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21-091.00 LaRiviere: Appleway Stormwater Improvements
Contract No. 21-091 CONSTRUCTION AGREEMENT LaRiviere,Inc. 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 LaRiviere,Inc.("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 #0317 Appleway Stormwater 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 within 10 days of receipt of a notice to proceed [or 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 an amount consistent with Section 1- 08.9 of the Contract Documents.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$1,667.086.00,which includes Washington State Sales #0317 Appleway Stormwater Project Construction Agreement Page 1 of 10 Tax 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: Name:Christine Bainbridge,City Clerk Name: Matthew James,General Manager Phone:(509)720-5000 Phone:(208)683-2646 Address: 10210 East Sprague Avenue Address: 17564 N Dylan Ct Spokane Valley, WA 99206 Rathdrum, ID 83858 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement, agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9. Prey ailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under #0317 Appleway Stormwater Project Construction Agreement Page 2 of 10 this 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/Ini/wagelookup/prvWagelookup.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 two years following final acceptance by City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. #0317 Appleway Stormwater Project Construction Agreement Page 3 of 10 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 insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date, unless otherwise indicated herein. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office([SO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate, and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess #0317 Appleway Stormwater Project Construction Agreement Page 4 of 10 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 shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4.Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against funds due Contractor from the City. D.No Limitation. The Contractor's maintenance of insurance, its scope of coverage,and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. F. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit 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. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may,after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. #0317 Appleway Stormwater Project Construction Agreement Page 5 of 10 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers,officials,employees and volunteers harmless from any and all claims, injuries,damages,losses or suits including attorney fees,arising out of or in connection with the performance of this Agreement,except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees,and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance,Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 18.Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by 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 any part 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. 24.Entire 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. #0317 Appleway Stormwater Project Construction Agreement Page 6 of 10 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.Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Contractor,for itself, its assignees, and successors in interest agrees as follows: A. Compliance with Regulations: Contractor shall comply with the federal laws set forth in subsection G of this Section 26 ("Pertinent Non-Discrimination Authorities") 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. B. Non-discrimination: Contractor, with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations,including employment practices when the contract covers any activity,project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment,each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports: Contractor shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts,other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. E. Sanctions 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: 1. withholding payments to Contractor under the Agreement until Contractor complies; and/or 2. cancelling,terminating,or suspending the Agreement, in whole or in part. F.Incorporation of Provisions:Contractor shall include the provisions of paragraphs one through six of this Section 26 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for #0317 Appleway Stormwater Project Construction Agreement Page 7 of 10 noncompliance. Provided, that if Contractor becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition,Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color, national origin);and 49 CFR Part 21; 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 II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C. §§12131- 12189)as implemented by Department of Transportation regulations at 49 C.F.R.parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin, and sex); 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; #0317 Appleway Stormwater Project Construction Agreement Page 8 of 10 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 et seq.). 27. Business Registration. Prior to commencement of Work under this Agreement, Contractor shall register with the City as a business if it has not already done so. 28. Severability. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,sentence, clause, or phrase of this Agreement. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements D. Performance and Payment Bond The Parties have executed this Agreement this I(- day of ._cLwle , 20Z( CITYOF SPOKANEVAL LEY: Contract . cICdt-e-t___, Mark Calhoun,City Manager o W1a, LkI2A\J I ex Pc-el•d-c vut Its: Authorized Representative APP OVED ORM: �' 0 ice oft e City 7LitJ rn #03I7 Appleway Stormwater Project Construction Agreement Page 9 of 10 Exhibit A—Scope of Work Appleway Stormwater Project#0317 consists of: demolition of existing improvements, constructing bio-infiltration swales with stormwater conveyance structures, concrete curb & gutter, sidewalk, HMA multi-use trail,pedestrian curb ramps,new irrigation systems, irrigation revisions, sod installation, coordination with utility providers and other related work, all in accordance with the Contract Provisions and Plans. Contract Documents consist of: • Bid Proposal • Contract Provisions and Plans • Standard Specifications • Standard Plans • Addenda • Certifications and Affidavits • Supplemental Agreements • Change Orders #0317 Appleway Stormwater Project Construction Agreement Page 10 of 10 l I7\OF Spokan BOND No: 3474610 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to LaRiviere,Inc.(Contractor),as Principal,a contract for the construction of the project designated as Applewav Stormwater Improvements Project No. 0317 in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Great American Insurance Company (Surety), a corporation, organized under the laws of Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$1,667.086.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions,and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL CONTRACTOR)LaRiviere Incorporated SURE Y Great American Insurance Con;pany , p,t 6/4/2021 cipal Signature Date Surety Signature Date '(haMaS Lk' Melissa Wolf Printed Name Printed Name Attorney-in-fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance 501 N. Riverpoint Blvd., Suite 403, Spokane, WA 99202 509-838-3501 I.14.�; City of Spokane Valley 16 Bond Forms #0317 Appleway Stormwater Improvements Project Spoka`nTe j Valley` 3474610 BOND NO: CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley,Washington,in Spokane County,has awarded to LaRiviere,Inc.(Contractor),as Principal,a contract for the construction of the project designated as Applewav Stormwater Improvements Protect No. 0317 in Spokane Valley, Washington,and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Great American Insurance Company (Surety), a corporation organized under the laws Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$1,667,086.00 total Contract amount(including Washington State sales tax),subject to the provisions herein. This payment bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers,laborers,mechanics,subcontractors, and materialmen,and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss,cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments;and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract,or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts,and shall be signed by the parties'duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL ONTRACTOR) LaRiviere Incorporated SURETY Great American Insurance Company aVib•U170,144.4, 6/4/2021 ncipal Signature Date Surety Signature Date —11r1D1/1110_ t �.1�l iP,d'�� Melissa Wolf Printed Name Printed Name Gle,i/\* Attorney-in-fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance 501 N. Riverpoint Blvd., Suite 403, Spokane,WA 99202 509-838-3501 Re ised 1.14 13 City of Spokane Valley 17 Bond Forms #03I7 Appleway Stormwater Improvements Project GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than 1 Bond No. 3474610 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in- fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,the specific bond,undertaking or contract of suretyship referenced herein;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Name Address Limit of Power Melissa Wolf 501 N. Riverpoint Blvd., Suite 403 $100,000,000.00 Spokane, WA 99202 Principal: LaRiviere Incorporated Obligee: City of Spokane Valley IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of June,2021. Attest GREAT AMERICAN INSURANCE COMPANY /4/4 . • 4Lc _, Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405) On this 4th day of June , 2021 ,before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. SUSAN A KOHORST Notary Public State Of Ohiopliof-ceiaert-- a . `• .,�' My Comm.Expires May 18,2025 This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of GreatAmerican Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 4th day of June,2021. 24, it e 3 Assistant Secretary S1194E(05/20) Spokane ��Va11eyK BOND NO: 3474613 CONTRACTOR'S RETAINAGE BOND to City of Spokane Valley,Washington The City of Spokane Valley,Washington, in Spokane County,has awarded to LaRiviere, Inc. ("Contractor"), as Principal,a contract for the construction of the project designated as Appleway Stormwater Improvements Proiect No. 0317(the"Contract")in Spokane Valley,Washington. The Principal,existing under and by virtue of the laws of the State of Washington and authorized to do business in the State of Washington,and Great American Insurance Company organized and existing under the laws of the State of Ohio and authorized to transact business in the State of Washington as Surety, are jointly and severally held and bound unto the City of Spokane Valley, hereinafter called Obligee,and are similarly held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW, in the penal sum of 5%of the Contract, which is Eighty three thousand three hundred fifty four and 30/100 dollars($83,354.30),plus 5%of any increases in the Contract amount that have occurred or may occur,due to change orders,increases in the quantities,or the addition of any new item of work. WHEREAS,on the 3rd day of June ,2021 the said Principal and Obligee herein executed and entered into the Contract. WHEREAS,said Contract and chapter 60.28 RCW require the Obligee to withhold from the Principal the sum of 5% from monies earned by the Principal on estimates during the progress of the construction, hereinafter referred to as earned retained funds. WHEREAS, the Principal has requested that the Obligee accept a bond in lieu of earned retained funds as allowed under chapter 60.28 RCW. NOW THEREFORE,the condition of the obligation is such that the Principal and Surety are held and bound unto the beneficiaries of the trust fund created by chapter 60.28 RCW in the aforesaid sum. This bond, including any proceeds therefrom,is subject to all claims and liens and in the same manner and priority as set forth for retained percentages in chapter 60.28 RCW. The condition of this obligation is also such that if the Principal shall satisfy all payment obligations to persons who may lawfully claim under the trust fund purposes of chapter 60.28 RCW to the Obligee, and indemnify and hold the Obligee harmless from any and all loss, costs,and damages that the Obligee may sustain by release of the earned retained funds to the Principal,then upon notification of such satisfaction and release of the Surety by the Obligee,this obligation shall be null and void. PROVIDED HOWEVER,that: 1. The Surety shall be liable under this obligation as Principal. The Surety will not be discharged or released from liability for any act, omission or defenses of any kind or nature that would not also discharge Principal. 2. This obligation shall be binding upon and inure to the benefit of the Principal,the Surety,the Obligee, the beneficiaries of the trust fund created by chapter 60.28 RCW and their respective heirs,executors, administrators,successors and assigns. 