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22-180.00 MDM Construction: On Call Road Graders for Snow Removal Contract No. 22-180 AGREEMENT FOR SERVICES MDM Construction On Call Road Graders for Snow Removal 2022-2023 Snow Season THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and MDM Construction.,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A.Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by April 30,2023, unless the time for performance is extended in writing by the Parties. MDM Construction. Page 1 of 8 Contract No. 22-180 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $120.000 as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. 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 Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: MDM Construction Phone: (509)720-5000 Phone:208-762-7236 Address: 10210 East Sprague Avenue Address:PO Box 2006 Hayden,ID 83835 6.Applicable Laws and Standards. The Parties, in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction documents,and services shall conform to all federal,state,and local statutes and regulations. 7. 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 MDM Construction. Page 2 of 8 Contract No.22-180 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. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant 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. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.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 Consultant'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. 11.Insurance. Consultant shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages 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(ISO)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 independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least MDM Construction. Page 3 of 8 Contract No. 22-180 as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence,and$2,000,000 general aggregate. C.Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant 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 Consultant, irrespective of whether such limits maintained by Consultant 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 Consultant. 4.Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees,from any and all claims,actions,suits,liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by MDM Construction. Page 4 of 8 Contract No.22-180 Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. 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 Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51, RCW, solely for the purpose 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. 13.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. A waiver in one instance shall not be held to be a 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. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that an arbitrator's decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.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, MDM Construction. Page 5 of 8 Contract No.22-180 accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,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. Consultant 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 Consultant 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 Consultant of Consultant'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. Consultant 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 Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant 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 Consultant'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 Consultant under the Agreement until Consultant complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in, or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter MDM Construction. Page 6 of 8 Contract No.22-180 into any litigation to protect the interests of the City. In addition,Consultant 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 Consultant 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;and 49 Part 26; 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 U.S.C. §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; MDM Construction. Page 7 of 8 Contract No. 22-180 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 el seq.). 22. Business Registration. Prior to commencement of' work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 23. 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. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Equipment and Pricing [3. Scope of Services C. Insurance Certificates J� The Parties have executed this Agreement this I day of 116VAP --• 12ef ,2021 CITY OF SPOKANE VALLEY Consult nt: c41John I lot nan, City Manager / y: (111 t f C(ti Aod ytb�,, rre- .�— Its: Authorized Representative APPROVED AS TO FORM: Of c of the City Attorney MDM Construction Group,Inc.. Page 8 of 8 ATTACHMENT "A" EQUIPMENT AND PRICING 2022-2023 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL Name: MDM Construction Group, Inc. Signature:;! Mitch Swenson, President Date: October 7, 2022 ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR (all equipment rates to include operator labor) YEAR AVAILABLE CAT 140 M Motor Grader 2014 1 $180.00 CAT 14 M Motor Grader 2008 1 $180 . 00 Komatsu 380 Wheel Loader 2014 1 $145.00 Komatsu 380 Wheel Loader 2015 1 $145.00 Komatsu 320 Wheel Loader 2014 1 $140. 00 Komatsu 320 Wheel Loader 2018 1 $140. 00 Dump Truck (Solo) 2006 1 $155 .00 ANY OTHER CHARGES (if not included in above rates, such as travel time) Mobilization: Per Call / Per Equipment______ $550.00 9 ATTACHMENT B -SCOPE OF SERVICES SCOPE OF SERVICES The scope of Services will include, but is not limited to, the following: 1. The Contractor shall have a motor road grader 140G or equivalent with no larger than a 14' moldboard and be able to supply themselves tire chains and replacements. 2. The Contractor shall provide grader operators for 12-hour shifts. Generally, a full city residential plow takes 48 hours to complete. 3. Road Graders must be able to work on city streets with lights and a flashing hazard (work light). Road Graders shall be able to work continuously until the snow emergency event ends and released by the City. DESCRIPTION OF WORK REQUIRED Work required includes activities described in the Scope of Services and may include, but not be limited to, the following description list: 1. The City will instruct Contractor/Operator on which routes/areas are to be plowed. 