair or replace the components listed below if the repair or replacement is, in KONE's sole judgment, necessitated by normal wear and tear. Unless specifically included elsewhere in this Agreement or unless Purchaser has separately contracted with KONE for the work, all other work related to the equipment is Purchaser's responsibility. HYDRAULIC ELEVATORS RELAY LOGIC CONTROL SYSTEM All control system components. MICROPROCESSOR CONTROL SYSTEM All control system components. System performance examinations will be conducted to ensure that dispatching and motion control systems are operating properly. POWER UNIT Pump, motor, valves, and all related parts and accessories. HYDRAULIC SYSTEM ACCESSORIES Exposed piping, fittings accessories between the pumping unit and the jack, jack packing, hydraulic fluid, and any heating or cooling elements installed by the original equipment manufacturer ("OEM") for controlling fluid temperature. CAR EQUIPMENT All elevator control system components on the car. WIRING All elevator control wiring and all power wiring from the elevator equipment input terminals to the motor. HOISTWAY AND PIT EQUIPMENT All elevator control equipment and buffers. RAILS AND GUIDES Guide rails, guide shoe gibs, and rollers. DOOR EQUIPMENT Automatic door operators, hoistway and car door hangers, hoistway and car door contacts, door protective devices, hoistway door interlocks, door gibs, and auxiliary door closing devices. MANUAL FREIGHT DOOR EQUIPMENT Switches, retiring cams, interlocks, guide shoes, sheaves, rollers, chains, sprockets, tensioning devices, and counter- balancing equipment. POWER FREIGHT DOOR EQUIPMENT City of La Quinta Rev 10 10/15/15 Controller, relays, contactors, rectifiers, timers, resistors, solid state components, door motors, retiring cams, interlocks, switches, guide shoes, sheaves, rollers, chains, sprockets, and tensioning devices. SIGNALS AND ACCESSORIES Car operating panels, hall push button stations, hall lanterns, emergency lighting, car and hall position indicators, car operating panels, fireman's service equipment and all other signals, and accessory facilities furnished and installed as an integral part of the elevator equipment. Re-lamping of signal fixtures is included only during KONE's maintenance visits. Service requests for re- lamping of signal fixtures will be billed separately at KONE's then current labor rates. HOURS OF SERVICE All services described above will be performed during the regular working hours of the regular working days of the elevator or escalator trade in the location where the services are performed, unless otherwise specified in the Agreement. SERVICE REQUESTS (CALLBACKS) In addition to the work described in the Scope of Services section, this Agreement covers requests for service during the regular working hours of the regular working days of the elevator trade. Service requests are defined as services that require immediate attention and that are within the scope of services and not excluded from the scope of services as provided below. Service requests outside the scope of services will be billed separately at KONE's then current labor rates and material prices plus mileage and incidentals. Any rates and lump sum amounts are not subject to audit. Service requests that require more than one technician or more than two hours to complete will be treated as a repair and scheduled in accordance with the Hours of Service section above. Purchaser agrees that KONE may perform service requests made by any person that KONE believes is authorized by Purchaser to make such requests. If Purchaser requests service on overtime, Purchaser will be charged only for the difference between KONE's hourly billing rate and KONE's hourly overtime billing rate for each overtime hour. TESTS KONE will perform the following tests on the Equipment. KONE is not liable for any property damage or personal injury, including death, resulting from any test. HYDRAULIC ELEVATOR A pressure relief test and a yearly leakage test as required by applicable code. The Firefighter's Service Test (necessary records) as required by applicable code. CONFIDENTIAL © 2009-2010 KONE Inc. Page 2 of 11 REPORTING SERVICES KONE may provide Purchaser with access to KONE's online reporting tool. Based on the Purchaser's user access, Purchaser can view information about the performance and service of the Equipment. KONE may provide Purchaser with automatic email notifications that provide information on work performed. EXCLUSIONS The following are excluded from the scope of services. GENERAL KONE is not obligated to: perform safety tests other than those specified herein; perform any work required by new or retroactive code changes; perform tests required or correct outstanding violations or deficiencies identified prior to the effective date; removal of water or excessive debris from the pit; make replacements or repairs necessitated by fluctuations in the building power systems, adverse machine room or environmental conditions (including without limitation temperature variations below 50 degrees or above 90 degrees Fahrenheit) or humidity greater than 95% relative humidity, prior water exposure, rust, fire, explosion, acts of God, misuse, vandalism, theft, acts or mandates of government, labor disputes, strikes, lockouts, or tampering with the equipment by any person other than a KONE representative, negligence or acts or omissions of the Purchaser or any third party, or any other cause beyond KONE's control. KONE agrees to maintain the existing performance as designed and installed. KONE is not required under this Agreement to make changes in operation and/or control, subsequent to the date of this Agreement. Notwithstanding anything contained to the contrary in this Agreement, KONE's scope of services shall not include any abatement or disturbance of asbestos containing material (ACM) or presumed asbestos containing materials (PACM). Any work in a regulated area as defined by Section 1910 or 1926 of the Federal OSHA regulations is excluded from KONE's scope of services without an applicable proposal to reflect the additional costs and time. In accordance with OSHA requirements, Purchaser shall inform KONE and its employees who will perform services in areas which contain ACM and/ or PACM of the presence and location of ACM and/or PACM in such areas which may be contacted during the performance of services before entering the area. Other than as expressly disclosed in writing, Purchaser warrants that the areas where KONE will perform its services at all times meet applicable OSHA permissible exposure limits (PELs). KONE shall have the right to discontinue its services in any location where suspected ACM or PACM is encountered or disturbed. Any asbestos removal or abatement, or delays caused by such, required in order for City of La Quinta Rev 10 10/15/15 KONE to perform its services shall be Purchaser's sole responsibility and expense. After any removal or abatement, Purchaser shall provide documentation that the asbestos has been abated from the areas where KONE will perform its services and air clearance reports shall be made available upon request prior to the start of KONE's services. Nothing contained within this agreement shall be construed or interpreted as requiring KONE to assume the status of an owner, operator, generator, storer, transporter, treater or disposal facility as those terms appear within RCRA or any Federal or State statute or regulation governing the generation, transportation, treatment, storage and disposal of pollutants. Purchaser shall be responsible to execute all waste manifests necessary to transport hazardous materials for disposal. OBSOLESCENCE A component may become obsolete during the term of this Agreement. Obsolete components are not covered under this Agreement. KONE will provide Purchaser with a separate quotation for the price to replace obsolete components. Equipment modifications necessary to accommodate replacement of obsolete components are at the Purchaser's expense. Components include without limitation any part, component, assembly, product, or firmware or software module. A component is obsolete when it can no longer be economically produced due to the cessation of consistent sources for materials, a loss or termination of a manufacturing process occurs, product reliability analysis shows that it is not economically feasible to continue to produce the component, escalation of component costs beyond acceptable industry expectations drive alternative equipment upgrades, the support of product safety programs or conformance to codes or standards mandates that use of a component be discontinued in its entirety, the OEM designates the component as obsolete, or such component has been installed 20 or more years. No exception to the above will be made for a component designated as obsolete because it can be custom made or acquired at any price. KONE will not be required to furnish reconditioned or used components. After the component that replaces the obsolete component is installed, that component is covered under this Agreement unless it becomes obsolete. ELEVATOR Refinishing, repairing, replacing, or cleaning of the: car enclosure; gates or door panels; door pull straps; hoistway enclosure; rail alignment; hoistway doors; door frames; sills; hoistway gates; flooring; power feeders, switches, and their wiring and fusing; car light diffusers; ceiling assemblies and attachments; smoke or heat sensors; fans; fireman's phone devices; intercoms; telephones or communication devices; phone lines; music systems; media displays; card -readers or other security systems; computer monitoring systems; light tubes and bulbs; pit pumps; emergency power generators; hydraulic cylinder; unexposed piping; or disposal or clean-up of waste oil CONFIDENTIAL © 2009-2010 KONE Inc. Page 3 of 11 or contamination caused by leaks in the hydraulic cylinder or unexposed piping. KONE is not be obligated to perform or keep records of firefighter's service testing, unless specifically included in this Agreement. REMOTE MONITORING If the Equipment is equipped with remote monitoring capabilities, Purchaser gives KONE the right to utilize this functionality and the phone line to the Equipment to collect data related to the use and operation of the Equipment. SAFETY Purchaser will provide a safe workplace for KONE personnel and safe access to the equipment, property and machine room areas