3. Any suit under this bond must be instituted within the time provided by applicable law. City of Spokane Valley 18 Bond Forms #0317 Appleway Stormwater Improvements Project This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR)LaRiviere Incorporated SURETY Great American Insurance Company •l.Q• /2,�i i _ 6/4/2021 rincipal Signature Date Surety Signature Date 1 011/C `7 t"AZ VIerr Melissa Wolf Printed Name Printed Name y'l �51GI - Attorney-in-fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance 501 N.Riverpoint Blvd.,Suite 403,Spokane,WA 99202 509-838-3501 City of Spokane Valley 19 Bond Forms #0317 Appleway Stormwater Improvements Project GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 301 E 4TH STREET • CINCINNATI,OHIO 45202 • 513-369-5000 • FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than 1 Bond No. 3474613 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below its true and lawful attorney-in- fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,the specific bond,undertaking or contract of suretyship referenced herein;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.The bond number on this Power of Attorney must match the bond number on the bond to which it is attached or it is invalid. Name Address Limit of Power Melissa Wolf 501 N. Riverpoint Blvd., Suite 403 Sioo,000,000.00 Spokane,WA 99202 Principal: LaRiviere Incorporated Obligee: City of Spokane Valley IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 4th day of June,2021. Attest GREAT AMERICAN INSURANCE COMPANY god . V .4 4(._ e 3 Assistant Secretary Divisional Senior Vice President STATE OF OHIO,COUNTY OF HAMILTON-ss: MARK VICARIO(877-377-2405) On this 4th day of June , 2021 ,before me personally appeared MARK VICARIO,to me known, being duly sworn,deposes and says that he resides in Cincinnati,Ohio,that he is a Divisional Senior Vice President of the Bond Division of Great American Insurance Company,the Company described in and which executed the above instrument;that he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of his office under the By-Laws of said Company,and that he signed his name thereto by like authority. \,,_.. SUSANKOHORST _ Notary PuPublic � '�' State Of Ohio �� �, „90, •'•:.;,'` My Comm.Expires May 18,2025 This Power ofAttomey is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated June 9,2008. RESOLVED: That the Divisional President,the several Divisional Senior Tice Presidents,Divisional Tice Presidents and Divisonal Assistant Vice Presidents,or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company, as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship, or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,STEPHEN C.BERAHA,Assistant Secretary of Great American Insurance Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of June 9,2008 have not been revoked and are now in full force and effect. Signed and sealed this 4th day of June,2021. 4(.. e 3.�.._ Assistant Secretary S1194E(05/20) ^� LARIINC-01 MNEIGHBORS ACORO" DATE(MM/DD/YYYY) 4....----- CERTIFICATE OF LIABILITY INSURANCE 6/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Spokane Office PayneWest Insurance,Inc. (n"/c°,"N,Ext):(509)838-3501 FAX No):(509)838-3511 E-501 N.Riverpoint Blvd.,Ste 403 ADDRESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER a:Berkley Assurance Company 39462 LaRiviere,Inc. INSURER C: 17564 North Dylan Court INSURER D: Rathdrum,ID 83858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 21D PS 08913 4/1/2021 4/1/2022 DAMAGETORENTED 100,000 X X PREMISES(Ea occurrence) $ 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 JELQT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X 21D AS 08913 4/1/2021 4/1/2022 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 21D LU 08913 4/1/2021 4/1/2022 AGGREGATE $ 10,000,000✓ DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION PER STATUTE ERH AND EMPLOYERS'LIABILITY 21 D WS 08913 4/1/2021 4/1/2022 1,000,000 ANYY IPROPRIEBOER/PARTNER E ECUTIVE Y/" "/A X E.L.EACH ACCIDENT $ OF(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Pollution/Prof PCXB-5014138-0421 4/1/2021 4/1/2022 Aggregate/Each Occ. 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Appleway Stormwater Project#0317 City of Spokane Valley and its officers,elected officials,employees,agents,and volunteers are additional insured,on a primary/non-contributory basis, including waiver of subrogation,if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City SpokaneValley of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LARIINC-01 MNEIGHBORS ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 6/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Spokane OfficeI PayneWest Insurance,Inc. (A/C,N ,Ext):(509)838-3501 FAX No):(509)838-3511 501 N.Riverpoint Blvd.,Ste 403 E-MAILDESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Berkley Assurance Company 39462 LaRiviere,Inc. INSURER C: 17564 North Dylan Court INSURERD: Rathdrum,ID 83858 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMMIDD/YYYY1 A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 21D PS 08913 4/1/2021 4/1/2022 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL 8,ADV INJURY $ 1,000,000 / GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JEiQT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO X X 21DAS08913 4/1/2021 4/1/2022 BODILYINJURY(Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS WN D BODILY INJURY(Per accident) $ AUTOS ONLY AUTO ONLY (Perr ardent)D AMAGE A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 V EXCESS UAB CLAIMS-MADE 21D LU 08913 4/1/2021 4/1/2022 AGGREGATE $ 10,000,000 DED X RETENTIONS 10,000 $ A WORKERS COMPENSATION STATUTEPER ERH AND EMPLOYERS'LIABILITY 21D WS 08913 4/1/2021 4/1/2022 1,000,000 ANY YIPROP III EREXCTNEERD ECUTIVE Y/N N/A X E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Pollution/Prof PCXB-5014138-0421 4/1/2021 4/1/2022 Aggregate/Each Occ. 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:Appleway Stormwater Project#0317 City of Spokane Valley and its officers,elected officials,employees,agents,and volunteers are additional insured,on a primary/non-contributory basis, including waiver of subrogation,if required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Alfl Alaska National INSURANCE COMPANY CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 14. In Rem Actions 8 additional insured extensions. 1. MISCELLANEOUS ADDITIONAL INSUREDS Primary and Noncontributory Insurance Section II Who Is An Insured is amended to 2. Damage To Premises Rented to You include as an additional Insured any person or Limit increased to $500,000. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add as an 3. Medical Payments additional insured on this policy under a written Limits increased to $15,000. contract or written agreement. However, the Reporting period increased to three years from the written contract or written agreement must be: date of accident. 1. Currently in effect or becoming effective 4. Non-owned Watercraft during the term of this policy; and Increased to 50 feet. 2. Executed prior to the "bodily injury", 5. Supplementary Payments "property damage" or"personal injury and Cost of bail bonds increased to $10,000. advertising injury", but Daily loss of earnings increased to $500. Only the following persons or organizations 6. Newly Formed Or Acquired Organizations are additional insureds under this Coverage extended to the end of the policy period endorsement and coverage provided to such or the next anniversary of this policy's effective additional insureds is limited as provided date. herein: 7. Liberalization Clause a. State or Governmental Agency or Subdivision or Political Subdivi- 8. Unintentional Failure To Disclose Hazards sions 9. Notice of Occurrence Any state or governmental agency or subdivision or political subdivision that 10. Broad Knowledge of Occurrence has issued a permit in connection with operations performed by you or on 11. Bodily Injury - Extension of Coverage your behalf and that you are required by any ordinance, law or building code 12. Expected Or Intended Injury to include as an additional insured on Reasonable force - bodily injury or property this coverage part is an additional damage. insured, but only with respect to liability for "bodily injury", "property 13. Blanket Waiver of Subrogation damage", "personal and advertising Waiver of subrogation where required by written injury" arising out of such operations. contract or written agreement. ANIC GL 1187 07 16 Page 1 of 6 AVAlaska National INSURANCE COMPANY The insurance provided to such state e. Owners or Other Interests From or political subdivision does not apply Whom Land Has Been Leased to any "bodily injury", "property damage" or"personal and advertising An owner or other interest from whom injury" arising out of operations land has been leased by you but only performed for that state or political with respect to liability arising out of subdivision. the ownership, maintenance or use of that specific part of the land leased to b. Controlling Interest you and subject to the following additional exclusions: Any persons or organizations with a controlling interest in you but only with This insurance does not apply to: respect to their liability arising out of: (1) Any "occurrence" which takes (1) Their financial control of you, or place after you cease to lease that land; or (2) Premises they own, maintain or control while you lease or occupy (2) Structural alterations, new con- these premises. struction or demolition operations performed by or on behalf of such This insurance does not apply to additional insured. structural alterations, new construc- tion and demolition operations f. Co-owner of Insured Premises performed by or for such additional insured. A co-owner of a premises co-owned by you and covered under this c. Managers or Lessors of Premises insurance but only with respect to the co-owners liability as co-owner of A manager or lessor of premises but such premises. only with respect to liability arising out of the ownership, maintenance or use g. Lessor of Equipment of that specific part of the premises leased to you and subject to the Any person or organization from following additional exclusions: whom you lease equipment. Such person or organization is an additional This insurance does not apply to: insured only with respect to their liability for "bodily injury", "property (1) Any "occurrence" which takes damage" or"personal and Advertising place after you cease to be a injury" caused, in whole or in part, by tenant in that premises; or your maintenance, operation or use of equipment leased to you by such (2) Structural alterations, new con- person or organization. A person's or struction or demolition operations organization's status as an additional performed by or on behalf of such insured under this endorsement ends additional insured. when their written contract or written agreement with you for such leased d. Mortgagee, Assignee or Receiver equipment ends. A mortgagee,assignee or receiver but With respect to the insurance afforded only with respect to their liability as these additional insureds, the mortgagee, assignee, or receiver and following additional exclusions apply: arising out of the ownership, maintenance, or use of a premises by This insurance does not apply: you. (1) To any "occurrence" which takes This insurance does not apply to place after the equipment lease structural alterations, new construc- expires; or tion or demolition operations performed by or for such additional insured. ANIC GL 1187 07 16 Page 2 of 6 AV Alaska National INSURANCE COMPANY (2) To "bodily injury", "property additional insured. However, damage", or "personal and even if coverage within the advertising injury" arising out of "products-completed operations the sole negligence of such hazard" is required by the written additional insured. contract, such coverage is available to the additional insured h. Owners, Lessees or Contractors only if the "bodily injury" or "property damage" occurs prior to (1) Such person or organization is an the end of the time period during additional insured for "bodily which you are required by the injury", "property damage" and written contract to provide such "personal and advertising injury" coverage or the expiration date of if, and only to the extent that, the the policy, whichever comes first. injury or damage is caused by negligent acts or omissions of you Any insurance provided to an additional or your subcontractor in the insured designated under Paragraphs 2.a. performance of "your work" to through 2.g. above does not apply to "bodily which the written contract applies. injury" or "property damage" included within This person or organization does the products-completed operations hazard." not qualify as an additional insured with respect to injury or Primary And Noncontributory Insurance damage caused in whole or in part by independent negligent acts or The following is added to the Other Insurance omissions of such person or Condition and supersedes any provision to the organization. contrary: (2) However, this insurance does not apply to "bodily injury", "property This insurance is primary to and will not seek damage" or "personal and contribution from any other insurance available to advertising injury"arising out of an an additional insured under your policy provided architect's, engineer's, or that: surveyor's rendering of or failure to render any professional (1) The additional insured is a Named services including: Insured under such other insurance; and i. the preparing, approving, or failing to prepare or approve (2) You have agreed in writing in a maps, drawings, opinions, contract or agreement that this reports, surveys, change insurance would be primary and orders, design or would not seek contribution