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20-147.00 Patriot Systems: Fire Suppression Repair
Contract No.20-147 CONSTRUCTION AGREEMENT Patriot Fire Protection THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington("City")and Patriot Fire Protection,("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of the repair shut off valve and two tamper switches Project(the"Work")in accordance with documents described in Exhibit B and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall,for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities to the City's satisfaction, provided for in the Contract Documents, within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure•any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2.Time for Performance. Contractor shall commence the Work upon execution of this Agreement and shall complete the Work within the times specified in the Contract Documents,as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. Time is of the essence for this Agreement. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money,adding time needed for administration,engineering, inspection, and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)which shall be in the amount of$100.00 per day. These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$6,349.00,plus Washington State Sales Tax of$565.06 Construction Agreement Page 1 of 9 (if applicable),for a total of$6,914.06,based on the bid submitted by Contractor(Exhibit C),and as may be adjusted in accordance with the Contract Documents. 5.payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards,City Code,state standards,or federal standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Patriot Fire Protection Inc. Name:Christine Bainbridge,City Clerk Name:(Jim Lycra) Phone:(509)720-5000 Phone:509-462-6812 Address: 10210 East Sprague Avenue Address: 10005 E Montgomery Dr. Spokane Valley,WA 99206 Spokane Valley,WA 99206 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Retarding Debarment. Suspension, and Other Responsibility Matters— Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belies,that it and its principals: 1. Me not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; • 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(federal, state,or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property, 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primacy participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement 9.Prevailian Wanes on Public Works. Contractor,any subcontractor,or other person doing work under this Construction Agreement Page 2 of 9 Agreement, shall comply with the requirements of chapter 39.12 RCW, and shall pay each employee an amount not less than the Prevailing Rate of Wage,as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with chapter 39.12 RCW. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I,are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/prvWauelookup.aspx B.This Project is located in Spokane County. C.The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the City Community&Public Works Department located at 10210 East Sprague Avenue,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall,within the warranty period,remedy the same at no cost or expense to City. This warranty Construction Agreement Page 3 of 9 provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor may elect to have the City retain 10%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond, pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: Construction Agreement Page 4 of 9 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above,City 41811 be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor,irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4.Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit D. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions,and/or self-insurance. F.Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 0413. 17.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees,from any and all claims, actions,suits,liability,loss, costs,attorneys fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Construction Agreement Page 5 of 9 Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor,Contractor's agents,subcontractors,subconsultants,and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Contractor specifically and expressly waives any immunity that maybe granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or anypart thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20.Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. • 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County,State of Washington. Construction Agreement Page 6 of 9 • 24.Enure Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties. 25.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have•or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 26.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 27.Severabflity. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 28.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Assurance of compliance with applicable federal laws B. Scope of Work C. Cost Statement D. Insurance Endorsements E.Performance and Payment Bond The Parties have executed this Agreement this 2 5.74 day of August.2020. CITY OF SPOKANE VALLEY: Contractor:PATRIOT FIRE SYSTEMS kaAjt-- eft,e‘ pge Mark Calhoun,City Manager / / By. Jim Lyeri !Service Manager Its: Authorized Representative ATTEST. , Bainbridge,City Clerk APPROVED AS TO FORM: Office ity Attorney Construction Agreement Page 7 of 9 Exhibit A—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Contractor,for itself;its assignees,and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: 1.Compliance with Regulations:The Contractor shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Contractor,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations,either by competitive bidding,or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4.Information and Reports:The Contractor shall provide all information and reports required by the Acts, the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as maybe determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance:In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: a. withholding payments to the Contractor under the Agreement until the Contractor complies;and/or b.cancelling,terminating,or suspending the Agreement,in whole or in part. 6.Incorporation of Provisions:The Contractor shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities:During the performance of this Agreement,the Contractor agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Construction Agreement Page 8 of 9 Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d etseq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR.Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C.§6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982,(49 USC §471,Section 47123),as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles U and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). Construction Agreement Page 9 of 9 Spolame,WA NM pATRIOT B PROTECTION,RM. TEL:(500)028-3428 FAX:(500)02e-370e Wednesday,July 29,2020 Spokane Valley Police Precinct Attn: Brian Moat Re: Spokane Valley Police Precinct Proposed Price: $5,954 Scope of Work: Replace#1 OS&Y shutoff valve on 10"Ames 3000 backflow device and retest backflow device. Alt#1 Price: la94 Alt#1 Scope: Replace(2)OSY-2 tamper switches.Owner to provide electrical services to disconnect and reconnect tamper devices. Patriot Fire Protection to provide the design, labor,and materials to perform the above scope of work.Work will be performed per NFPA 13 and local AHJ unless noted otherwise.All work to be performed during normal working hours unless noted otherwise. Base Bid inclusions #1 Control valve,OSY-2 tamper switches, Backlfow testing. Base Bid Exclusions Painting of pipe Excavation,backfilling,and paving Fire extinguishers Fire Watch Repairs to existing pipe from testing Electrical Wiring Fire alarms Bond Tax Sincerely, A"- Jim Lyerla Phone: 509.462.6812 Patriot Fire Protection Email: JimLOoatriotfire.com Accepted By: PO#: Print Name: Email: Billing Name: Phone: Billing Email: Date: VANCOUVER,WA OFFICE TEL(360)699.4403 TACOMA,WA PORTLAND(503)222.6001 www.patr1otflre.com TEL(253)926.2290 FAX(380)699.4485 PATRIFP099CF FAX(253)922.6150 Deanna Horton From: Jim Lyerla <JimL@patriotfire.com> Sent: Wednesday,August 26, 2020 11:43 AM To: Deanna Horton Subject: RE:Spokane Valley Precinct work Deanna, Patriot will opt for%10 retainage in lieu of Performance Bond for this contract. Please confirm that this is acceptable and if you need any further information from me. Thank you. T OT JIM LYERLA-SERVICE DEPARTMENT MANAGER FIRE PROTECTION MC. D 509.462.6812 I C 509.638.5472 I JIMLCaaPATRIOTFIRE.COM PATRIOT FIRE PROTECTION,INC. 110005 E.MONTGOMERY DR.I SPOKANE,WA 99208 I P 509.926.3428 From: Deanna Horton<dhorton@spokanevalley.org> Sent:Tuesday,August 18,2020 9:31 AM To:Jim Lyerla <JimL@patriotfire.com> Cc: Brian Moat<bmoat@spokanevalley.org> Subject: RE:Spokane Valley Precinct work Jim, Following up on this contract. Just waiting to get this signed contract returned to me so I can process this on my end in order to get this taken care of at the Precinct. Please let me know if you have any questions. Sincerely, Deanna From: Deanna Horton Sent:Wednesday,August 05, 2020 3:54 PM To: 'Jim Lyerla'<JimL@patriotfire.com> Cc: Brian Moat<bmoat@spokanevalley.org> Subject: RE:Spokane Valley Precinct work Jim, Attached is the construction agreement between Patriot and the City. Because there is physical work being done on city property. I will need your insurance certificates and bond when you return the contract back to me with your signatures. If you need to adjust the price for the bond, we will take that into account and I will amend the pricing in the contract. If you would rather have us hold 10% in retainage in lieu of a bond that is fine, I just need an email or letter(separate from this) stating that so I can submit it with my paperwork. I believe we hold it for 60 days, then you can bill us for the remainder of the amount of the invoice. Please do not hesitate to let me know if you have any questions. 1 Sincerely, • Deanna From:Jim Lyerla<JimL@patriotfire.com> Sent:Wednesday,August 05, 2020 9:47 AM To: Deanna Horton<dhorton@spokanevalley.org> Subject: RE:Spokane Valley Precinct work Thank you Deanna. PATRIOT JIM LYERLA—SERVICE DEPARTMENT MANAGER PROTECTION INC. D 509.462.68121 C 509.638.54721 JIMLaPATRIOTFIRE.COM PATRIOT FIRE PROTECTION,INC. 110005 E.MONTGOMERY DR.I SPOKANE,WA 99208 I P 509.926.3428 From: Deanna Horton<dhorton@spokanevallev.org> Sent:Wednesday,August 5, 2020 9:45 AM To:Jim Lyerla <JimL@patriotfire.com> Cc: Brian Moat<bmoat@spokanevallev.org> Subject:Spokane Valley Precinct work Jim, I am working with Brian Moat to repair the shutoff valve on the backflow at the Valley Precinct. I need to prepare a contract for the work because the amount it larger than just a quick fix. I will send the contract over to you as soon as I get it ready and reviewed. I just wanted to give you the heads up that you had come in as low bid and I would be sending you over the documents as soon as I could. Deanna Deanna Horton, CFM I Administrative Assistant, Certified Floodplain Manager 10210 E.Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5301 I dhorton@snokanevalley.org _' 1e. This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 2 Client#: 112292 PATRFIRE /25/2020 E(MMIDD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE s DATE(MMJDD1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER ACT Shatanna Hagen Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Eat): (A/CtNoy Tacoma Commercial Insurance E-MAIL Shatanna.Ha en ro elinsurance.com 1201 Pacific Ave,Suite 1000 ADDRESS: 9 @P P INSURER(S)AFFORDING COVERAGE NAIL* Tacoma,WA 98402 INSURER A:Everest Indemnity Insurance 10851 INSURED INSURER B:Alaska National Insurance Company 38733 Patriot Fire Protection Inc. 10005 E Montgomery Dr INSURER C Spokane,WA 99206 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE IN R W D POLICY NUMBER (MM/DDY/YYYY) (MWDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 51 GL014669191 10/05/2019 10/05/2020 EACH OCCURRENCEC $1,000,000 E CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $100,000 X BI/PD Ded:$10,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 19JAS06688 10/05/2019 10/05/2020 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ � v HIRED ONLY X NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) X CA0001 10/13 X CA1150 10113 $ A X UMBRELLA LIAB X OCCUR 51CC005362191 10/05/2019 10/05/2020 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS-MADE Applies to GL, AGGREGATE $10,000,000 DED X RETENTION$10,000 AL, Poll&Prof $ WORKERS COMPENSATION WA StopGap only: PER OTH- AND EMPLOYERS'LIABILITY P STATUTE ER A OFFICEwMEMBER PROPRIETOR/PARTNER/EXECUTIVE ECUTIVE YN N/A 51GL014669191 10/05/2019 10/05/2020 E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Professional Liab 51GL014669191 10/05/2019 10/05/2020 $1,000,000 A Poll w/Mold 51GL014669191 10/05/2019 10/05/2020 $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:#20-147/Repair Shut Off Valve and Two Tamper Switches/PFP#22-15913. Additional Insured Status applies per attached form(s). Waiver of Subrogation applies per attached form(s). CERTIFICATE HOLDER CANCELLATION City of Spokane Valley SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10210 East Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4249806/M3908910 KTROO POLICY NUMBER: 51GL014669-191 COMMERCIAL GENERAL LIABILITY CG20100413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations Blanket where required by written contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodilyinjury" or damage" or "personal and advertising injury" pp y caused, in whole or in part, by: "property damage"occurring after: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law;and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 • C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the - Declarations. amount of insurance: 1. Required by the contract or agreement; or • Page 2 of 2 ©Insurance Services Office, Inc.,2012 CG 20 10 0413 POLICY NUMBER: 51GL014669-191 COMMERCIAL GENERAL LIABILITY CG20370413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket where required by written contract. Information required to complete this Schedule,•if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we your work at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 COMMERCIAL GENERAL LIABILITY ECG 24 520 08 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE (PRIMARY NONCONTRIBUTORY) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Condition 4. Other Insurance of SECTION IV (2) Any other primary insurance available to COMMERCIAL GENERAL LIABILITY CONDITIONS you covering liability for damages arising is replaced by the following: out of the premises or operations, or the a. Primary Insurance products and completed operations, for which you have been added as an addition- This insurance is primary except when b. below al insured by attachment of an endorse- applies. If this insurance is primary, our obliga- ment. tions are not affected unless any of the other insurance is also primary. Then, we will share When this insurance is excess, we will have no with all that other insurance by the method de- duty under Coverages A or B to defend the in- scribed in c. below, except that we will not seek sured against any"suit" if any other insurer has contribution from any party with whom you have a duty to defend the insured against that "suit". agreed in a written contract or agreement that If no other insurer defends,we will undertake to this insurance will be primary and noncontribu- do so, but we will be entitled to the insured's tory, if the written contract or agreement was rights against all those other insurers. made prior to the subject "occurrence" or of- When this insurance is excess over other in- fense. surance, we will pay only our share of the b. Excess Insurance amount of the loss, if any, that exceeds the sum of: This insurance is excess over: (1) The total amount that all such other insur- (1) Any of the other insurance, whether prima- ance would pay for the loss in the absence ry, excess, contingent or on any other basis: of this insurance; and (a) That is Fire, Extended Coverage, Build- (2) The total of all deductible and self-insured er's Risk, Installation Risk or similar amounts under all that other insurance. coverage for"your work"; We will share the remaining loss, if any, with (b) That is Fire insurance for premises any other insurance that is not described in this rented to you or temporarily occupied by Excess Insurance provision and was not you with permission of the owner; bought specifically to apply in excess of the (c) That is insurance purchased by you to Limits of Insurance shown in the Declarations cover your liability as a tenant for "prop- of this Coverage Part. erty damage" to premises rented to you c. Method Of Sharing or temporarily occupied by you with permission of the owner;or If all of the other insurance permits contribution by equal shares, we will follow this method al- (d) If the loss arises out of the maintenance so. Under this approach each insurer contrib- or use of aircraft, "autos"or watercraft to utes equal amounts until it has paid its applica- the extent not subject to Exclusion g. of ble limit of insurance or none of the loss Section I — Coverage A — Bodily Injury remains,whichever comes first. And Property Damage Liability. ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 2 I] with its permission. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this meth- od, 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. ECG 24 520 08 05 Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 2 0 Used with its permission. COMMERCIAL GENERAL LIABILITY ECG 24 522 04 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket Where Required By Written Contract; (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your operations or"your work" done under a written agreement that requires you to waive your rights of recovery. The written agreement must be made prior to the date of the "occurrence". This waiver applies only to the person or organization shown in the Schedule above. ECG 24 522 04 02 Includes copyrighted material of Insurance Services Office, Page 1 of 1 CI Inc.,with its permission. EUM 24 565 10 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - PRIMARY AND NONCONTRIBUTORY FOR ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART A. Paragraph 5. Other Insurance, SECTION IV—COMMERCIAL CATASTROPHE LIABILITY CONDITIONS is replaced by the following: 5. Other Insurance a. This insurance is excess over, and will not contribute with any "other insurance", whether such "other insurance" is stated to be primary, excess, catastrophe, umbrella, contingent or on any other basis. However, "other insurance"does not include: (1) Insurance specifically written as excess over this Coverage Part;or (2) Insurance held by an additional insured described in paragraph 3. of SECTION II — WHO IS AN INSURED for which they are listed as a named insured, but only under a written contract between you and the additional insured: (a) Requiring a specific limit of insurance that is in excess of the"retained limit"; (b) Requiring that your insurance be primary insurance and not contribute with that of the additional insured; and (c) Executed prior to the loss. In such case as described in sub-paragraph (2)above,we shall not seek contribution from the additional insured's primary or excess insurance for which they are a named insured for amounts payable under this insurance. b. When this insurance is excess over"other insurance", we will pay only our share of the amount of loss, if any,that exceeds the sum of: (1) The total amount that all such other insurance would pay for loss in the absence of this insurance; and (2)The total of all deductible and self-insured amounts under all that other insurance. B. As respects this endorsement,the following definition is added: 1 "Other insurance" means insurance, or any type of self-insurance or other mechanism by which an insured arranges for the funding of legal liabilities,which is available to any insured and covers injury or damage to which this insurance applies, other than: a. "Underlying insurance"; or b. Insurance which is specifically purchased by you to be excess of the insurance afforded by this insurance. EUM 24 565 10 10 Copyright, Everest Reinsurance Co.,2010 Page 1 of 1 D Includes copyrighted material of ISO Properties, Inc., used with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL CATASTROPHE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Blanket where required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Paragraph 13. Transfer Of Rights of Recovery Against Others To Us of Section IV—Commercial Catastro- phe Liability Conditions is amended by the addition of the following: If we waive in "underlying insurance"our right of recovery against the person or organization shown in the Sched- ule above because of payments we make for"injury" arising out of your operations or"your work" done under a written agreement that requires you to waive your rights of recovery,we will also waive those rights with respect to that"injury" under this insurance. However, this waiver only applies if the written agreement is made prior to the date of the"occurrence". This waiver applies only to the person or organization shown in the Schedule above. EUM 24 502 08 02 Copyright, Everest Reinsurance Company,2002 Page 1 of 1 0 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. For any claim or"suit"for damages whoilyor 2. Except with respect to the ownership, partially within the "retained limit", you will maintenance, operation, use, loading or promptly reimburse us for any amount of"net unloading"or entrustment to others of any"auto" loss"we pay or aircraft, if you are designated 'in the d. We have no obligation to defend any claim Declarations es: or "suit" once the applicable Limit of a. An individual, your spouse is an insured, but Insurance for this Coverage Part has been only with respect to the conduct of a exhausted<by,the payment of"net loss". business of-Which you are the sole owner; 2. Supplementary Payments b. A partnership or joint venture, your We wiN pay, with respect to any claim or "suit" membersf your partners and their spouses we defend,or for such investigation and defense are insureds, but only with respect to the that we require the insured to make or cause to conduct of your business; be made: c. A limited liability company; a. All expenses we incur or the insured.incurs (1) Your members are insureds, but only at our request. with respect to the conduct of your b. Up to $1,000 for the cost of bail bonds business;and required because of accidents or traffic`law (2) Your managers are insureds, but only violations arising out of the use of any with respect to their duties as your vehicle to which liability for "bodily Injury" managers: under this Coverage Part applies.We do not d. An organization .other than a partnership, have to furnish these bonds. joint venture or limited liability company; c. 