and keep all machine rooms and pit areas free from water, stored materials and debris; remove and dispose of any hazardous materials, water or waste according to applicable laws and regulations; post any and all instructions and warnings related to the use of the equipment. Purchaser will be solely responsible for proper use, for supervising the use of the equipment, and for taking such steps including but not limited to providing attendant personnel, warning signs and other controls necessary to ensure the safety of the user or safe operation of the equipment. Notwithstanding anything to the contrary in this Agreement, if in KONE's sole judgment the equipment presents a safety hazard to the riding public or KONE's technicians (including but not limited to Purchaser's act of creating or allowing unsafe practices or conditions or Purchaser's failure to authorize necessary repairs or upgrades), KONE may immediately terminate this Agreement in its entirety upon written notice. To the extent that KONE provides Purchaser with any oral or written account, report, information, or other statement identifying a safety issue with the equipment that is the subject of the Agreement or otherwise makes any recommendation or proposal to make a safety improvement or to address a safety issue related to such equipment, and Purchaser does not immediately approve KONE's proposal or recommendation, Purchaser agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Purchaser's failure to comply with KONE's recommendations and proposals, and any obligation on the part of KONE to indemnify or defend Purchaser with regard to such claim shall be null and void. NOTICE OF MALFUNCTION OR INJURY As to any elevator or escalator equipment that is the subject of the Agreement, Purchaser will: (i) immediately shut down any such equipment that presents a potential safety hazard; and (ii) provide prompt verbal notice to KONE's Service Center of such hazard. Purchaser will immediately notify KONE's Service Center of any injury or accident in or about such equipment, followed by prompt written notice of such injury or accident. Any City of La Quinta Rev 10 10/15/15 indemnity of Purchaser provided by KONE under the Agreement becomes null and void and will not be considered in interpreting the Agreement if Purchaser does not take the action or provide the notice required by this provision. THIRD PARTY SERVICES All services within the scope of this Agreement must be performed by KONE or its subcontractors, if any. If Purchaser causes or permits a third party to perform the same or substantially the same services required by this Agreement, Purchaser waives all claims against KONE arising from or related to a third party's performance of such services. If Purchaser determines that it requires any services outside the scope of this Agreement, Purchaser will provide KONE with an opportunity to provide a quotation for such services or to meet any offer from a third party. If KONE agrees to meet a third party offer, Purchaser will enter into a separate contract with KONE for such services. If Purchaser elects to have a third party perform the services, KONE reserves the right to adjust the price of this Agreement. If a third party works on the equipment during the term of this Agreement, KONE reserves the right to inspect the equipment and may determine that re -work, different or additional work is required. Purchaser will reimburse KONE for the cost the inspection and any additional work required. If Purchaser declines to have KONE perform the additional work, KONE reserves the right to cancel the Agreement upon written notice to Purchaser. NON-KONE EQUIPMENT If the equipment covered under this Agreement was not manufactured by KONE (or a company acquired by KONE), Purchaser will: (i) provide KONE with a complete set of as -built wiring diagrams, (ii) Purchaser will procure and pay for replacement parts or proprietary diagnostic devices from the OEM, if requested by KONE, and (iii) provide Maintenance Control Plan (MCP) test procedures as required by current code, as that code may be changed or amended from time to time. KONE will reimburse Purchaser for the actual cost paid by Purchaser for OEM parts acquired at KONE's request. KONE is not responsible for any delays, damages, cost, or claims arising from or in connection with Purchaser's failure to provide OEM parts or proprietary diagnostic devices in a timely manner. Purchaser authorizes KONE to produce single copies of the EPROM and/or ROM chips for each unit for the sole purpose of an archive backup of the embedded software to allow for replacement of a defective or damaged chip. These will be stored on the building premises and the Purchaser retains possession. CONFIDENTIAL © 2009-2010 KONE Inc. Page 4 of 11 TERM AND TERMINATION This Agreement will commence on the effective date and continue for an initial period ofONE (1) year. This Agreement will thereafter automatically renew for successive terms ofONE (1) year. Either party may terminate this Agreement at the end of the initialONE (1) yearterm or at the end of any subsequentONE (1) yearterm by giving the other party no less than ninety (90) days nor more than one hundred twenty (120) days written notice, via certified mail, prior to the expiration date of the then current term of the Agreement. If a party materially breaches the Agreement, the other party may provide written notice of the breach and a reasonable time under the circumstances to cure the breach, but in no event less than a thirty (30) days cure period. If the breaching party fails to cure the breach within the specified time period, the non - breaching party may terminate the Agreement upon fifteen (15) days written notice to the other party. CANCELLATION If Purchaser cancels or otherwise terminates the Agreement in any way inconsistent with the termination provisions of the Agreement, such cancellation will constitute a material breach of the Agreement. In such case, Purchaser will pay as a cancellation fee an amount equal to fifty percent (50%) of the balance of the total price owed for the remaining term of the Agreement. Notwithstanding anything to the contrary in the Agreement, the cancellation fee will be paid by Purchaser immediately upon receipt of KONE's invoice. Purchaser will reimburse KONE for all costs of collection, including without limitation court costs and reasonable attorneys' fees. ASSIGNMENT Either party may assign the Agreement to a third party upon thirty (30) days prior written notice to the other party subject to the terms of this provision. If Purchaser transfers ownership of the premises on which such equipment is located to a third party, Purchaser will promptly provide KONE with new owner's contact information and take all such actions as are necessary to assign the Agreement to the third party. Purchaser will promptly provide KONE with a copy of such assignment. PRICE ADJUSTMENTS If the term of the Agreement exceeds one (1) year, KONE may automatically adjust the price annually effective on the first maintenance invoice in each new calendar year. This adjustment will be equal to the percentage increase or decrease in KONE's straight time hourly labor cost. KONE's straight time hourly labor cost equals the sum of the straight time hourly rate plus the cost of fringe benefits and applicable taxes, including without limitation welfare, pension, vacation, paid holidays, insurance and other union contributions, paid to personnel where the Equipment is located. KONE reserves the right to add annual City of La Quinta Rev 10 10/15/15 surcharges to the price of the Agreement, including without limitation, adjustments for the then current price of fuel and charges for disposal or other environmental requirements, such surcharges to be specified by KONE in its sole discretion and invoiced by KONE and paid annually by Purchaser. PAYMENT TERMS Payment is due net thirty (30) days from the date of the invoice. A charge of the greater of: (i) one and one half percent (11/2%); or (ii) the maximum rate permitted by applicable law, will be applied to the unpaid balance. Purchaser will reimburse KONE for all costs of collection, including without limitation court costs and reasonable attorneys' fees. SUSPENSION OF SERVICE If Purchaser fails to pay any invoice within the specified payment terms or if Purchaser breaches any material provision of the Agreement, KONE may stop work or suspend its services under this Agreement and/or other contracts with the Purchaser until all invoices are current or Purchaser cures the breach. Any requests for service during the period of suspension of service or repairs necessitated by the lack of maintenance service will be invoiced by KONE and paid separately by Purchaser. If Purchaser fails to make timely payment, any indemnity provided by KONE under the Agreement is null and void as to any damages that arise during the period of non-payment. Purchaser waives all claims against KONE arising from or related to suspension of service pursuant to this provision. TAXES Purchaser is responsible for the payment of all federal, state, or local taxes applicable to the services or materials provided under the Agreement. INDEMNIFICATION To the extent permitted by law, each party will indemnify, defend, and hold the other party harmless from and against any and all claims, demands, actions, suits, proceedings, judgments, damages, loss, liabilities, costs, or expenses, including without limitation court costs and reasonable attorney's fees, arising from or related to the indemnifying party's sole negligence or willful misconduct in performance of the Agreement. Each party is responsible for its share of any comparative or contributory negligence without indemnity by the other party. Each party's indemnity obligations are expressly conditioned on the indemnified party: (i) giving the indemnifying party prompt written notice of each claim; (ii) promptly tendering to the indemnifying party the defense or settlement of each claim; and (iii) cooperating with the indemnifying party at the indemnified party's CONFIDENTIAL © 2009-2010 KONE Inc. Page 5of11 expense in defending or settling each claim. If an indemnified party does not comply strictly with the terms of this provision, the indemnifying party's indemnity obligations will become null and void and will not be considered in interpreting the Agreement. LIMITATION OF LIABILITY Notwithstanding anything