from specifications; and any other insurance available to the additional insured. ii. supervisory, inspection, or Section III - Limits of Insurance, the following is engineering services. added: (3) The insurance provided to this With respect to the insurance afforded to the additional insured, does not cover additional insureds described in Paragraphs a. "bodily injury" or "property through h. above,the most we will pay on behalf of damage" caused by your such additional insured is the amount of insurance: negligent acts and omissions in the performance of "your work" (1) Required by the contract or that occurs within the "products- completed operations hazard", agreement; or unless the written contract (2) Available under the applicable contains a specific requirement that you procure completed Limits of Insurance shown in the operations coverage or coverage Declarations; within the "products-completed operations hazard"for the whichever is less. ANIC GL 1187 07 16 Page 3 of 6 tir Alaska National INSURANCE COMPANY This provision shall not increase the applicable 4. NON-OWNED WATERCRAFT Limits of Insurance shown in the Declaration. A. If endorsement CG 21 09, CG 21 10, CG 24 2. Damage To Premises Rented to You 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the SECTION III — LIMITS OF INSURANCE, following: Paragraph 6. is replaced by the following: (b) A watercraft that you do not 6. Subject to Paragraph 5. above, the own that is: Damage to Premises Rented to You Limit is the most we will pay under Coverage A (i) Less than 50 feet long: for damages because of "property and damage" to any one premises, while rented to you, or in the case of damage by (ii) Not being used to carry fire, while rented to you or temporarily persons or property for a occupied by you with permission of the charge. owner. B. If Paragraph A. does not apply, Paragraph g. If a limit is shown for Damage to Premises Rented (2) of 2. EXCLUSION under SECTION I — to You the most we will pay under Coverage A for COVERAGES, COVERAGE A — BODILY damages because or "property damage" to any INJURY AND PROPERTY DAMAGE one premises is the Limit shown in the LIABILITY is replaced by the following: Declarations or$500,000, whichever is greater. (2) A watercraft that you do not own 3. MEDICAL PAYMENTS that is: A. Section III — Limits of Insurance, Paragraph (a) Less than 50 feet long; and 7. is replaced by the following. (b) Not being used to carry 7. Subject to Paragraph 5. above the Medical persons or property for a Expense Limit is the most we will pay charge. under Coverage C for all medical expenses because of "bodily injury" 5. SUPPLEMENTARY PAYMENTS sustained by any one person. A. Under Section I - Supplementary Payments If a limit is shown for Medical Expense in -Coverage A and B, Paragraph 1.b., the limit the Declarations the most we will pay of $250 shown for the cost of bail bonds is under Coverage C for all medical replaced by$10,000; expenses because of "bodily injury" sustained by any one person is the Limit B. In Paragraph 1.d., the limit of$250 shown for shown in the Declarations or $15,000, daily loss of earnings is replaced by$500. whichever is greater. 6. NEWLY FORMED OR ACQUIRED B. This provision 5. (Medical Payments)does not ORGANIZATIONS apply if Section I - Coverage C Medical Payments is excluded either by the provisions Paragraph 3.a. of Section II -Who Is An Insured of the Coverage Part or by endorsement. is deleted and replaced by the following: C. Paragraph 1.a.(3)(b) of Section I - Coverage Coverage under this provision is afforded only until C - Medical Payments, is replaced by the the end of the policy period or the next anniversary following: of this policy's effective date after you acquire or form the organization, whichever is earlier. (b) The expenses are incurred and reported to us within three years of the date of the accident; and ANIC GL 1187 07 16 Page 4 of 6 air Alaska National INSURANCE COMPANY 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our forms or rules which The following is added to Paragraph 2. of Section would broaden coverage for contractors under this IV - Commercial General Liability Conditions - endorsement without an additional premium Duties in The Event of Occurrence, Offense, charge, your policy will automatically provide the Claim or Suit: additional coverages as of the date the revision is effective in your state. You must give us or our authorized representative notice of an "occurrence", offense, claim, or "suit" 8. UNINTENTIONAL FAILURE TO DISCLOSE only when the"occurrence", offense, claim or"suit' HAZARDS is known to: SECTION IV — COMMERCIAL GENERAL (1) You, if you are an individual; LIABILITY CONDITIONS — Paragraph 6. — Representations is replaced by the following: (2) A partner, if you are a partnership; 6. Representations (3) An executive officer or the employee designated by you to By accepting this policy, you agree: give such notice, if you are a corporation; or a. The statements in the Declarations are accurate and complete; (4) A manager, if you are a limited liability company. b. Those statements are based upon 11. EXPANDED BODILY INJURY representations you made to us; and Section V - Definitions, the definition of "bodily c. We have issued this policy in reliance injury" is changed to read: upon your representations. "Bodily injury" means bodily injury, sickness or The unintentional omission of, or unintentional disease sustained by a person, including death, error in, any information you provided to us humiliation, shock, mental anguish or mental injury which we relied upon in issuing this policy will by that person at any time which results as a not prejudice your rights under this insurance. consequence of the bodily injury, sickness or However, this provision does not affect our disease. right to collect additional premium or to exercise our rights of cancellation or 12. EXPECTED OR INTENDED INJURY nonrenewal in accordance with applicable laws and regulations. Exclusion a. of Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced 9. NOTICE OF OCCURRENCE by the following: The following is added to Paragraph 2. of Section a. "Bodily injury" or "property damage" IV - Commercial General Liability Conditions - expected or intended from the Duties In The Event of Occurrence, Offense, standpoint of the insured. This Claim or Suit: exclusion does not apply to "bodily injury" or "property damage" resulting Your rights under this Coverage Part will not be from the use of reasonable force to prejudiced if you fail to give us notice of an protect persons or property. "occurrence", offense, claim or "suit" and that failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such "occurrence", offense, claim or"suit." ANIC GL 1187 07 16 Page 5 of 6 lifi Alaska National INSURANCE COMPANY 13. BLANKET WAIVER OF SUBROGATION However, this waiver applies only when you have agreed in writing to waive such rights of recovery The Transfer Of Rights Of Recovery Against in a contract or agreement, and only if the contract Others To Us Condition (Section IV - or agreement: Commercial General Liability Conditions) is amended by the addition of the following: 1. Is in effect or becomes effective during the term of this policy; and We waive any right of recovery we may have against any person or organization because of 2. Was executed prior to loss. payments we make for injury or damage arising out of: 14. IN REM ACTIONS 1. Your ongoing operations; or Any action in rem against any vessel owned, operated by or for, or chartered by or for you will 2. "Your work" included in the "products- be treated in the same manner as though the completed operations hazard." action were in personam against you. 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 April 1, 2021 Policy No.21D PS 08913 Insured LaRiviere Incorporated Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 07 16 Page 6 of 6 All Alaska National INSURANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S)GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Limit shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit. expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Page 1 of 2 atir Alaska National INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I — Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable; and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III — Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. 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 Apr®l, 2021 PoTey No. 21D PS 0E913 Insured LaRliiiut❑Incorporand Endorsement No. Countersigned By Fenotce Rama Inland Insurance/Spokane Valley ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 ilir Alaska National 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 include: 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 (4) Panel; or e. Van (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 for Causes of Loss Coverage. We will pay or Animal — Falling Objects or Missiles is replaced 48 temporary transportation expenses 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 lir 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. — "Bodily injury" is replaced by the following: SECTION IV — BUSINESS AUTO CONDITIONS — Paragraph B.2. — Concealment, Misrepresentation Or C. "Bodily injury" means bodily injury, sickness or Fraud is amended by adding Unintentional Failure disease sustained by a person including death or to Disclose Hazards at the end of Paragraph B.2. as mental anguish resulting from any of these. follows: Mental anguish means any type of mental or emotional illness or disease Unintentional Failure to Disclose Hazards 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 April, 2021 Poly No. 20D AS 0❑913 Insured LaRTEIII❑Incorporated Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4 MrII IVska National SURANCE COMPANY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from a written contract that requires you to obtain this anyone liable for an injury covered by this policy. We agreement from us.) will not enforce our right against the person or organization named in the Schedule. (This agreement This agreement shall not operate directly or indirectly applies only to the extent that you perform work under to benefit any one not named in the Schedule. SCHEDULE Any person or organization for whom the Insured has agreed by written contract to furnish this waiver. 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 April 1, 2021 Policy No. 21D WS 08913 Insured LaRiviere Incorporated Endorsement No. Countersigned By WC 00 03 13 (04 84) Page 1 lir Alaska National INSURANCE COMPANY COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read No other obligation or liability to pay sums or the entire policy carefully to determine rights, duties perform acts or services is covered unless and what is and is not covered. explicitly provided for under Supplementary Throughout this policy the words "you" and "your" refer Payments—Coverages A and B. to the Named Insured shown in the Declarations, and b. This insurance applies to "bodily injury" or any other person or organization qualifying as a "property damage" that is subject to an Named Insured under this policy. The words "we", "us" applicable "retained limit". If any other limit, such and "our" refer to the company providing this as a sublimit, is specified in the "underlying insurance. insurance", this insurance does not apply to The word "insured" means any person or organization "bodily injury" or "property damage" arising out qualifying as such under Section II — Who Is An of that exposure unless that limit is specified in Insured. the Declarations under the Schedule of "underlying insurance". Other words and phrases that appear in quotation „ marks have special meaning. Refer to Section V — c. This insurance applies to bodily injury" and Definitions. "property damage" only if: SECTION I—COVERAGES (1) The "bodily injury" or "property damage" is COVERAGE A—BODILY INJURY AND PROPERTY caused by an "occurrence" that takes place DAMAGE LIABILITY in the"coverage territory"; (2) The "bodily injury" or "property damage" 1. Insuring Agreement occurs during the policy period; and a. We will pay on behalf of the insured the (3) Prior to the policy period, no insured listed "ultimate net loss" in excess of the "retained under Paragraph 1.a. of Section II — Who Is limit" because of "bodily injury" or "property An Insured and no "employee" authorized by damage"to which this insurance applies. We will you to give or receive notice of an have the right and duty to defend the insured "occurrence" or claim, knew that the "bodily against any "suit" seeking damages for such injury" or"property damage" had occurred, in "bodily injury" or "property damage" when the whole or in part. If such a listed insured or "underlying insurance" does not provide authorized "employee" knew, prior to the coverage or the limits of "underlying insurance" policy period, that the "bodily injury" or have been exhausted. When we have no duty to "property damage" occurred, then any defend, we will have the right to defend, or to continuation, change or resumption of such participate in the defense of, the insured against "bodily injury" or"property damage" during or any other "suit" seeking damages to which this after the policy period will be deemed to insurance may apply. However, we will have no have been known prior to the policy period. duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property d. "Bodily injury" or "property damage" which damage"to