'The cost of bonds. to release attachments, (1) Your "executive officers" and your but only for bond arrlounts within the directors are insureds, but only with applicable limit of insurance.We do not have to furnish these bonds. respect to their duties as your officers or directors;and d. All reasonable expenses incurred by the insured at our request to assist us In the (2) Your stockholders to are insureds,eirliability but only investigation�or defense of the claim or"suit", With respect their as including ac►ual loss of earnings up to $250 stockholders;or a day beca of time off from work. e. A trust, your trustees are also insureds, but e. All costs taxed against the insured in the only with respect to their duties as trustees. "suit". '3. Any other person or organization is an insured, who is included as an insured in "underlying f. Prejudgment interest awarded against the Insurance". but only 40 the extent of the insured on that'part of the judgment we pay. If we make an offer to pay the applicable limit insurance provided the Insured under"underlying insurance", and not otherwise excluded by this of insurance, we will not pay any prejudgmentinterest'based on that period of Coverage Part. time alter the offer. However, if covera0e is required to be provided full amount any such an Insured under a contract or agreement, g. All interest on the judgment that the most we will pay for"net loss" that such an accrues f after entry of any judgment and before we have paid, offered lessred becomes legallyobligated to pay is the to pay, or deposited in court the part of the lesser of: judgment that is within the applicable limit of (a) The Limits. Of Insurance for this Coverage insurance. Part;or The above payments will not reduce the limits of (b) The amount of insurance required by the insurance for Coverage A, except for any fee or contract or agreement, expense deemed damages in 'underlying less the full amounts payable by "underlying insurance" and assumed in a contract or insurance", 'agreement covered by this insurance. However, no person or organization ,is an insured SECTION II-WHOIIS AN INSURED with respect'to the conduct of any current or past 1. If you are desi nated iri the Declarations as a partnership,joint venture,limited liability company or Named insured,you are an insured, trust that is not shown,as a Named Insured in the Declarations of this policy. •EUM 00 502 08 02 Copyright,Everest Reinsurance Company, 1997 Page 5 of 12 Includes copyrighted material of Insurance Services Office,Inc,used with Its permission. Copyright, insurance Service Office,Inc.,199T Alaska National • t INSURANCE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words"we", "us", and"our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" - marks have special meaning. Refer to SECTION V— or the"loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2.a. (2)—Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following: deductible provisions of the policy, to which it is attached. (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A.1. Who Is An Insured is "accident"we cover. We do not have amended to indude: to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto" hired or rented under a COVERAGE, Paragraph A.2.a. (4)—Supplementary contract or agreement in an "employee's" Payments is replaced by the following: name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the"insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work. have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 ' Alaska National INSURANCE• COMPANY C. "Loss" caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows: However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a"loss"under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to$25,000.We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured"under this policy. SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4.a. — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A.2.—Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered "auto" transportation expense incurred by you that is a: because of the total theft of a covered "auto"that is a: a. Private passenger; (1) Private passenger; b. Truck; (2) Truck; c. Pick-up truck; (3) Pick-up truck; d. Panel ; or e. Van (4) Panel; or (5) Van type vehicle under 20,000 lbs. of Gross Vehicle Weight is disabled. However, the type vehicle under 20,000 lbs. of Gross labor must be performed at place of Vehicle Weight. We will pay only for disablement. those covered "autos"for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Paragraph A.3. — Glass Breakage — Hitting a Bird Causes of Loss Coverage. We will pay for temporary transportation expenses or Animal—Falling Objects or Missiles is replaced by the following: incurred during the period beginning 48 hours after the theft and ending, Glass Breakage—Hitting a Bird or Animal regardless of the policy's expiration, —Falling Objects or Missiles when the covered "auto" is returned to use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 Alaska National INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the "auto"withdrawn from service; or b. Loss of Use Expenses—Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered"auto"that is a: expenses for loss of use is$200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c.—Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service; ANIC CA 1150 10 13 Page 3 of 4 Alaska National INSURANCE COMPANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the "loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered"auto". rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee" under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve "autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business. (3) The Rental Reimbursement Coverage described above does not However, any"auto" that is leased, hired, apply to a covered "auto" that is rented or borrowed with a driver is not a described or designated as a covered covered"auto". "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — SECTION IV — BUSINESS AUTO CONDITIONS — "Bodily injury"is replaced by the following: Paragraph B.2. —Concealment, Misrepresentation Or Fraud is amended by adding Unintentional Failure C. "Bodily injury" means bodily injury, sickness or to Disclose Hazards at the end of Paragraph B.2. as disease sustained by a person including death or follows: mental anguish resulting from any of these. Mental anguish means any type of mental or Unintentional Failure to Disclose Hazards emotional illness or disease If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4