to the contrary in this Agreement, KONE's total liability to Purchaser under the Agreement is limited to $1,000,000.00. In no event will either party be liable to the other party for indirect, incidental, consequential, special, exemplary, or punitive damages of any kind or nature arising from or related to performance of the Agreement, including without limitation loss of profits, loss or inaccuracy of data, or loss of use damages, even if the party has been advised of the possibility of such damages and even if under applicable law such damages would not be considered for indirect, incidental, punitive, special, or consequential damages. Each party hereby waives its rights to such damages to the fullest extent permitted by applicable law. If there is any litigation between the parties with respect to this Agreement or the subject matter hereof, the prevailing party in such litigation shall be entitled to collect all of its costs and expenses in such litigation, including reasonable attorney's fees and court costs, from the other party. KONE will provide Purchaser with a copy of its standard certificate of insurance. Any waiver of claims, damages, or other rights, whether such rights arise under the Agreement or by law or in equity, purported to be made by KONE in the Agreement is null and void and will not be considered in interpreting the Agreement. U.S. GOVERNMENT SALES If the product(s) or service(s) provided under this Agreement are for end use by a federal, state or local government customer, KONE makes no representations, certifications or warranties whatsoever with respect to the ability of its product(s), service(s) or price(s) to satisfy any applicable federal, state or local statutes or regulations, including without limitation the Federal Acquisition Regulation ("FAR"). FORCE MAJEURE A party is not liable for failure to perform its obligations under the Agreement if such failure results from Acts of God, fire, flood, unusual delay in deliveries, unavoidable casualties, terrorist activities, government sanction, blockage, embargo, labor dispute, strike, or lockout, concealed conditions, shortage or unavailability of materials, supplies, labor, equipment or systems, interruption or failure of electricity or telephone service or any other causes beyond KONE's control. The non -performing party must promptly notify the other party in writing of the force City of La Quinta Rev 10 10/15/15 majeure event and resume performance immediately upon cessation of the event. VENUE The exclusive venue for any dispute between the parties shall be in the County and State of the Premises as set forth on Page 1. PROPERTY RIGHTS KONE will provide Purchaser with any information or materials that it provides generally to all its customers in the ordinary course of its business. Any tools, devices, or other equipment that KONE uses to perform its services or monitor the Equipment remains the sole property of KONE. If this Agreement terminates or expires for any reason, Purchaser will give KONE access to the premises to remove such equipment at KONE's expense. KONE retains all rights, title, and interest, including all intellectual property rights, in and to the written materials it provides to Purchaser or uses to perform its services, including without limitation shop drawings, technical documentation, and user manuals, and to any software provided with the equipment. Purchaser will not use such software except in connection with the use and operation of the Equipment. Purchaser will not reverse engineer or otherwise attempt to obtain the source code of any software in object code form. MISCELLANEOUS The Agreement, including any attachments, supersedes all prior written or oral negotiations, commitments, agreements, and understandings between the parties relating to the subject thereof, and constitutes the entire agreement between the parties with respect to the subject matter hereof. The Agreement is not effective until signed by KONE's authorized representative or until KONE commences work under the Agreement. Notwithstanding anything to the contrary in this Agreement, if Purchaser causes or permits KONE to commence performance of services, Purchaser accepts the terms and conditions of this Agreement. The Agreement may not be modified, amended, canceled, or altered by custom and usage of trade or course of dealing. Any section headings are for convenience only and will not in any way limit the scope or affect the interpretation of any provision of the Agreement. In the event any part of the Agreement is determined to be invalid or non -enforceable, the remaining part or provisions will continue in full force and effect. Failure or delay by a party to exercise any right, remedy, power, or privilege accorded by the Agreement does not constitute a waiver of such right, remedy, power, or privilege. A waiver is effective only if in writing and signed by the waiving party. A written waiver of default will not operate as a waiver of any other default or of the same default in the future. The terms and conditions of the Agreement that by their sense and context are intended to survive expiration or termination of the Agreement CONFIDENTIAL © 2009-2010 KONE Inc. Page 6 of 11 will so survive, including without limitation the making of all payments hereunder. City of La Quinta Page 7 of 11 Rev 10 10/15/15 CONFIDENTIAL © 2009-2010 KONE Inc. KONE Care Remote Monitoring Service Voice Link and Wireless Phone Service Option KONE will provide KONE Care Phone Monitoring Service. Customer shall: • Provide names and phone numbers of at least two of its representatives for the KONE Service Center to contact on a 24 hour basis, and at least one police, fire or local 911 agency phone number. • Notify KONE immediately in writing of any changes in these names or numbers. In the event of a call from the elevator, the KONE Service Center will contact the points of contact in the order listed. The local authorities will be contacted if the previously mentioned points of contact cannot be reached. If KONE wireless phone service is provided, then KONE provides the phone connection via a KONE provided wireless service and customer shall provide the ability to reactivate the analog phone line in the event KONE can no longer provide wireless service. Customer shall also provide KONE access to the appropriate location where the building telecommunications devices are located. KONE also reserves the right to remove the wireless hardware in the event KONE no longer provides the wireless service or maintains the equipment. If KONE does not provide wireless phone service, customer shall provide an analog phone line to the elevator machine room (to be terminated to the appropriate phone jacks). If phone line is an extension off an existing phone system, a backup power source must also be provided. An extension, if applicable, must be a direct inward dial (DID) extension. All phones and associated equipment shall be in compliance with the requirements of ASME A17.1, local codes and applicable law, as amended. Customer shall also provide the elevator phone number(s) and/or extension(s) for the phone(s) being programmed. Activation Fee: No Charge Service Fees: Purchaser will also pay a service fee of $240.00 per annual installment. The Service Fee is based upon annual in advance payment. In the event Purchaser chooses an alternate payment option on page 1, additional surcharge will apply. Elevator Description Equipment Elevator Phone # and Extension for Caller ID 1. 2. City of La Quinta Rev 10 10/15/15 CONFIDENTIAL © 2009-2010 KONE Inc. Page 8 of 11 First Point of Contact (Required) Name: Title: Phone #: Cell Phone #: Second Point of Contact (Required) Name: Title: Phone #: Cell Phone #: Third Point of Contact (Optional) Name: Title: Phone #: Cell Phone #: Local Emergency Authorities (Required) Fire Department Phone #: Police Department Phone #: If Purchaser wishes to include KONE Care Phone Monitoring and/or Wireless Phone Services in the Agreement, Purchaser will accept by initialing below. Accepted City of La Quinta Page 9 of 11 Rev 10 10/15/15 CONFIDENTIAL © 2009-2010 KONE Inc. Attachment A Additional Terms and Conditions The parties hereby agree to be bound to the terms contained in the Agreement, together with those terms contained in this Attachment A. In the event of conflict between terms contained in the Agreement and terms contained in this Attachment A, the terms in this Attachment A shall supersede and prevail. Service visits are scheduled for 4 times (Quarterly) cycles per year. Travel time for overtime call outs shall not exceed 2 hours chargeable. Travel time for regular time service call outs are not billable Fire service recall testing will be performed during normal service visits. Standard billing rates are discounted 25% Maximum yearly increase is 4% per year. Union Holiday schedules; New Years Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Day after Thanksgiving, Christmas Day. Normal working hours covered are Monday thru Friday (non -holiday) 8:00 am to 4:30 pm. Calls placed after 1:00 PM (regular business hours) may be handled as overtime call for same day service due to travel time. Any holiday as noted above or Saturday/Sunday calls are considered overtime in which cost rate is determined in accordance with page 2 of 8 SERVICE REQUESTS. Saturday calls are time +.7 rate. Sunday calls double time. Miss -use, nuisance and vandalism calls are not covered as a normal maintenance failure and will be invoiced at full rate. KONE does not name additional insured on its standard insurance certificate. If named additional insured is required, KONE will provide OCPL policy in lieu of additional insured requirement in which client is the named policy holder. Standard billing rates are discounted 25% City of La Quinta Page 10 of 11 Rev 10 10/15/15 CONFIDENTIAL © 2009-2010 KONE Inc. CUSTOMER INFORMATION Who is the Agreement with? Legal Name of the Company: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Is the Owner tax exempt? ❑ Yes (If Yes, provide the Tax Exemption Certificate.) ❑ No Federal Tax ID #: Where should the invoices be sent?" Legal Name of the Company: Attention: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Federal Tax ID #: Email: Who will be responsible for paying the invoices? Legal Name of the Company: Attention: Address: City: State: Zip: Contact Name: Title: Phone: Fax: Federal Tax ID #: Email: City of La Quinta