which this insurance does not apply. occurs during the policy period and was not, At our discretion, we may investigate any prior to the policy period, known to have "occurrence" that may involve this insurance occurred by any insured listed under Paragraph and settle any resultant claim or "suit" for which 1.a. of Section II — Who Is An Insured or any we have the duty to defend. But: "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any (1) The amount we will pay for the "ultimate net continuation, change or resumption of that loss" is limited as described in Section III — "bodily injury" or "property damage" after the Limits Of Insurance; and end of the policy period. (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 under Coverages A or B. CU 00 01 04 13 Page 1 of 19 alir Alaska National INSURANCE COPANY e. "Bodily injury" or "property damage" will be (b) Such attorneys' fees and litigation deemed to have been known to have occurred expenses are for defense of that party at the earliest time when any insured listed against a civil or alternative dispute under Paragraph 1.a. of Section II — Who Is An resolution proceeding in which damages Insured or any "employee" authorized by you to to which this insurance applies are give or receive notice of an "occurrence" or alleged. claim: c. Liquor Liability (1) Reports all, or any part, of the "bodily injury" "Bodily injury" or "property damage" for which or "property damage" to us or any other any insured may be held liable by reason of: insurer; (2) Receives a written or verbal demand or claim (1) Causing or contributing to the intoxication of any person; for damages because of the "bodily injury" or "property damage"; or (2) The furnishing of alcoholic beverages to a (3) Becomes aware by any other means that person under the legal drinking age or under "bodily injury" or "property damage" has the influence of alcohol; or occurred or has begun to occur. (3) Any statute, ordinance or regulation relating to f. Damages because of "bodily injury" include l the sale, gift, distribution or use of a damages claimed by any person or organization alcoholic beverages. for care, loss of services or death resulting at This exclusion applies even if the claims against any time from the"bodily injury". any insured allege negligence or other 2. Exclusions wrongdoing in: (a) The supervision, hiring, employment, This insurance does not apply to: training or monitoring of others by that a. Expected Or Intended Injury insured; or "Bodily injury" or"property damage" expected or (b) Providing or failing to provide intended from the standpoint of the insured. This transportation with respect to any person exclusion does not apply to "bodily injury" that may be under the influence of resulting from the use of reasonable force to alcohol; protect persons or property. if the "occurrence" which caused the "bodily b. Contractual Liability injury" or "property damage" involved that which "Bodily injury" or "property damage" for which is described in Paragraph (1), (2) or(3) above. the insured is obligated to pay damages by However, this exclusion applies only if you are in reason of the assumption of liability in a contract the business of manufacturing, distributing, or agreement. This exclusion does not apply to selling, serving or furnishing alcoholic liability for damages: beverages. For the purposes of this exclusion, (1) That the insured would have in the absence permitting a person to bring alcoholic beverages of the contract or agreement; or on your premises, for consumption on your premises, whether or not a fee is charged or a (2) Assumed in a contract or agreement that is license is required for such activity, is not by an "insured contract", provided the "bodily itself considered the business of selling, serving injury" or "property damage" occurs or furnishing alcoholic beverages. subsequent to the execution of the contract or agreement. Solely for the purposes of This exclusion does not apply to the extent that valid "underlying "for liability assumed in an "insured contract", risks described (nsurance above exists for Iwouuld liabilityr have reasonable attorneys' fees and necessary litigation expenses incurred by or for a party existed but for the exhaustion of underlying other than an insured are deemed to be limits for "bodily injury" and "property damage". damages because of "bodily injury" or To the extent this exclusion does not apply, the "property damage", provided: insurance provided under this Coverage Part for the liquor liability risks described above will (a) Liability to such party for, or for the cost follow the same provisions, exclusions and of, that party's defense has also been limitations that are contained in the applicable assumed in the same "insured contract"; "underlying insurance", unless otherwise and directed by this insurance. CU00010413 Page2of19 Mr Alaska National INSURANCE COMPANY d. Workers' Compensation And Similar Laws This exclusion does not apply to the extent that Any obligation of the insured under a workers' valid "underlying insurance" for the employer's compensation, disability benefits or liability risks described above exists or would unemployment compensation law or any similar have existed but for the exhaustion of underlying law. limits for "bodily injury". To the extent this exclusion does not apply, the insurance e. ERISA provided under this Coverage Part for the Any obligation of the insured under the employer's liability risks described above will Employee Retirement Income Security Act of follow the same provisions, exclusions and 1974 (ERISA), and any amendments thereto or limitations that are contained in the applicable any similar federal, state or local statute. "underlying insurance", unless otherwise f. Auto Coverages directed by this insurance. (1) "Bodily injury" or "property damage" arising h. Employment-related Practices out of the ownership, maintenance or use of "Bodily injury"to: any"auto"which is not a"covered auto"; or (1) A person arising out of any: (2) Any loss, cost or expense payable under or (a) Refusal to employ that person; resulting from any first-party physical damage coverage; no-fault law; personal (b) Termination of that person's employment; injury protection or auto medical payments or coverage; or uninsured or underinsured (c) Employment-related practices, policies, motorist law. acts or omissions, such as coercion, g. Employer's Liability demotion, evaluation, reassignment, discipline, defamation, harassment, "Bodily injury"to: humiliation, discrimination or malicious (1) An "employee" of the insured arising out of prosecution directed at that person; or and in the course of: (2) The spouse, child, parent, brother or sister of (a) Employment by the insured; or that person as a consequence of "bodily (b) Performing duties related to the conduct injury" to that person at whom any of the of the insured's business; or employment-related practices described in Paragraph (a), (b), or(c) above is directed. (2) The spouse, child, parent, brother or sister of This exclusion applies whether the injury that "employee" as a consequence of Paragraph (1) above. causing event described in Paragraph (a), (b) or (c) above occurs before employment, during This exclusion applies whether the insured may employment or after employment of that person. be liable as an employer or in any other This exclusion applies whether the insured may capacity, and to any obligation to share be liable as an employer or in any other damages with or repay someone else who must capacity, and to any obligation to share pay damages because of the injury. damages with or repay someone else who must This exclusion does not apply to liability pay damages because of the injury. assumed by the insured under an "insured i. Pollution contract". With respect to injury arising out of a "covered (1) "Bodily injury" or "property damage" which auto", this exclusion does not apply to "bodily would not have occurred in whole or part but injury" to domestic "employees" not entitled to for the actual, alleged or threatened workers' compensation benefits. For the discharge, dispersal, seepage, migration, purposes of this insurance, a domestic release or escape of"pollutants" at any time; "employee" is a person engaged in household or or domestic work performed principally in (2) "Pollution cost or expense". connection with a residence premises. CU 00 01 04 13 Page 3 of 19 ililr Alaska National SURANCE COPANY This exclusion does not apply if valid "underlying (5) Aircraft that is: insurance" for the pollution liability risks (a) Chartered by, loaned to, or hired by you described above exists or would have existed with a paid crew; and but for the exhaustion of underlying limits for "bodily injury" and "property damage". To the (b) Not owned by any insured. extent this exclusion does not apply, the k. Racing Activities insurance provided under this Coverage Part for "Bodilyinjury" or "property dams e" arisingout the pollution risks described above will follow the ry g same provisions, exclusions and limitations that of the use of"mobile equipment"or"autos" in, or are contained in the applicable "underlying while in practice for, or while being prepared for, any prearranged professional or organized insurance", unless otherwise directed by this racing, speed, demolition, or stunting activity or insurance. contest. j. Aircraft Or Watercraft I. War "Bodily injury" or "property damage" arising out "Bodily injury" or "property damage", however of the ownership, maintenance, use or caused, arising, directly or indirectly, out of: entrustment to others of any aircraft or watercraft owned or operated by or rented or (1) War, including undeclared or civil war; loaned to any insured. Use includes operation (2) Warlike action by a military force, including and "loading or unloading". action in hindering or defending against an This exclusion applies even if the claims against actual or expected attack, by any any insured allege negligence or other government, sovereign or other authority wrongdoing in the supervision, hiring, using military personnel or other agents; or employment, training or monitoring of others by (3) Insurrection, rebellion, revolution, usurped that insured, if the "occurrence" which caused power, or action taken by governmental the "bodily injury" or"property damage" involved authority in hindering or defending against the ownership, maintenance, use or entrustment any of these. to others of any aircraft or watercraft that is m. Damage To Property owned or operated by or rented or loaned to any insured. "Property damage"to: This exclusion does not apply to: (1) Property: (1) A watercraft while ashore on premises you (a) You own, rent, or occupy, including any own or rent; costs or expenses incurred by you, or any (2) A watercraft you do not own that is: other person, organization or entity, for repair, replacement, enhancement, (a) Less than 50 feet long; and restoration or maintenance of such (b) Not being used to carry persons or property for any reason, including property for a charge; prevention of injury to a person or (3) Liability assumed under any "insured damage to another's property; or contract" for the ownership, maintenance or (b) Owned or transported by the insured and use of aircraft or watercraft; arising out of the ownership, maintenance (4) The extent that valid "underlying insurance" or use of a "covered auto". for the aircraft or watercraft liability risks (2) Premises you sell, give away or abandon, if described above exists or would have the "property damage" arises out of any part existed but for the exhaustion of underlying of those premises; limits for"bodily injury" or"property damage". (3) Property loaned to you; To the extent this exclusion does not apply, (4) Personal property in the care, custody or the insurance provided under this Coverage control of the insured; Part for the aircraft or watercraft risks described above will follow the same (5) That particular part of real property on which provisions, exclusions and limitations that you or any contractors or subcontractors are contained in the "underlying insurance", working directly or indirectly on your behalf unless otherwise directed by this insurance; are performing operations, if the "property or damage"arises out of those operations; or CU 00 01 04 13 Page 4 of 19 AV Alaska National INSURANCE COMPANY (6) That particular part of any property that must (3) "Impaired property"; be restored, repaired or replaced because if such product, work, or property is withdrawn or "your work"was incorrectly performed on it. recalled from the market or from use by any Paragraph (2) of this exclusion does not apply if person or organization because of a known or the premises are "your work" and were never suspected defect, deficiency, inadequacy or occupied, rented or held for rental by you. dangerous condition in it. Paragraphs (1)(b), (3), (4), (5) and (6) of this r. Personal And Advertising Injury exclusion do not apply to liability assumed under "Bodily injury" arising out of "personal and a sidetrack agreement. advertising injury". Paragraphs (3) and (4) of this exclusion do not s. Professional Services apply to liability assumed under a written Trailer Interchange agreement. "Bodily injury" or "property damage" due to rendering of or failure to render any professional Paragraph (6) of this exclusion does not apply to service. This includes but is not limited to: "property damage" included in the "products- completed operations hazard". (1) Legal, accounting or advertising services; n. Damage To Your Product (2) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, "Property damage" to "your product" arising out reports, surveys, field orders, change orders of it or any part of it. or drawings or specifications; o. Damage To Your Work (3) Inspection, supervision, quality control, "Property damage" to "your work" arising out of architectural or engineering activities done it or any part of it and included in the "products- by or for you on a project on which you serve completed operations hazard". as construction manager; This exclusion does not apply if the damaged (4) Engineering services, including related work or the work out of which the damage arises supervisory or inspection services; was performed on your behalf by a (5) Medical, surgical, dental, X-ray or nursing subcontractor. services treatment, advice or instruction; p. Damage To Impaired Property Or Property (6) Any health or therapeutic service treatment, Not Physically Injured advice or instruction; "Property damage" to "impaired property" or (7) Any service, treatment, advice or instruction property that has not been physically injured, for the purpose of appearance or skin arising out of: enhancement, hair removal or replacement, (1) A defect, deficiency, inadequacy or or personal grooming or therapy; dangerous condition in "your product" or (8) Any service, treatment, advice or instruction "your work"; or relating to physical fitness, including service, (2) A delay or failure by you or anyone acting on treatment, advice or instruction in connection your behalf to perform a contract or with diet, cardiovascular fitness, bodybuilding agreement in accordance with its terms. or physical training programs; This exclusion does not apply to the loss of use (9) Optometry or optical or hearing aid services of other property arising out of sudden and including the prescribing, preparation, fitting, accidental physical injury to "your product" or demonstration or distribution of ophthalmic "your work" after it has been put to its intended lenses and similar products or hearing aid use. devices; q. Recall Of Products,Work Or Impaired (10) Body piercing services; Property (11) Services in the practice of pharmacy; Damages claimed for any loss, cost or expense (12) Law enforcement or firefighting services; and incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, (13) Handling, embalming, disposal, burial, replacement, adjustment, removal or disposal cremation or disinterment of dead bodies. of: (1) "Your product"; (2) "Your work"; or CU 00 01 04 13 Page 5 of 19 alir Alaska National INSURANCE COMPANY This exclusion applies even if the claims against COVERAGE B—PERSONAL AND ADVERTISING any insured allege negligence or other INJURY LIABILITY wrongdoing in the supervision, hiring, 1. Insuring Agreement employment, training or monitoring of others by that insured, if the "occurrence" which caused a. We will pay on behalf of the insured the the "bodily injury" or "property damage", "ultimate net loss" in excess of the "retained involved the rendering of or failure to render any limit" because of "personal and advertising professional service. injury" to which this insurance applies. We will have the right and duty to defend the insured t. Electronic Data against any "suit" seeking damages for such Damages arising out of the loss of, loss of use "personal and advertising injury" when the of, damage to, corruption of, inability to access "underlying insurance" does not provide or inability to manipulate electronic data. coverage or the limits of "underlying insurance" However, this exclusion does not apply to have been exhausted. When we have no duty to liability for damages because of"bodily injury". defend, we will have the right to defend, or to participate in the defense of, the insured against As used in this exclusion, electronic data means any other "suit" seeking damages to which this information, facts or programs stored as or on, insurance may apply. However, we will have no created or used on, or transmitted to or from duty to defend the insured against any "suit" computer software, including systems and seeking damages for "personal and advertising applications software, hard or floppy disks, CD- injury"to which this insurance does not apply. At ROMs, tapes, drives, cells, data processing our discretion, we may investigate any offense devices or any other media which are used with that may involve this insurance and settle any electronically controlled equipment. resultant claim or "suit" for which we have the This exclusion does not apply if valid "underlying duty to defend. But: insurance"for the electronic data risks described (1) The amount we will pay for the "ultimate net above exists or would have existed but for the loss" is limited as described in Section III — exhaustion of underlying limits for "bodily injury" Limits Of Insurance; and and "property damage". The insurance provided under this Coverage Part will follow the same (2) Our right and duty to defend end when we provisions, exclusions and limitations that are have used up the applicable limit of contained in the applicable "underlying insurance in the payment of judgments or insurance", unless otherwise directed by this settlements under Coverages A or B. insurance. No other obligation or liability to pay sums or u. Recording And Distribution Of Material Or perform acts or services is covered unless Information In Violation Of Law explicitly provided for under Supplementary Payments—Coverages A and B. "Bodily injury" or "property damage" arising directly or indirectly out of any action or b. This insurance applies to "personal and omission that violates or is alleged to violate: advertising injury"that is subject to an applicable "retained limit". If any other limit, such as a (1) The Telephone Consumer Protection Act sublimit, is specified in the "underlying (TCPA), including any amendment of or insurance", this insurance does not apply to addition to such law; "personal and advertising injury" arising out of (2) The CAN-SPAM Act of 2003, including any that exposure unless that limit is specified in the amendment of or addition to such law; Declarations under the Schedule of "underlying (3) The Fair Credit Reporting Act (FCRA), and insurance". any amendment of or addition to such law, c. This insurance applies to "personal and including the Fair and Accurate Credit advertising injury" caused by an offense arising Transactions Act(FACTA); or out of your business but only if the offense was (4) Any federal, state or local statute, ordinance committed in the "coverage territory" during the or regulation, other than the TCPA, CAN- policy period. SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits, or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. CU 00 01 04 13 Page 6of19 nir Alaska National INSURANCE COMPANY 2. Exclusions (9) Infringement Of Copyright, Patent, This insurance does not apply to: Trademark Or Trade Secret a. "Personal and advertising injury : Arising out of the infringement of copyright, patent, trademark, trade secret or other (1) Knowing Violation Of Rights Of Another intellectual property rights. Under this Caused by or at the direction of the insured exclusion, such other intellectual property with the knowledge that the act would violate rights do not include the use of another's the rights of another and would inflict advertising idea in your"advertisement". "personal and advertising injury". However, this exclusion does not apply to (2) Material Published With Knowledge Of infringement, in your "advertisement", of Falsity copyright, trade dress or slogan. Arising out of oral or written publication, in (10) Insureds In Media And Internet Type any manner, of material, if done by or at the Businesses direction of the insured with knowledge of its Committed by an insured whose business is: falsity. (a) Advertising, broadcasting, publishing or (3) Material Published Prior To Policy Period telecasting; Arising out of oral or written publication, in (b) Designing or determining content of web any manner, of material whose first sites for others; or publication took place before the beginning of the policy period. (c) An Internet search, access, content or (4) Criminal Acts service provider. However, this exclusion does not apply to Arising out of a criminal act committed by or Paragraphs 14.a., b. and c. of"personal and at the direction of the insured. advertising injury" under the Definitions (5) Contractual Liability section. For which the insured has assumed liability For the purposes of this exclusion, the in a contract or agreement. This exclusion placing of frames, borders or links, or does not apply to: advertising, for you or others anywhere on (a) Liability for damages that the insured the Internet, is not by itself, considered the would have in the absence of the contract business of advertising, broadcasting, or agreement. publishing or telecasting. (b) Liability for false arrest, detention or (11) Electronic Chatrooms Or Bulletin Boards imprisonment assumed in a contract or Arising out of an electronic chatroom or agreement. bulletin board the insured hosts, owns, or (6) Breach Of Contract over which the insured exercises control. Arising out of a breach of contract, except an (12) Unauthorized Use Of Another's Name Or implied contract to use another's advertising Product idea in your"advertisement". Arising out of the unauthorized use of (7) Quality Or Performance Of Goods— another's name or product in your e-mail Failure To Conform To Statements address, domain name or metatag, or any other similar tactics to mislead another's Arising out of the failure of goods, products potential customers. or services to conform with any statement of (13) Pollution quality or performance made in your "advertisement". Arising out of the actual, alleged or (8) Wrong Description Of Prices threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" Arising out of the wrong description of the at any time. price of goods, products or services stated in your"advertisement". CU 00 01 04 13 Page 7 of 19 diair Alaska National INSURANCE COMPANY (14) Employment-related Practices (f) Any health or therapeutic service To: treatment, advice or instruction; (a) A person arising out of any: (g) Any service, treatment, advice or instruction for the purpose of appearance (i) Refusal to employ that person; or skin enhancement, hair removal or (ii) Termination of that person's replacement, or personal grooming or employment; or therapy; (iii) Employment-related practices, (h) Any service, treatment, advice or policies, acts or omissions, such as instruction relating to physical fitness, coercion, demotion, evaluation, including service, treatment, advice or reassignment, discipline, defamation, instruction in connection with diet, harassment, humiliation, cardiovascular fitness, bodybuilding or discrimination or malicious physical training programs; prosecution directed at that person; or (i) Optometry or optical or hearing aid (b) The spouse, child, parent, brother or services including the prescribing, sister of that person as a consequence of preparation, fitting, demonstration or "personal and advertising injury" to that distribution of ophthalmic lenses and person at whom any of the employment- similar products or hearing aid devices; related practices described in Paragraph (j) Body piercing services; (i), (ii) or(iii) above is directed. (k) Services in the practice of pharmacy; This exclusion applies whether the injury- causing event described in Paragraph (i), (ii) (I) Law enforcement or firefighting services; or (iii) above occurs before employment, and during employment or after employment of (m) Handling, embalming, disposal, burial, that person. cremation or disinterment of dead bodies. This exclusion applies whether the insured This exclusion applies even if the claims may be liable as an employer or in any other against any insured allege negligence or capacity, and to any obligation to share other wrongdoing in the supervision, hiring, damages with or repay someone else who employment, training or monitoring of others must pay damages because of the injury. by that insured, if the offense which caused (15) Professional Services the "personal and advertising injury", involved the rendering of or failure to render Arising out of the rendering of or failure to any professional service. render any professional service. This (16) War includes but is not limited to: (a) Legal, accounting or advertising services; However caused, arising, directly or indirectly, out of: (b) Preparing, approving, or failing to prepare or approve, maps, shop drawings, (a) War, including undeclared or civil war; opinions, reports, surveys, field orders, (b) Warlike action by a military force, change orders or drawings or including action in hindering or defending specifications; against an actual or expected attack, by (c) Inspection, supervision, quality control, any government, sovereign or other architectural or engineering activities authority using military personnel or other done by or for you on a project on which agents; or you serve as construction manager; (c) Insurrection, rebellion, revolution, (d) Engineering services, including related usurped power, or action taken by supervisory or inspection services; governmental authority in hindering or (e) Medical, surgical, dental, X-ray or nursing defending against any of these. services treatment, advice or instruction; CU 00 01 04 13 Page 8 of 19 AP ,Alaska National (17) Recording And Distribution Of Material Or f. Prejudgment interest awarded against the Information In Violation Of Law insured on that part of the judgment we pay. If Arising directly or indirectly out of any action we make an offer to pay the applicable limit of or omission that violates or is alleged to insurance, we will not pay any prejudgment violate: interest based on that period of time after the offer. (a) The Telephone Consumer Protection Act (TCPA), including any amendment of or g. All interest on the full amount of any judgment addition to such law; that accrues after entry of the judgment and before we have paid, offered to pay, or (b) The CAN-SPAM Act of 2003, including deposited in court the part of the judgment that any amendment of or addition to such is within the applicable limit of insurance. law; These payments will not reduce the limits of (c) The Fair Credit Reporting Act (FCRA), insurance. and any amendment of or addition to 2 When we have the right but not the duty to defend such law, including the Fair and Accurate Credit Transactions Act(FACTA); or the insured and elect to participate in the defense, we will pay our own expenses but will not contribute (d) Any federal, state or local statute, to the expenses of the insured or the "underlying ordinance or regulation, other than the insurer". TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that 3. If we defend an insured against a "suit" and an addresses, prohibits, or limits the printing, indemnitee of the insured is also named as a party dissemination, disposal, collecting, to the "suit", we will defend that indemnitee if all of recording, sending, transmitting, the following conditions are met: communicating or distribution of material a. The "suit" against the indemnitee seeks or information. damages for which the insured has assumed the b. liability of the indemnitee in a contract or Pollution cost or expense". SUPPLEMENTARY PAYMENTS—COVERAGES A agreement that is an "insured contract"; AND B b. This insurance applies to such liability assumed by the insured; 1. We will pay, with respect to any claim we investigate or settle, or any"suit"against an insured c. The obligation to defend, or the cost of the we defend, when the duty to defend exists: defense of, that indemnitee, has also been assumed by the insured in the same "insured a. All expenses we incur. contract"; b. Up to $2,000 for cost of bail bonds (including d. The allegations in the "suit" and the information bonds for related traffic law violations) required we know about the "occurrence" are such that because of an "occurrence" we cover. We do no conflict appears to exist between the not have to furnish these bonds. interests of the insured and the interests of the c. The cost of bonds to release attachments, but indemnitee; only for bond amounts within the applicable limit e. The indemnitee and the insured ask us to of insurance. We do not have to furnish these conduct and control the defense of that bonds. indemnitee against such "suit" and agree that d. All reasonable expenses incurred by the insured we can assign the same counsel to defend the at our request to assist us in the investigation or insured and the indemnitee; and 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. CU 00 01 04 13 Page 9 of 19 Mr Alaska National INSURANCE COMPANY f. The indemnitee: (3) A limited liability company, you are an (1) Agrees in writing to: insured. Your members are also insureds, but only with respect to the conduct of your (a) Cooperate with us in the investigation, business. Your managers are insureds, but settlement or defense of the"suit"; only with respect to their duties as your (b) Immediately send us copies of any managers. demands, notices, summonses or legal (4) An organization other than a partnership, papers received in connection with the joint venture or limited liability company, you "suit"; are an insured. Your"executive officers" and (c) Notify any other insurer whose coverage directors are insureds, but only with respect is available to the indemnitee; and to their duties as your officers or directors. (d) Cooperate with us with respect to Your stockholders are also insureds, but only coordinating other applicable insurance with respect to their liability as stockholders. available to the indemnitee; and (5) A trust, you are an insured. Your trustees are (2) Provides us with written authorization to: also insureds, but only with respect to their duties as trustees. (a) Obtain records and other information b. Each of the following is also an insured: related to the"suit"; and (b) Conduct and control the defense of the (1) Your "volunteer workers" only while indemnitee in such "suit". performing duties related to the conduct of your business, or your "employees", other So long as the above conditions are met, attorneys' than either your "executive officers" (if you fees incurred by us in the defense of that are an organization other than a partnership, indemnitee, necessary litigation expenses incurred joint venture or limited liability company) or by us and necessary litigation expenses incurred by your managers (if you are a limited liability the indemnitee at our request will be paid as company), but only for acts within the scope Supplementary Payments. Notwithstanding the of their employment by you or while provisions of Paragraph 2.b.(2) of Section I — performing duties related to the conduct of Coverage A — Bodily Injury And Property Damage your business. However, none of these Liability, such payments will not be deemed to be "employees" or "volunteer workers" are damages for "bodily injury" and "property damage" insureds for: and will not reduce the limits of insurance. (a) "Bodily injury" or "personal and Our obligation to defend an insured's indemnitee advertising injury": and to pay for attorneys' fees and necessary (i) To you, to your partners or members litigation expenses as Supplementary Payments (if you are a partnership or joint ends when we have used up the applicable limit of venture), to your members (if you are insurance in the payment of judgments or a limited liability company), to a co- settlements or the conditions set forth above, or the "employee" in the course of his or her terms of the agreement described in Paragraph f. employment or performing duties above, are no longer met. related to the conduct of your SECTION II—WHO IS AN INSURED business or to your other "volunteer 1. Except for liability arising out of the ownership, workers" while performing duties maintenance or use of"covered autos": related to the conduct of your business; a. If you are designated in the Declarations as: (ii) To the spouse, child, parent, brother (1) An individual, you and your spouse are or sister of that co-"employee" or insureds, but only with respect to the conduct "volunteer worker" as a consequence of a business of which you are the sole of Paragraph (a)(i) above; or owner. (2) A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. C0 00 01 04 13 Page 10of19 4111, Alaska National SURANCE COPANY (iii) For which there is any obligation to 2. Only with respect to liability arising out of the share damages with or repay ownership, maintenance or use of"covered autos": someone else who must pay a. You are an insured. damages because of the injury described in Paragraph (a)(i) or (ii) b. Anyone else while using with your permission a above. "covered auto" you own, hire or borrow is also (b) "Property damage"to property: an insured except: (i) Owned, occupied or used by; (1) The owner or anyone else from whom you hire or borrow a "covered auto". This (ii) Rented to, in the care, custody or exception does not apply if the "covered control of, or over which physical auto" is a trailer or semitrailer connected to a control is being exercised for any "covered auto"you own. purpose by; (2) Your "employee" if the "covered auto" is you, any of your "employees", "volunteer owned by that "employee" or a member of workers", any partner or member (if you his or her household. are a partnership or joint venture), or any (3) Someone using a "covered auto" while he or member (if you are a limited liability she is working in a business of selling, company). servicing, repairing, parking or storing (2) Any person (other than your "employee" or "autos" unless that business is yours. "volunteer worker"), or any organization while acting as your real estate manager. (4) Anyone other than your "employees", (3) Any person or organization having proper partners (if you are a partnership), members temporary custody of your property if you (if you are a limited liability company), or a die, but only: lessee or borrower or any of their "employees", while moving property to or (a) With respect to liability arising out of the from a"covered auto". maintenance or use of that property; and (5) A partner (if you are a partnership), or a (b) Until your legal representative has been member (if you are a limited liability appointed. company) for a "covered auto" owned by him (4) Your legal representative if you die, but only or her or a member of his or her household. with respect to duties as such. That (6) "Employees"with respect to"bodily injury"to: representative will have all your rights and (a) Any fellow "employee" of the insured duties under this Coverage Part. arising out of and in the course of the c. Any organization you newly acquire or form, fellow "employee's" employment or while other than a partnership, joint venture or limited performing duties related to the conduct liability company, and over which you maintain of your business; or ownership or majority interest, will qualify as a (b) The spouse, child, parent, brother or Named Insured if there is no other similar sister of that fellow "employee" as a insurance available to that organization. However: consequence of Paragraph (a) above. (1) Coverage under this provision is afforded c. Anyone liable for the conduct of an insured only until the 90th day after you acquire or described above is also an insured, but only to form the organization or the end of the policy the extent of that liability. period, whichever is earlier; (2) Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. CU 00 01 04 13 Page 11 of 19 alir Alaska National INSURANCE COMPANY 3. Any additional insured under any policy of 5. If there is "underlying insurance" with a policy "underlying insurance" will automatically be an period that is nonconcurrent with the policy period insured under this insurance. of this Commercial Liability Umbrella Coverage Subject to Section III — Limits Of Insurance, if Part, the "retained limit(s)" will only be reduced or coverage provided to the additional insured is exhausted by payments for: required by a contract or agreement, the most we a. "Bodily injury" or "property damage" which will pay on behalf of the additional insured is the occurs during the policy period of this Coverage amount of insurance: Part; or a. Required by the contract or agreement, less any b. "Personal and advertising injury" for offenses amounts payable by any "underlying insurance"; that are committed during the policy period of or this Coverage Part. b. Available under the applicable Limits of However, if any "underlying insurance" is written on Insurance shown in the Declarations; a claims-made basis, the "retained limit(s)" will only whichever is less. be reduced or exhausted by claims for that insurance that are made during the policy period, or Additional insured coverage provided by this any Extended Reporting Period, of this Coverage insurance will not be broader than coverage Part. provided by the"underlying insurance". The Aggregate Limit, as described in Paragraph 2. No person or organization is an insured with respect to above, applies separately to each consecutive annual the conduct of any current or past partnership, joint period and to any remaining period of less than 12 venture or limited liability company that is not shown as months, starting with the beginning of the policy period a Named Insured in the Declarations. shown in the Declarations, unless the policy period is SECTION III—LIMITS OF INSURANCE extended after issuance for an additional period of less 1. The Limits of Insurance shown in the Declarations than 12 months. In that case, the additional period will and the rules below fix the most we will pay be deemed part of the last preceding period for regardless of the number of: purposes of determining the Limits of Insurance. a. Insureds; SECTION IV—CONDITIONS b. Claims made, "suits" brought, or number of 1. Appeals vehicles involved; or If the "underlying insurer" or insured elects not to c. Persons or organizations making claims or appeal a judgment in excess of the "retained limit", bringing "suits". we may do so at our own expense. We will also pay for taxable court costs, pre- and postjudgment 2. The Aggregate Limit is the most we will pay for the interest and disbursements associated with such sum of all"ultimate net loss" under: appeal. In no event will this provision increase our a. Coverage A, except "ultimate net loss" because liability beyond the applicable Limits of Insurance of "bodily injury" or "property damage" arising described in Section III—Limits Of Insurance. out of the ownership, maintenance or use of a 2. Bankruptcy "covered auto"; and a. Bankruptcy Of Insured b. Coverage B. Bankruptcy or insolvency of the insured or of the 3. Subject to Paragraph 2. above, the Each insured's estate will not relieve us of our Occurrence Limit is the most we will pay for the obligations under this Coverage Part. sum of all "ultimate net loss" under Coverage A because of all "bodily injury" and "property damage" arising out of any one"occurrence". 