Rev 10 10/15/15 CONFIDENTIAL © 2009-2010 KONE Inc. Page 11 of 11 ARb® CERTIFICATE OF LIABILITY INSURANCE /YYYY) DATE 6/8/2016 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 Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago, IL 60601 CONT NAMEACT Aon Client Services PHONE FAX (A/C, No, at): 866-283-7122 (A/C, No): 847-953-5390 ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Old Republic Insurance Company 24147 INSURED KONE Inc. Attn: insurancerequests@kone.com One KONE Court Moline IL 61265 INSURER B : IF P&C Insurance Company LTD N/A INSURER C: INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 30318371 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 LTR TYPE OF INSURANCE ADDL NSD W SVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A ✓ COMMERCIAL GENERAL LIABILITY MWZY 57732 1/1/2016 1/1/2017 EACH OCCURRENCE $ 10,000,000 CLAIMS -MADE ,/ OCCUR DAMAGE RETED PREMISESO(a occurrence) $ 10,000,000 MED EXP (Any one person) $ 0 PERSONAL & ADV INJURY $ 10,000,000 GEN'L AGGREGATE ✓ LIMIT APPLIES jECOT- PER: LOC GENERAL AGGREGATE $ 10,000,000 PRODUCTS - COMP/OP AGG $ 10,000,000 $ A AUTOMOBILE ✓ LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY MWTB 20018 1/1/2016 1/1/2017 C O BINEDa t) INGLE LIMIT $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B ✓ UMBRELLA LIAB EXCESS LIAB / OCCUR CLAIMS -MADE LP 0000002172 Producer Aon Finland Oy 1/1/2016 12/31/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED RETENT ON $ $ A A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIET R M MOR/PARBER NER/EXECUTIVE OFFI(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N N / A MWC 11539708 (AOS) MWXS 822 08 (OH) 1/1/2016 1/1/2016 1/1/2017 1/1/2017 ,/ SPER TATUTE OTH ER E.L. EACH ACCIDENT $ 2,000,000 E.L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Contract No. 12636940 - Project/Location: Museum 77-885 Calle Montezuma, City Hall 78-495 Calle Tampico La Quinta CA CERTIFICATE HOLDER CANCELLATION Cityof La Quinta 78495 Calle Tampico La Quinta CA 92253 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE f jj Aon Risk Services Central, Inc. © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 30318371 000-U.S. 16/17 GL AU XS WC Tutu Perez 6/8/2016 2:54:39 PM (PDT) Page 1 of 38 This certificate cancels and supersedes ALL previously issued certificates. WORKERS COMPENSATION 4ND Ei PLOYERS t NSURANCE p V e have the right to recover our right against the person you perform work under a writ payments froczr anyone liable for an organization named in the Schedule en contract that requires you to obtain You must maintain payroll records accurately segregating the work described in the Schedule. The additional premium for this endorsement shall be otherwise due on such remuneration. PERSON OR ORG TT CY injury covered by this policy. e (This agreement applies only to this agreement from us.) emune SCHEDULE .AT., PERSONS OR ORG ZATIONS AS IF NONE INC . C115397 0 1/16 TO 7 01 on of your employees he California ork JOB DESCRIPTION WEB 0403 6 (Ed. mill not enforce the extent that pile engaged in the coma nsation pre 98 by t, e or ers' contpensatthn In9-urancefRafingu Frohi the INCIRBM California Markers' Compensat` lrasursnce 19 30508738 000-U.S. 16/17 CT AU XS WC (OT Policy Schedule) Vickie Parker 6/22/2016 9:23:20 AM (CDT) Page 2 of 39 This certificate cancels and supersedes ALL previously issued certificates. OWNERS AND CONTRACTORS PROTECTIVE LIABILITY DECLARATIONS OLD REPUBLIC INSURANCE COMPANY POLICY NUMBER MWZY 57677 RENEWAL OF NUMBER NAMED INSURED AND MAILING ADDRESS CITY OF LA QUINTA 78495 CALLE TAMPICO LA QUINTA, CA 92253 POLICY PERIOD: FROM Location of Covered Operations: Designated Contractor: Mailing Address: POLICY HOLDER SERVICE OFFICE Old Republic Risk Management, Inc. 445 South Moorland Road, Suite 300 Brookfield, WI 53005 (877) 797-3400 PRODUCER Aon Risk Services Central, Inc. 200 E. Randolph St. Chicago, IL 60601 7/1/2016 to 6/30/2017 at 12:01 A.M. Standard Time at your mailing address shown above. MUSEUM 77-885 CALLE MONTEZUMA CITY HALL 78-495 CALLE TAMPICO KONE INC. ONE KONE COURT, MOLINE, IL 61265 IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THE POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMITS OF INSURANCE Each Occurrence Limit $1,000,000.00 Aggregate Limit $1,000,000.00 DESCRIPTION OF BUSINESS Form of Business: Individual Joint Venture Partnership Limited Liability Company Corporation JIOrganization (Other than one indicated above) Business Description: OWNER CLASSIFICATION AND PREMIUM -SUBJECT TO AUDIT Classification Code No. Premium Rate Per Advance Premium Base 1000 of Cost $3,804.00 $ Included Audit Period (If applicable) State Tax/Other (if applicable) Total Advance Premium Premium shown is payable $ at inception $ $ FORMS AND ENDORSEMENTS Forms and Endorsements applying to this coverage part and made part of this policy at time of issue: See Attached for List of Forms/Endorsements Countersigned: CG DEC GN 0001 04 99 6/8/2016 By Authorized Representative Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1998 Page 1 of 2 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2,54:39 PM (PDT) Page 2 of 38 This certificate cancels and supersedes ALL previously issued certificates. DECLARATIONS - GENERAL LIABILITY POLICY POLICY IDENTIFICATION MWZY 57677 FORMS AND ENDORSEMENTS (Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION Form No. Description CL 177 12 07 Quick Reference Owners And Contractors Protective Liability Coverage Part CG 00 09 04 13 Owners And Contractors Protective Liability Coverage Form — Coverage for Operations Of Designated Contractor PIL 008 12 03 Economic and Trade Sanctions Condition CG 29 51 12 07 Employment -Related Practices Exclusion PGL 004 11 03 Asbestos Exclusion Endorsement PGL 023 04 13 Lead Exclusion Endorsement CG 33 70 03 05 Silica or Silica -Related Dust Exclusion CG 31 31 12 04 Fungi Or Bacteria Exclusion IL 00 21 09 08 Nuclear Energy Liability Exclusion Endorsement CG 21 73 01 15 Exclusion of Certified Acts of Terrorism CG 29 05 07 05 Illinois Changes - Cancellation And Nonrenewal IL 01 47 09 11 Illinois Changes — Civil Union IL 01 62 10 13 Illinois Changes - Defense Costs PGL 059 12 04 Total Pollution Exclusion with a Building Heating, Cooling and Dehumidifying Equipment Exception and a Hostile Fire Exception CG 33 53 05 14 Exclusion - Access or Disclosure of Confidential or Personal Information and Data -Related Liability - With Limited Bodily Injury Exception GL 551 010a 0109 Issuance of Certificates of Insurance GL 551 009 0109 Blanket Additional Insured CG 28 05 10 01 Personal Injury Liability IL 00 03 09 08 Calculation of Premium CG 28 04 10 93 Earlier Notice of Cancellation Provided By Us This declaration and the coverage form(s) and endorsements, if any, listed above and attached, complete this policy. Countersigned at: Date: 6/8/2016 Authorized Agent.�� CG DEC GN 0001 04 99 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1998 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2,54:39 PM (PDT) Page 3 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 2 of 2 CL 177 (12-07) QUICK REFERENCE OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART READ YOUR POLICY CAREFULLY The Owners and Contractors Protective Liability Coverage Part in your policy consists of Declarations, a Coverage Form (CG 00 09) and Endorsements, if applicable. Following is a Quick Reference indexing of the principal provisions contained in each of the components making up the Coverage Part, listed in sequential order, except for the provisions in the Declarations which may not be in the sequence shown. DECLARATIONS Named Insured and Mailing Address Policy Period Designation of Contractor Location of Covered Operations Limits of Insurance Description of Business Forms and Endorsements applying to the Coverage Part at time of issue COVERAGE FORM SECTION 1—COVERAGES—BODILY INJURY AND PROPERTY DAMAGE LIABILITY Insuring Agreement Exclusions Supplementary Payments SECTION II —WHO IS AN INSURED SECTION III —LIMITS OF INSURANCE SECTION IV —CONDITIONS Bankruptcy Cancellation Changes Duties In The Event Of Occurrence, Claim Or Loss Examination Of Your Books And Records Inspections And Surveys Legal Action Against Us Other Insurance Premiums Premium Audit Separation Of Insureds Transfer Of Rights Of Recovery Against Others To Us When We Do Not Renew SECTION V—DEFINITIONS ENDORSEMENTS (If Any) CL 177 (12-07) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 30318371 000-U.S. 16/17 GL AU XS WC huLu Perez 6/8/2016 2:54:39 PM (PDT) Page 4 of 38 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG 00 09 0413 OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM - COVERAGE FOR OPERATIONS OF DESIGNATED CONTRACTOR Various provisions of this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organization qualifying as such under Section II — Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V — Definitions. SECTION I — COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury" and "property damage" only if: (1) The "bodily injury" or "property damage" is caused by an "occurrence" and arises out of: (a) Operations performed for you by the "contractor" at the location specified in the Declarations; or (b) Your acts or omissions in connection with the general supervision of such operations; (2) The "bodily injury" or "property damage" occurs during the policy period; and Prior to the policy period, no insured listed under Paragraph 1. of Section II — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. c. "Bodily injury" or "property damage" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that "bodily injury" or "property damage" after the end of the policy period. (3) CG 00 09 0413 © Insurance Services Office, Inc., 2012 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 5 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 9 d. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section II — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. e. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. 