4. Subject to Paragraph 2. above, the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all "ultimate net loss" because of all "personal and advertising injury"sustained by any one person or organization. CU00010413 Page12of19 Mr Alaska National SURANCE COPANY b. Bankruptcy Of Underlying Insurer 4. Legal Action Against Us Bankruptcy or insolvency of the "underlying No person or organization has a right under this insurer" will not relieve us of our obligations Coverage Part: under this Coverage Part. a. To join us as a party or otherwise bring us into a However, this insurance will not replace the "suit"asking for damages from an insured; or "underlying insurance" in the event of bankruptcy or b. To sue us on this Coverage Part unless all of its insolvency of the "underlying insurer". This terms have been fully complied with. insurance will apply as if the "underlying insurance" were in full effect. A person or organization may sue us to recover on 3. Duties In The Event Of Occurrence, Offense, an agreed settlement or on a final judgment against an insured; but we will not be liable for damages Claim Or Suit that are not payable under the terms of this a. You must see to it that we are notified as soon Coverage Part or that are in excess of the as practicable of an "occurrence" or an offense, applicable limit of insurance. An agreed settlement regardless of the amount, which may result in a means a settlement and release of liability signed claim. To the extent possible, notice should by us, the insured and the claimant or the include: claimant's legal representative. (1) How, when and where the "occurrence" or 5. Other Insurance offense took place; a. This insurance is excess over, and shall not (2) The names and addresses of any injured contribute with any of the other insurance, persons and witnesses; and whether primary, excess, contingent or on any (3) The nature and location of any injury or other basis. This condition will not apply to damage arising out of the "occurrence" or insurance specifically written as excess over this offense. Coverage Part. b. If a claim is made or "suit" is brought against When this insurance is excess, we will have no any insured, you must: duty under Coverages A or B to defend the (1) Immediately record the specifics of the claim insured against any "suit" if any other insurer or"suit"and the date received; and has a duty to defend the insured against that "suit". If no other insurer defends, we will (2) Notify us as soon as practicable. undertake to do so, but we will be entitled to the You must see to it that we receive written notice insured's rights against all those other insurers. of the claim or"suit"as soon as practicable. b. When this insurance is excess over other c. You and any other involved insured must: insurance, we will pay only our share of the (1) Immediately send us copies of any demands, "ultimate net loss"that exceeds the sum of: notices, summonses or legal papers (1) The total amount that all such other received in connection with the claim or insurance would pay for the loss in the "suit"; absence of the insurance provided under this (2) Authorize us to obtain records and other Coverage Part; and information; (2) The total of all deductible and self-insured amounts under all that other insurance. (3) 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. CU 00 01 04 13 Page 13 of 19 Ahr Alaska National INSURANCE COMPANY 6. Premium Audit 10.When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part, we Part in accordance with our rules and rates. will mail or deliver to the first Named Insured shown b. Premium shown in this Coverage Part as in the Declarations written notice of the nonrenewal advance premium is a deposit premium only. At not less than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first Named Insured. The due date 11.Loss Payable for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of Liability under this Coverage Part does not apply to the advance and audit premiums paid for the a given claim unless and until: policy period is greater than the earned a. The insured or insured's "underlying insurer" has premium, we will return the excess to the first become obligated to pay the"retained limit"; and Named Insured. b. The obligation of the insured to pay the "ultimate c. The first Named Insured must keep records of net loss" in excess of the "retained limit" has the information we need for premium been determined by a final settlement or computation, and send us copies at such times judgment or written agreement among the as we may request. insured, claimant and us. 7. Representations Or Fraud 12.Transfer Of Defense By accepting this policy, you agree: When the underlying limits of insurance have been a. The statements in the Declarations are accurate used up in the payment of judgments or and complete; settlements, the duty to defend will be transferred to us. We will cooperate in the transfer of control to us b. Those statements are based upon of any outstanding claims or "suits" seeking representations you made to us; damages to which this insurance applies which c. We have issued this policy in reliance upon your would have been covered by the "underlying representations; and insurance" had the applicable limit not been used d. This policy is void in any case of fraud by you as up. it relates to this policy or any claim under this 13.Maintenance Of/Changes To Underlying policy. Insurance 8. Separation Of Insureds Any "underlying insurance" must be maintained in Except with respect to the Limits of Insurance, and full effect without reduction of coverage or limits any rights or duties specifically assigned in this except for the reduction of the aggregate limit in Coverage Part to the first Named Insured, this accordance with the provisions of such "underlying insurance applies: insurance" that results from payment of claims, settlement or judgments to which this insurance a. As if each Named Insured were the only Named applies. Insured; and Such exhaustion or reduction is not a failure to b. Separately to each insured against whom claim maintain "underlying insurance". Failure to maintain is made or"suit" is brought. "underlying insurance" will not invalidate insurance 9. Transfer Of Rights Of Recovery Against Others provided under this Coverage Part, but insurance To Us provided under this Coverage Part will apply as if If the insured has rights to recover all or part of any the"underlying insurance"were in full effect. payment we have made under this Coverage Part, If there is an increase in the scope of coverage of those rights are transferred to us. The insured must any "underlying insurance" during the term of this do nothing after loss to impair them. At our request, policy, our liability will be no more than it would the insured will bring "suit" or transfer those rights have been if there had been no such increase. to us and help us enforce them. CU 00 01 04 13 Page 14 of 19 MrAlaska NationalMD INSURANCE ANY You must notify us in writing, as soon as SECTION V—DEFINITIONS practicable, if any "underlying insurance" is 1. "Advertisement" means a notice that is broadcast or cancelled, not renewed, replaced or otherwise published to the general public or specific market terminated, or if the limits or scope of coverage of segments about your goods, products or services any"underlying insurance" is changed. for the purpose of attracting customers or 14.Expanded Coverage Territory supporters. For the purposes of this definition: a. If a "suit" is brought in a part of the "coverage a. Notices that are published include material territory" that is outside the United States of placed on the Internet or on similar electronic America (including its territories and means of communication; and possessions), Puerto Rico or Canada, and we b. Regarding web sites, only that part of a web site are prevented by law, or otherwise, from that is about your goods, products or services defending the insured, the insured will initiate a for the purposes of attracting customers or defense of the "suit". We will reimburse the supporters is considered an advertisement. insured, under Supplementary Payments, for any reasonable and necessary expenses 2. "Auto" means: incurred for the defense of a "suit" seeking a. A land motor vehicle, trailer or semitrailer damages to which this insurance applies, that designed for travel on public roads, including we would have paid had we been able to any attached machinery or equipment; or exercise our right and duty to defend. b. Any other land vehicle that is subject to a If the insured becomes legally obligated to pay compulsory or financial responsibility law or sums because of damages to which this other motor vehicle insurance law where it is insurance applies in a part of the "coverage licensed or principally garaged. territory" that is outside the United States of However, "auto" does not include "mobile America (including its territories and equipment". possessions), Puerto Rico or Canada, and we are prevented by law, or otherwise, from paying 3. "Bodily injury" means bodily injury, disability, such sums on the insured's behalf, we will sickness or disease sustained by a person, reimburse the insured for such sums. including death resulting from any of these at any b. All payments or reimbursements we make for time. "Bodily injury" includes mental anguish or damages because of judgments or settlements other mental injury resulting from "bodily injury". will be made in U.S. currency at the prevailing 4. "Coverage territory" means anywhere in the world exchange rate at the time the insured became with the exception of any country or jurisdiction legally obligated to pay such sums. All payments which is subject to trade or other economic sanction or reimbursements we make for expenses under or embargo by the United States of America. Supplementary Payments will be made in U.S. 5. "Covered auto" means only those "autos" to which currency at the prevailing exchange rate at the "underlying insurance"applies. time the expenses were incurred. 6. "Employee" includes a "leased worker". "Employee" c. Any disputes between you and us as to whether does not include a"temporary worker". there is coverage under this policy must be filed 7 "Executive officer" means a person holding any of in the courts of the United States of America the officer positions created by your charter, (including its territories and possessions), constitution, bylaws or any other similar governing Canada or Puerto Rico. document. d. The insured must fully maintain any coverage 8. "Impaired property" means tangible property, other required by law, regulation or otherthan "your product" or "your work", that cannot be governmental authority during the policy period, used or is less useful because: except for reduction of the aggregate limits due to payments of claims, judgments or a. It incorporates "your product" or"your work"that settlements. is known or thought to be defective, deficient, Failure to maintain such coverage required by inadequate or dangerous; or law, regulation or other governmental authority b. You have failed to fulfill the terms of a contract will not invalidate this insurance. However, this or agreement; insurance will apply as if the required coverage by law, regulation or other governmental authority was in full effect. C0 00 01 04 13 Page15of19 - Alaska National INSURANCE CMPANY if such property can be restored to use by the (3) That holds a person or organization engaged repair, replacement, adjustment or removal of"your in the business of transporting property by product"or"your work", or your fulfilling the terms of "auto" for hire harmless for your use of a the contract or agreement. "covered auto" over a route or territory that 9. "Insured contract" means: person or organization is authorized to serve by public authority. a. A contract for a lease of premises. However,that portion of the contract for a lease of 10."Leased worker" means a person leased to you by premises that indemnifies any person or a labor leasing firm under an agreement between organization for damage by fire to premises you and the labor leasing firm, to perform duties while rented to you or temporarily occupied by related to the conduct of your business. "Leased you with permission of the owner is not an worker"does not include a "temporary worker". "insured contract"; 11."Loading or unloading" means the handling of b. A sidetrack agreement; property: c. Any easement or license agreement, except in a. After it is moved from the place where it is connection with construction or demolition accepted for movement into or onto an aircraft, operations on or within 50 feet of a railroad; watercraft or"auto"; d. An obligation, as required by ordinance, to b. While it is in or on an aircraft, watercraft or indemnify a municipality, except in connection "auto"; or with work for a municipality; c. While it is being moved from an aircraft, e. An elevator maintenance agreement; watercraft or "auto" to the place where it is finally delivered; f. That part of any contract or agreement entered into, as part of your business, pertaining to the but "loading or unloading" does not include the rental or lease, by you or any of your movement of property by means of a mechanical "employees", of any "auto". However, such device, other than a hand truck, that is not attached contract or agreement shall not be considered to the aircraft, watercraft or"auto". an "insured contract" to the extent that it 12."Mobile equipment" means any of the following obligates you or any of your"employees" to pay types of land vehicles, including any attached for "property damage" to any "auto" rented or machinery or equipment: leased by you or any of your"employees". a. Bulldozers, farm machinery, forklifts and other g. That part of any other contract or agreement vehicles designed for use principally off public pertaining to your business (including an roads; indemnification of a municipality in connection b. Vehicles maintained for use solely on or next to with work performed for a municipality) under premises you own or rent; which you assume the tort liability of another c. Vehicles that travel on crawler treads; party to pay for "bodily injury" or "property damage" to a third person or organization. Tort d. Vehicles, whether self-propelled or not, liability means a liability that would be imposed maintained primarily to provide mobility to by law in the absence of any contract or permanently mounted: agreement. (1) Power cranes, shovels, loaders, diggers or Paragraphs f. and g. do not include that part of any drills; or contract or agreement: (2) Road construction or resurfacing equipment (1) That indemnifies a railroad for "bodily injury" such as graders, scrapers or rollers; or "property damage" arising out of e. Vehicles not described in Paragraph a., b., c. or construction or demolition operations, within d. above that are not self-propelled and are 50 feet of any railroad property and affecting maintained primarily to provide mobility to any railroad bridge or trestle, tracks, road- permanently attached equipment of the following beds, tunnel, underpass or crossing; types: (2) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or CU 00 01 04 13 Page 16 of 19 ilir Alaska National INSURANCE COMPANY (1) Air compressors, pumps and generators, f. The use of another's advertising idea in your including spraying, welding, building "advertisement"; or cleaning, geophysical exploration, lighting g. Infringing upon another's copyright, trade dress and well servicing equipment; or or slogan in your"advertisement". (2) Cherry pickers and similar devices used to 15."Pollutants" mean any solid, liquid, gaseous or raise or lower workers; thermal irritant or contaminant, including smoke, f. Vehicles not described in Paragraph a., b., c. or vapor, soot, fumes, acids, alkalis, chemicals and d. above maintained primarily for purposes other waste. Waste includes materials to be recycled, than the transportation of persons or cargo. reconditioned or reclaimed. However, self-propelled vehicles with the 16."Pollution cost or expense" means any loss, cost or following types of permanently attached expense arising out of any: equipment are not "mobile equipment" but will a. Request, demand, order or statutory or be considered "autos": regulatory requirement that any insured or (1) Equipment designed primarily for: others test for, monitor, clean up, remove, (a) Snow removal; contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, (b) Road maintenance, but not construction "pollutants"; or or resurfacing; or b. Claim or suit by or on behalf of a governmental (c) Street cleaning; authority for damages because of testing for, (2) Cherry pickers and similar devices mounted monitoring, cleaning up, removing, containing, on automobile or truck chassis and used to treating, detoxifying or neutralizing, or in any raise or lower workers; and way responding to, or assessing the effects of, (3) Air compressors, pumps and generators, "pollutants". including spraying, welding, building 17."Products-completed operations hazard": cleaning, geophysical exploration, lighting a. Includes all "bodily injury" and "property and well servicing equipment. damage" occurring away from premises you However, "mobile equipment" does not include own or rent and arising out of "your product" or land vehicles that are subject to a compulsory or "your work"except: financial responsibility law or other motor vehicle (1) Products that are still in your physical insurance law where it is licensed or principally possession; or garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor (2) Work that has not yet been completed or vehicle insurance law are considered "autos". abandoned. However, "your work" will be deemed completed at the earliest of the 13."Occurrence" means an accident, including following times: continuous or repeated exposure to substantially the same general harmful conditions. (a) When all of the work called for in your contract has been completed. 14."Personal and advertising injury" means injury, including consequential "bodily injury", arising out of (b) When all of the work to be done at the job one or more of the following offenses: site has been completed if your contract calls for work at more than one job site. a. False arrest, detention or imprisonment; (c) When that part of the work done at a job b. Malicious prosecution; site has been put to its intended use by c. The wrongful eviction from, wrongful entry into, any person or organization other than or invasion of the right of private occupancy of a another contractor or subcontractor room, dwelling or premises that a person working on the same project. occupies, committed by or on behalf of its Work that may need service, maintenance, owner, landlord or lessor; correction, repair or replacement, but which d. Oral or written publication, in any manner, of is otherwise complete, will be treated as material that slanders or libels a person or completed. organization or disparages a person's or organization's goods, products or services; e. Oral or written publication, in any manner, of material that violates a person's right of privacy; CU 00 01 04 13 Page 17 of 19 Mr Alaska National SURANCE COPANY b. Does not include "bodily injury" or "property 21."Suit" means a civil proceeding in which damages damage"arising out of: because of "bodily injury", "property damage" or (1) The transportation of property, unless the "personal and advertising injury" to which this injury or damage arises out of a condition in insurance applies are alleged. "Suit" includes: or on a vehicle not owned or operated by a. An arbitration proceeding in which such you, and that condition was created by the damages are claimed and to which the insured "loading or unloading" of that vehicle by any must submit or does submit with our consent; or insured; or b. Any other alternative dispute resolution (2) The existence of tools, uninstalled equipment proceeding in which such damages are claimed or abandoned or unused materials. and to which the insured submits with our 18."Property damage" means: consent or the"underlying insurer's"consent. a. Physical injury to tangible property, including all 22."Temporary worker" means a person who is resulting loss of use of that property. All such furnished to you to substitute for a permanent loss of use shall be deemed to occur at the time "employee" on leave or to meet seasonal or short of the physical injury that caused it; or term workload conditions. b. Loss of use of tangible property that is not 23."Ultimate net loss" means the total sum, after physically injured. All such loss of use shall be reduction for recoveries or salvages collectible, that deemed to occur at the time of the "occurrence" the insured becomes legally obligated to pay as that caused it. damages by reason of settlement or judgments or any arbitration or other alternate dispute method With respect to the ownership, maintenance or use entered into with our consent or the "underlying of "covered autos", property damage also includes insurer's"consent. "pollution cost or expense", but only to the extent that coverage exists under the "underlying 24."Underlying insurance" means any policies of insurance" or would have existed but for the insurance listed in the Declarations under the exhaustion of the underlying limits. Schedule of"underlying insurance". For the purposes of this insurance, with respect to 25."Underlying insurer" means any insurer who other than the ownership, maintenance or use of provides any policy of insurance listed in the "covered autos", electronic data is not tangible Schedule of"underlying insurance". property. 26."Volunteer worker" means a person who is not your As used in this definition, electronic data means "employee", and who donates his or her work and information, facts or programs stored as or on, acts at the direction of and within the scope of created or used on, or transmitted to or from duties determined by you, and is not paid a fee, computer software (including systems and salary or other compensation by you or anyone else applications software), hard or floppy disks, CD- for their work performed for you. ROMs, tapes, drives, cells, data processing devices 27."Your product": or any other media which are used with a. Means: electronically controlled equipment. (1) Any goods or products, other than real 19."Retained limit" means the available limits of property, manufactured, sold, handled, "underlying insurance" scheduled in the distributed or disposed of by: Declarations or the "self-insured retention", whichever applies. (a) You; 20."Self-insured retention" means the dollar amount (b) Others trading under your name; or listed in the Declarations that will be paid by the (c) A person or organization whose business insured before this insurance becomes applicable or assets you have acquired; and only with respect to "occurrences" or offenses not (2) Containers (other than vehicles), materials, covered by the "underlying insurance". The "self- parts or equipment furnished in connection insured retention" does not apply to "occurrences" with such goods or products. or offenses which would have been covered by "underlying insurance" but for the exhaustion of applicable limits. CU00010413 Page 18 of 19 iffir Alaska National INSURANCE COMPANY b. Includes: b. Includes: (1) Warranties or representations made at any (1) Warranties or representations made at any time with respect to the fitness, quality, time with respect to the fitness, quality, durability, performance or use of "your durability, performance or use of"your work"; product"; and and (2) The providing of or failure to provide (2) The providing of or failure to provide warnings or instructions. warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28."Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. ©Insurance Services Office, Inc., 2012 CU 00 01 04 13 Page 19 of 19 . �!_SAM*oov® LARIVIERE, INC. DUNS Unique Entity ID SAM Unique Entity ID CAGE/NCAGE 860988703 FQQUSFBGHBS5 52BV9 Purpose of Registration Expiration Date Registration Status All Awards Aug 27,2021 Active Physical Address Mailing Address 17564 N Dylan CT 17564 N Dylan Court Rathdrum,Idaho 83858 Rathdrum,Idaho 83858 United States United States Doing Business as Division Name Division Number (blank) 04-15-2019 04-15-2019 Congressional District State/Country of Incorporation URL Idaho 01 Idaho/United States (blank) Registration Dates Activation Date Submission Date Initial Registration Date Sep 2,2020 Aug 27,2020 May 13,2008 Entity Dates Entity Start Date Fiscal Year End Close Date Apr 1,2007 Dec 31 Immediate Owner CAGE Legal Business Name (blank) (blank) Highest Level Owner CAGE Legal Business Name (blank) (blank) Executive Compensation Registrants in the System for Award Management(SAM)respond to the Executive Compensation questions in accordance with Section 6202 of P.L.110-252,amending the Federal Funding Accountability and Transparency Act(P.L.109-282).This information is not displayed in SAM.It is sent to USAspending.gov for display in association with an eligible award.Maintaining an active registration in SAM demonstrates the registrant responded to the questions. Proceedings Questions Registrants in the System for Award Management(SAM)respond to proceedings questions in accordance with FAR 52.209-7, FAR 52.209-9,or 2.C.F.R.200 Appendix XII.Their responses are not displayed in SAM.They are sent to FAPIIS.gov for display as applicable.Maintaining an active registration in SAM demonstrates the registrant responded to the proceedings questions. I authorize my entity's non-sensitive information to be displayed in SAM public search results: Yes Business Types Entity Structure Entity Type Organization Factors Corporate Entity(Not Tax Exempt) Business or Organization Subchapter S Corporation Profit Structure For Profit Organization Government Types (blank) LabsupuamaayuumieauntyUntlU Li,LULUGII .US'Dvi ...- Accepts Credit Card Payments Debt Subject To Offset No No Electronic Business 17564 N Dylan Court Cathie Bailey,Compliance Officer Rathdrum,Idaho 83858 United States THOMA Lariviere 24290 N Vlazy S Lane Athol,Idaho 83801 United States Government Business 9. 17564 N Dylan Court Lori Toews,CFO Rathdrum,Idaho 83858 United States THOMAS Lariviere 24290 N Vlazy S Lane Athol,Idaho 83801 United States Past Performance PO Box 100 Thomas Lariviere Athol,Idaho 83801 United States NAICS Codes Primary NAICS Codes NAICS Title Yes 238910 Site Preparation Contractors Disaster Response Yes,this entity appears in the disaster response registry. States Counties Metropolitan Statistical Areas Idaho (blank) (blank) Montana Washington