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" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Work Completed Or Put To Intended Use "Bodily injury" or "property damage" which occurs after the earlier of the following times: When all "work" on the project (other than service, maintenance or repairs) to be performed for you by the "contractor" at the site of the covered operations has been completed; or (2) When that portion of the "contractor's" "work", out of which the injury or damage arises, has been put to its intended use by any person or organization, other than another contractor or subcontractor working directly or indirectly for the "contractor" or as part of the same project. d. Acts Or Omissions By You And Your Employees "Bodily injury" or "property damage" arising out of your, or your "employees", acts or omissions other than general supervision of "work" performed for you by the "contractor". e. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. f. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph (1) above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". (1) Page 2 of 9 © Insurance Services Office, Inc., 2012 30318371 000—U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 6 of 38 This certificate cancels and supersedes ALL previously issued certificates. CG 00 09 0413 g• Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, 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) Property loaned to you; (3) Personal property in the care, custody or control of the insured; or (4) "Work" performed for you by the "contractor". h. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. i. Mobile Equipment "Bodily injury" or "property damage" arising out of the use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. Pollution (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; J• (ii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for: (i) Any insured; or (ii) Any person or organization for whom you may be legally responsible; or (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph does not apply to: (I) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor; CG 00 09 0413 © Insurance Services Office, Inc., 2012 30318371 000-U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 7 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 3 of 9 (ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by or on behalf of any insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire". (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. k. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "work" performed for you by the "contractor"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "work" performed for you by the "contractor". I. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. However, this exclusion does not apply to liability for damages because of "bodily injury". As used in this exclusion, 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. SUPPLEMENTARY PAYMENTS 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur. b. Up to $250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this insurance applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. g. Page 4 of 9 © Insurance Services Office, Inc., 2012 30318371 000—U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 8 of 38 This certificate cancels and supersedes ALL previously issued certificates. CG 00 09 0413 h. Expenses incurred by the insured for first aid administered to others at the time of an accident for "bodily injury" to which this insurance applies. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverages — Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. SECTION II — WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to their duties as partners or members of a joint venture. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to their duties as members of a limited liability company. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Any person (other than your "employee") or any organization while acting as your real estate manager. CG 00 09 0413 © Insurance Services Office, Inc., 2012 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 9 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 5 of 9 b. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. c. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 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. SECTION III — LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily injury" and "property damage". 3. Subject to Paragraph 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages because of all "bodily injury" and "property damage" arising out of any one "occurrence". If you designate more than one project in the Declarations, the Aggregate Limit shall apply separately to each project. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV — CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured and the "contractor" written notice of cancellation at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or (2) 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notices to the first Named Insured's and the "contractor's" last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed, proof of mailing will be sufficient proof of notice. 3. Changes This policy contains all the agreements between you, the "contractor" and us concerning the insurance afforded. The first Named Insured shown in the Declarations and the "contractor" are authorized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy. 4. Duties In The Event Of Occurrence, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" took place; (2) The names and addresses of any injured persons and witnesses; and Page 6 of 9 © Insurance Services Office, Inc., 2012 CG 00 09 0413 30318371 000—U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 10 of 38 This certificate cancels and supersedes ALL previously issued certificates. (3) The nature and location of any injury or damage arising out of the "occurrence". b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Examination Of Your Books And Records We may examine and audit your books and records as well as the "contractor's" books and records as they relate to this policy at any time during the policy period and up to three years afterward. 6. Inspections And Surveys a. We have the right to: (1) Make inspections and surveys at any time; (2) Give you reports on the conditions we find; and (3) Recommend changes. b. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions: (3) (1) Are safe or healthful; or (2) Comply with laws, regulations, codes or standards. c. Paragraphs a. and b. of this condition apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. d. Paragraph b. of this condition does not apply to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. 7. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 8. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to you unless the other insurance is provided by a contractor other than the designated "contractor" for the same operation and job location designated in the Declarations. Then we will share with that other insurance by the method described below. If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 9. Premiums The "contractor": a. Is responsible for the payment of all premiums; and CG00090413 © Insurance Services Office, Inc., 2012 Page 7 of 9 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 11 of 38 This certificate cancels and supersedes ALL previously issued certificates. b. Will be the payee for any return premiums we pay. 10. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the "contractor". The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the "contractor". c. The "contractor" must keep records of the information we need for premium computation, and send us copies at such times as we may request. 11. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 12.Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 13.When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "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". 2. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 3. "Contractor" means the contractor designated in the Declarations. 4. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 5. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 6. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 7. "Impaired property" means tangible property, other than work performed for you, that cannot be used or is less useful because: a. It incorporates work performed for you that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of the work performed for you or your fulfilling the terms of the contract or agreement. 8. "Insured contract" means: a. A lease of premises; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; or e. An elevator maintenance agreement. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". Page 8 of 9 © Insurance Services Office, Inc., 2012 30318371 000—U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 12 of 38 This certificate cancels and supersedes ALL previously issued certificates. CG 00 09 0413 10. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in Paragraph a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in Paragraph a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 11."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 12."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 13. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of 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. For the purposes of this insurance, electronic data is not tangible property. As used in this definition, 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. 14."Suit" means a civil proceeding, brought in the United States of America (including its territories and possessions), Puerto Rico or Canada, in which damages because of "bodily injury" or "property damage" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 15."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short- term workload conditions. 16."Work" includes materials, parts or equipment furnished in connection with the operations. CG00090413 © Insurance Services Office, Inc., 2012 Page 9 of 9 30318371 000-U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 13 of 38 This certificate cancels and supersedes ALL previously issued certificates. IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added: Economic And Trade Sanctions Condition In accordance with the laws and regulations of the United States concerning economic and trade embargoes, this Indemnity, Insurance, Coverage, Coverage Part or Policy is void ab initio (void from its inception) with respect to any term or condition of this Indemnity, Insurance, Coverage, Coverage Part or Policy that violates any laws or regulations of the United States concerning economic and trade embargoes including, but not limited to the following: 1. Any Insured (Assured), or any person or entity claiming the benefits of an Insured, who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to United States economic or trade sanctions; 2. Any loss, claim or "suit" that is brought in a Sanctioned Country or by a Sanctioned Country Government, where any action in connection with such claim or "suit" is prohibited by United States economic or trade sanctions; 3. Any loss, claim or "suit" that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to United States economic or trade sanctions; 4. Property that is located in a Sanctioned Country or that is owned by, rented to or in the care, custody or control of a Sanctioned Country Government, where any activities related to such property are prohibited by United States economic or trade sanctions; or 5. Property that is owned by, rented to or in the care, custody or control of a Specially Designated National or Blocked Person, or any person or entity who is otherwise subject to United States economic or trade sanctions. As used in this Endorsement, a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the United States Treasury Department's Office of Foreign Asset Control (O.F.A.C.) as it may be from time to time amended. As used in this Endorsement, a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. PIL 008 12 03 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 14 of 38 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG29511207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT -RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART The following exclusion is added to Paragraph 2., Exclusions of Coverages — Bodily Injury And Property Damage Liability (Section I — Cover- ages): This insurance does not apply to: "Bodily injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defama- tion, harassment, humiliation, discrimination or malicious prosecution directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the injury -causing event described in Paragraphs (a), (b) or (c) above occurs before employment, during employment or after employ- ment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. CG 29 51 12 07 © ISO Properties, Inc., 2006 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 15 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 0 IL 10 (12/06) OLD REPUBLIC INSURANCE CO PANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following Asbestos Exclusion is added under paragraph 2. Exclusions of SECTION I - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 1. Asbestos a. This insurance does not apply to "bodily injury" or "property damage" arising out of: (1) Inhaling, ingesting or prolonged physical exposure to asbestos or goods or products containing asbestos; (2) The use of asbestos in constructing or manufacturing any goods, products or structures; (3) The removal of asbestos from any goods, products or structures; or (4) The manufacture, transportation, storage or disposal of asbestos or goods or products containing asbestos. b. This insurance does not apply to any: (1) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify, remediate, neutralize, or in any way respond to or assess the extent or the effects of asbestos; or (2) Payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense, claim or suit related to any of the above, PGL 004 11 03 30318371 000-U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 16 of 38 This certificate cancels and supersedes ALL previously issued certificates. IL 0 12/06 OLD LIC INSURANCE Y THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART The following Exclusion is added to SECTION I - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, paragraph 2. Exclusions: Lead This insurance does nol apply to W'bodily injury" o property damage arising out of: Inhaling, ingesting or prolonged physical exposure to lead in all forms, including but not limited to solid, liquid vapor or fumes or goods or products containing lead; (b) The use of lead in the (d) uring any goods or product The removal of lead from arty goods or products; The manufacture, transportation, storage or disposal of lead or goods or products containing lead. This insurance does not apply to any: Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, remediate, or in any way respond to, or assess the extent or the effects of lead; or 2) Payment for the investigation or defense of any loss, injury or damage or any cost, fine or penalty or for any expense, claim or suit related to any of the above. PGL 02 04 13 30318371 000-U.S. 16117 GL AU XS WC I:uLu Perez 618/2016 2:54:39 PM (PDT) Page 17 of 38 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG 33 70 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA -RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2., Exclusions of Section I — Coverages Bodily In- jury And Property Damage Liability: 2. Exclusions This insurance does not apply to: SILICA OR SILICA -RELATED DUST a. "Bodily injury" arising, in whole or in part, out of the actual, alleged, threatened or sus- B. pected inhalation of, or ingestion of, "silica" or "silica -related dust". b. "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected contact with, exposure to, ex- istence of, or presence of, "silica" or "silica - related dust". c. Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, cleaning up, removing, contain- ing, treating, detoxifying, neutralizing, reme- diating or disposing of, or in any way re- sponding to or assessing the effects of, "silica" or "silica -related dust", by any in- sured or by any other person or entity. The following definitions are added to the Defini- tions Section: 1. "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), sil- ica particles, silica dust or silica compounds. 2. "Silica -related dust" means a mixture or combi- nation of silica and other dust or particles. CG 33 70 03 05 © ISO Properties, Inc., 2004 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 18 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG31311204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverages — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: Fungi Or Bacteria a. "Bodily injury" or "property damage" which would not have occurred, in whole or in part, but for the actual, alleged or threatened in- halation of, ingestion of, contact with, expo- sure to, existence of, or presence of, any "fungi" or bacteria on or within a building or structure, including its contents, regardless of whether any other cause, event, material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss, cost or expenses arising out of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to, or assessing the effects of, "fungi" or bacteria, by any insured or by any other person or entity. This exclusion does not apply to any "fungi" or bacteria that are, are on, or are contained in, a good or product intended for bodily consumption. B. The following definition is added to the Definitions Section: "Fungi" means any type or form of fungus, includ- ing mold or mildew and any mycotoxins, spores, scents or byproducts produced or released by fungi. CG 31 31 12 04 © ISO Properties, Inc., 2003 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 19 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 ❑ IL 00 21 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- clear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such pol- icy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "in- sured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organi- zation. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazard- ous properties" of "nuclear material", if: (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nu- clear facility", but if such facility is located within the United States of America, its terri- tories or possessions or Canada, this ex- clusion (3) applies only to "property dam- age" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: (3) "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "spe- cial nuclear material" or "by-product material". IL 00 21 09 08 © ISO Properties, Inc., 2007 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 20 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 2 0 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, solid or liquid, which has been used or ex- posed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or or- ganization of any "nuclear facility" included under the first two paragraphs of the definition of "nu- clear facility". "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Page 2 of 2 © ISO Properties, Inc., 2007 30318371 000—U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 21 of 38 This certificate cancels and supersedes ALL previously issued certificates. IL 00 21 09 08 ❑ COMMERCIAL GENERAL LIABILITY CG 21 73 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The following exclusion is added: This insurance does not apply to: TERRORISM "Any injury or damage" arising, directly or indirectly, out of a "certified act of terrorism". B. The following definitions are added: 1. For the purposes of this endorsement, "any injury or damage" means any injury or damage covered under any Coverage Part to which this endorsement is applicable, and includes but is not limited to "bodily injury", "property damage", "personal and advertising injury", "injury" or "environmental damage" as may be defined in any applicable Coverage Part. 2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following: a. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance subject to the Terrorism Risk Insurance Act; and b. The act is a violent act or an act that is dangerous to human life, property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion, or the inapplicability or omission of a terrorism exclusion, do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CG 21 73 01 15 © Insurance Services Office, Inc., 2014 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 22 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 29 05 07 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART A. Cancellation (Section IV 2.) is replaced by the following: CANCELLATION 1. The first Named Insured shown in the Dec- larations may cancel this policy by mailing to us advance written notice of cancellation. 2. We may cancel this policy by mailing you and the "contractor" written notice stating the reason for cancellation. If we cancel: a. For nonpayment of premium, we will mail the notice at least 10 days prior to the effective date of cancellation. b. For a reason other than nonpayment of premium, we will mail the notice at least: (1) 30 days prior to the effective date of cancellation if the policy has been in effect for 60 days or less. (2) 60 days prior to the effective date of cancellation if the policy has been in effect for more than 60 days. 3. If this policy has been in effect for more than 60 days, we may cancel only for one or more of the following reasons: a. Nonpayment of premium; b. The policy was obtained through a mate- rial misrepresentation; c. Any insured has violated any of the terms and conditions of the policy; d. The risk originally accepted has meas- urably increased; e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided coverage to us for all or a substantial part of the underlying risk in- sured; or f. A determination by the Director of Insur- ance that the continuation of the policy could place us in violation of the insur- ance laws of this State. 4. We will mail our notices to you, the "con- tractor" and the agent or broker, at the re- spective addresses last known to us. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled, we will send the "contractor" any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured or the "contractor" cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed, proof of mailing will be sufficient proof of notice. B. The following is added and supersedes any provi- sion to the contrary: NONRENEWAL If we decide not to renew or continue this policy, we will mail you and your agent or broker , and the "contractor", written notice, stating the reason for nonrenewal, at least 60 days before the end of the policy period. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our of- fer. If we fail to mail proper written notice of nonre- newal and you obtain other insurance, this policy will end on the effective date of that insurance. C. Mailing Of Notices We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof of mailing will be sufficient proof of notice. CG 29 05 07 05 © ISO Properties, Inc., 2004 Page 1 of 1 0 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 23 of 38 This certificate cancels and supersedes ALL previously issued certificates. IL01470911 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES - CIVIL UNION This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term "spouse" is replaced by the following: Spouse or party to a civil union recognized under Illinois law. B. Under the Commercial Auto Coverage Part, the term "family member" is replaced by the following: "Family member" means a person related to the: 1. Individual Named Insured by blood, adoption, marriage or civil union recognized under Illinois law, who is a resident of such Named Insured's household, including a ward or foster child; or 2. Individual named in the Schedule by blood, adoption, marriage or civil union recognized under Illinois law, who is a resident of the individual's household, including a ward or foster child, if the Drive Other Car Coverage — Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership, maintenance, or use of "covered autos" provided under the Commercial Liability Umbrella Coverage Part, the term "family member" is replaced by the following: "Family member" means a person related to you by blood, adoption, marriage or civil union recognized under Illinois law, who is a resident of your household, including a ward or foster child. IL 01 47 09 11 © Insurance Services Office, Inc., 2011 30318371 000-U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 24 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 IL 01 62 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES - DEFENSE COSTS This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART — LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART — MORTGAGEHOLDERS ERRORS AND OMISSIONS COVERAGE FORM EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under: 1. Section I of the Commercial General Liability, Commercial Liability Umbrella, Employment - related Practices Liability, Farm, Liquor Liability, Owners And Contractors Protective Liability, Pollution Liability, Products/Completed Operations Liability, Product Withdrawal, Medical Professional Liability, Railroad Protective Liability, Underground Storage Tank Coverage Parts, Auto Dealers Coverage Form and the Farm Umbrella Liability Policy; 2. Section II under the Auto Dealers, Business Auto and Motor Carrier Coverage Forms; 3. Section III under the Auto Dealers and Motor Carrier Coverage Forms; 4. Section A. Coverage under the Legal Liability Coverage Form; and 5. Coverage C — Mortgageholder's Liability under the Mortgageholders Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend. B. If we initially defend an insured ("insured") or pay for an insured's ("insured's") defense but later determine that the claim(s) is (are) not covered under this insurance, we will have the right to reimbursement for the defense costs we have incurred. The right to reimbursement for the defense costs under this provision will only apply to defense costs we have incurred after we notify you in writing that there may not be coverage, and that we are reserving our rights to terminate the defense and seek reimbursement for defense costs. IL 01 62 10 13 © Insurance Services Office, Inc., 2013 30318371 000-U.S. 16/17 GL AU XS WC tutu Perez 6/8/2016 2:54:39 PM (PDT) Page 25 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION WITH A BUILDING HEATING, COOLING AND DEHUMIDIFYING EQUIPMENT EXCEPTION AND A HOSTILE FIRE EXCEPTION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SECTION I — COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY 2. Exclusions — Exclusion j. is replaced by the following: This insurance does not apply to: j. Pollution (1) "Bodily injury" or "property damage" which would not have occurred in whole or part but for the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. This exclusion does not apply to: (a) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (b) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire" unless that "hostile fire" occurred or originated: (i) At any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; or (ii) At any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations to test for, monitor, clean up, remove, contain, treat, detoxify, neutralize or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: PGL 059 12 04 Page 1 of 2 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 26 of 38 This certificate cancels and supersedes ALL previously issued certificates. PGL 059 12 04 Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". Page 2 of 2 30318371 000—U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 27 of 38 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CG 33 53 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA -RELATED LIABILITY - WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Exclusion 2.1. of Section I — Coverages — Bodily Injury And Property Damage Liability is replaced by the following: 2. Exclusions This insurance does not apply to: I. 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. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury". As used in this exclusion, 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. CG 33 53 0514 © Insurance Services Office, Inc., 2013 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 28 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 1 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ISSUANCE OF CERTIFICATES OF INSURANCE It is hereby agreed and understood that "The issuance of a certificate under this policy must be completed as soon as practicable and appropriate premium charged upon KONE's knowledge of any contract. Coverage is afforded by this policy for those entities for which KONE contractually agreed to provide an OCPL and have unintentionally failed to disclose the existence of such contract." GL 551 010a 0109 30318371 000—U.S. 16/17 GL AU XS WC tutu Perez 6/8/2016 2:54:39 PM (PDT) Page 29 of 38 This certificate cancels and supersedes ALL previously issued certificates. 2/ UC c C LAIN41<ET ADDITIO AL INSURED It is agreed that the persons insured provisions of the various parts are extended to include any person, organization, entity, trustee, estate or governmental body that is not a vendor, as their interests may appear, to whom or to which the Named Insured has agreed or is obligated by virtue of a contract or by issuance or existence of a permit, to provide insurance such as IS afforded by this Policy, but only for the limits of liability and scope of coverage specified in such contract, and then not to exceed the limits of liability of the applicable limits of liability or the scope of coverage of this Policy_ GL 551 009 0109 Pwc 30318371 000-U.S. 16/17 GL A m,ENT erez age `/Pgf,qc19 f1P-17 r TiFegYA tigr5T677 30 ff9,E This certificate cancels and supersedes AlL previously Issued certificates. 01/01/2008 - 09/09/9999 COMMERCIAL GENERAL LIABILITY CG 28 05 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. The heading for Section I — Coverages — Bodily Injury And Property Damage Liability is revised as follows: SECTION I — COVERAGES COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY B. The following exclusion is added to Paragraph 2. of Section I — Coverage A — Bodily Injury And Property Damage Liability: 2. Exclusions This insurance does not apply to: PERSONAL INJURY "Bodily injury" arising out of "personal injury". C. The following is added to Section I — Coverages: COVERAGE B — PERSONAL INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. How- ever, we will have no duty to defend the in- sured against any "suit" seeking damages for "personal injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III — Limits Of Insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered un- less explicitly provided for under Supple- mentary Payments. b. This insurance applies to "personal injury" caused by an offense arising out of opera- tions performed for you by the "contractor" at the location specified in the Declarations, but only if the offense was committed during the policy period. 2. Exclusions This insurance does not apply to: a. "Personal injury": (1) 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 injury"; (2) Arising out of a criminal act committed by or at the direction of the insured; For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agree- ment; or (4) Arising out of the actual, alleged or threatened discharge, dispersal, seep- age, migration, release or escape of "pollutants" at any time. b. Any loss, cost or expense arising out of any: (1) Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants"; or (2) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, de- toxifying or neutralizing, or in any way responding to, or assessing the effects of "pollutants". (3) CG 28 05 10 01 © ISO Properties, Inc., 2000 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 64842016 2:54:39 PM (PDT) Page 31 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 2 D. Paragraphs 2. and 3. of Section III — Limits Of Insurance are replaced by the following: 2. The Aggregate Limit is the most we will pay for the sum of damages because of all "bodily in- jury", "property damage" and "personal injury". 3. Subject to 2. above, the Each Occurrence Limit is the most we will pay for the sum of damages because of all "bodily injury" and "property damage" arising out of any one "occurrence" and all "personal injury" sustained by any one person or organization. E. Paragraph 4., of the Duties In The Event Of Oc- currence, Claim Or Suit under Section IV — Conditions is replaced by the following: 4. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. (3) c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal papers received in connection with the claim or "suit". (2) Authorize us to obtain records and other information; Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the en- forcement of any right against any per- son or organization which may be liable to the insured because of injury or dam- age to which the insurance may also ap- ply. d. No insured will, except at the insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. F. The definition of "suit" in Section V — Definitions is replaced by the following: 14. "Suit" means a civil proceeding, brought in the United States of America (including its territo- ries and possessions), Puerto Rico or Canada, in which damages because of "bodily injury", "property damage" or "personal injury" to which this insurance applies are alleged. "Suit" in- cludes: a. An arbitration proceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. (3) G. The following is added to Section V — Definitions: "Personal injury" means injury, including conse- quential "bodily injury", arising out of the offenses of false arrest, detention or imprisonment. Page 2 of 2 © ISO Properties, Inc., 2000 30318371 000—U.S. 16/17 GL AU XS WC Tutu Perez 6/8/2016 2:54:39 PM (PDT) Page 32 of 38 This certificate cancels and supersedes ALL previously issued certificates. CG 28 0510 01 IL 00 03 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The following is added: The premium shown in the Declarations was com- puted based on rates in effect at the time the policy was issued. On each renewal, continuation, or anni- versary of the effective date of this policy, we will compute the premium in accordance with our rates and rules then in effect. IL00030908 © ISO Properties, Inc., 2007 Page 1 of 1 ❑ 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 33 of 38 This certificate cancels and supersedes ALL previously issued certificates. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG28041093 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 60 T (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph b. of either the CANCELLATION Condition (Section IV — Conditions) or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG28041093 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 30318371 000—U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 34 of 38 This certificate cancels and supersedes ALL previously issued certificates. OLD REPUBLIC INSURANCE COMPANY DECLARATIONS — GENERAL LIABILITY POLICY POLICY IDENTIFICATION MWZY 57677 FORMS AND ENDORSEMENTS (Page 1 of 1) FORMS AND ENDORSEMENTS ATTACHED TO THIS POLICY AT INCEPTION STATE California FORM NO. CG 29 10 09 12 CG 32 34 01 05 DESCRIPTION California Changes - Cancellation and Nonrenewal California Changes This declaration and the coverage form(s) and endorsements, if any, listed above and attached, complete this policy. COUNTERSIGNED AT: AUTHORIZED AGENT: DATE: LD-2A48a (Ed. 3/87) Printed in U.S.A. AA067266a 30318371 000-U.S. 16/17 GL AU XS WC Tutu Perez 6/8/2016 2:54:39 PM (PDT) Page 35 of 38 This certificate cancels and supersedes ALL previously issued certificates. COMMERCIAL GENERAL LIABILITY CO 29 10 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART A. Paragraph 2.b. of Section IV — Conditions is replaced by the following: 2. Cancellation b. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, the producer of record, and the "contractor" advance written notice of cancellation, stating the reason for cancellation, at least: (1) 10 days before the effective date of cancellation if we cancel for: (a) Nonpayment of premium; or (b) Discovery of fraud by: (i) Any insured or his or her representative in obtaining this insurance; or (ii) You or your representative in pursuing a claim under this policy. (2) 30 days before the effective date of cancellation if we cancel for any other reason. B. The following is added to the Cancellation Condition of Section IV — Conditions: g. Policies In Effect For More Than 60 Days (1) If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (a) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (b) Discovery of fraud or material misrepresentation by: (i) Any insured or his or her representative in obtaining this insurance; or (ii) You, your representative or the "contractor" in pursuing a claim under this policy. (c) A judgment by a court or an administrative tribunal that you or the "contractor" have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. (d) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you, your representative, or the "contractor" which materially increase any of the risks insured against. (e) Failure by you, your representative or the "contractor" to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, if that failure materially increases any of the risks insured against. (f) A determination by the Commissioner of Insurance that the: (i) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or CG 29 10 09 12 © Insurance Services Office, Inc., 2012 30318371 000-U.S. 16/17 GO AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 36 of 38 This certificate cancels and supersedes ALL previously issued certificates. Page 1 of 2 (ii) Continuation of the policy coverage would place us in violation of California law or the laws of the state where we are domiciled; or threaten our solvency. (g) A change by you, your representative or the "contractor" in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. (2) We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, the producer of record, and the "contractor" at least: (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (b) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph g.(1)• C. The following is added and supersedes any provisions to the contrary: Nonrenewal 1. If we decide not to renew this policy, we will mail or deliver written notice, stating the reason for nonrenewal, to the first Named Insured shown in the Declarations, the producer of record, and the "contractor", at the respective mailing addresses last known to us, at least 60 days, but not more than 120 days, before the expiration or anniversary date. 2. We are not required to send notice of nonrenewal in the following situations: a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If the first Named Insured and the "contractor" have obtained replacement coverage, or if the first Named Insured and the "contractor" have agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a period of no more than 60 days and the first Named Insured and the "contractor" are notified at the time of issuance that it will not be renewed. e. If the first Named Insured and the "contractor" request a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured and the "contractor", in accordance with the timeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%. Page 2 of 2 © Insurance Services Office, Inc., 2012 30318371 000—U.S. 16/17 GL AU XS WC Lute Perez 6/8/2016 2:54:39 PM (PDT) Page 37 of 38 This certificate cancels and supersedes ALL previously issued certificates. CG29100912 COMMERCIAL GENERAL LIABILITY CG32340105 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY The term "spouse" is replaced by the following: Spouse or registered domestic partner under California law. CG 32 34 01 05 © ISO Properties, Inc., 2004 Page 1 of 1 30318371 000-U.S. 16/17 GL AU XS WC LuLu Perez 6/8/2016 2:54:39 PM (PDT) Page 38 of 38 This certificate cancels and supersedes ALL previously issued certificates. 4 44tibtrai MEMORANDUM TO: Frank J. Spevacek, City Manager FROM: Steve Howlett, Facilities Director DATE: June 9, 2016 RE: Kone Elevator Service, Inc. City Hall & Museum Elevator Maintenance, AGR2016-21, and Elevator Maintenance Attached for your signature is the agreement with Kone Elevator Service, Inc. for Elevator Maintenance for City Hall and the Museum. Please sign the attached agreement(s) and return it to the City Clerk for processing and distribution. Requesting department shall check and attach the items below as appropriate: X Contract payments will be charged to account number: 101-3008-60108 and 202-3006-60108. X Amount of Agreement, Amendment, Change Order, etc.: $4,038.12 NA A Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s) is attached with no reportable interests in LQ or reportable interests NA A Conflict of Interest Form 700 Statement of Economic Interests is not required because this Consultant does not meet the definition in FPPC regulation 18701(2). Authority to execute this agreement is based upon: NA Approved by the City Council on (date) NA City Manager's signature authority provided under Resolution No. 2015-045 for budgeted expenditures of $50,000 or less NA Initial to certify that 3 written informal bids or proposals were received and considered in selection The following required documents are attached to the agreement: X Insurance certificates as required by the agreement (approved by Risk Manager on NA Performance bonds as required by the agreement (originals) X City of La Quinta Business License No. 763803 Expires: 04/30/17 include License copy; or list License No. and Exp. date above date) X Purchase Order number