2. The Contractor shall perform work in compliance with requirements of all applicable codes and standards of governing authorities having jurisdiction, including provision for adequate protection to persons and property by means of insurance, bonding, traffic, etc. RESPONSE TIME EXPECTATIONS 1. The Contractor shall provide a 24 hour a day contact number, name, and be able to report with 12-hour advance notice. 2. Contractor shall call back within 30 minutes after initial call is made from the City requesting their services. After 30 minutes, the next Contractor on the list will be contacted. 3. The Contractor shall have grader fully fueled and ready to work. ____,........ MDMCONS-04 CLONGINOTTI '4�O" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 9/19/2022 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 suchppee��nppdorsement(s). PRODUCER NAME:CT Spokane Office X (A/C,No,Ext):(509)838-3501ONE (aA/c,No):(866)226-3738 PayneWest Insurance a Marsh McLennan Agency LLC Company 501 N.Riverpoint Blvd.,Ste 403oDRl6: Spokane,WA 99202 1NSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B: MDM Construction Group,Inc. INSURER C: PO Box 2006 INSURER D: Hayden,ID 83835 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. SR TYPE OF INSURANCE INSO yy D POLICY NUMBER (BR MM/ID/YYYY) (EFF MM/DD/YYYYL LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 221 PS 08844 9/1/2022 9/1/2023 DAMAGE TO RENTED 500,000 X X PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 15'000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JE(° LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY (EaMaBINEentSINGLE LIMIT $ 1,000,000 X ANY AUTO X X 221 AS 08844 9/1/2022 9/1/2023 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY _AUTOS yyry BODILY INJURY(Per accident) $ AUT ONLY _AUTOS ONLY PRROPERTY DAMAGE {perPERTnt) $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB ^ CLAIMS-MADE 221 LU 08844 9/1/2022 9/1/2023 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N X 21K WS 11685 11/25/2021 11/25/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBE EXCLUDED? N/A (Mandatory In N E.L.DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:On-Call Road Graders for Snow Removal,2022.2023 Snow Season The City of Spokane Valley Is additional Insured,on a primary/non-contributory basic,Including waiver of subrogation,In accordance with the terms and conditions of the policy. 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 — I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD iMAlaska 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. 15. Voluntary Property Damage Primary and Noncontributory Insurance Limits added: $5,000 occurrence, $10,000 aggregate. 2. Damage To Premises Rented to You Limit increased to$500,000. 1. MISCELLANEOUS ADDITIONAL INSUREDS 3. Medical Payments Section II Who Is An Insured is amended to Limits increased to $15,000. include as an additional Insured any person or Reporting period increased to three years from the organization described in Paragraphs 2.a.through date of accident. 2.h. below whom you are required to add as an Watercraft additional insured on this policy under a written 4. Non-owned Inc d 50 fercet. contract or written agreement. However, the written contract or written agreement must be: 5. Supplementary Payments 1. Currently in effect or becoming effective Cost of bail bonds increased to $10,000. during the term of this policy; and Daily loss of earnings increased to$500. 2. Executed prior to the "bodily injury", 6. Newly Formed Or Acquired Organizations Coverage extended to the end of the policy period "property damage" or"personal injury and advertising injury", but or the next anniversary of this policy's effective date. Only the following persons or organizations 7. Liberalization Clause are additional insureds under this endorsement and coverage provided to such 8. Unintentional Failure To Disclose Hazards additional insureds is limited as provided herein: 9. Notice of Occurrence a. State or Governmental Agency or 10. Broad Knowledge of Occurrence Subdivision or Political Subdivi- sions 11. Bodily Injury - Extension of Coverage Any state or governmental agency or 12. Expected Or Intended Injury subdivision or political subdivision that Reasonable force - bodily injury or property hase issued a permitrfom in connectionyou with damage. operations performed by you or on your behalf and that you are required 13. Blanket Waiver of Subrogation by any ordinance, law or building code includeas an additional insured on Waiver of subrogation where required by written to contract or written agreement. this coverage part is an additional insured, but only with respect to liability for "bodily injury", "property damage", "personal and advertising injury"arising out of such operations. ANIC GL 1267 08 21 Page 1 of 7 Alaska tIonal 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 1267 08 21 Page 2 of 7 Alaska National INSURANCE COMPANY (2) To "bodily injury", "property b. Will not be broader than that damage", or "personal and which you are required by the advertising injury" arising out of contract or agreement to the sole negligence of such provide for such additional additional insured. insured. h. Owners, Lessees or Contractors — 3. With respect to the insurance Ongoing Operations and afforded to these additional Completed Operations insureds, the following additional exclusions apply: 1. Any person or organization for whom you are performing This insurance does not apply to: operations or have performed operations when you and such 1. "Bodily injury", "property person or organization have damage" or "personal and agreed in writing in a contract or advertising injury" arising out agreement that such person or of the rendering of, or the organization be added as an failure to render, any additional insured on your policy; professional architectural, and engineering or surveying services, including: 2. Any other person or organization you are required to add as an a. The preparing, approving, additional insured under the or failing to prepare or contract or agreement described approve, maps, shop in Paragraph 1. above. drawings, opinions, reports, surveys, field Such person(s) or organization(s) is orders, change orders or an additional insured only with respect drawings and specifica- to liability for"bodily injury", "property tions; or damage" or"personal and advertising injury"caused, in whole or in part, by: b. Supervisory, inspection, architectural or a. Your acts or omissions; or engineering activities. b. The acts or omissions of This exclusion applies even if those acting on your behalf;or the claims against any insured allege negligence or c. "Your Work"performed for the other wrongdoing in the additional insured described supervision, hiring, employ- in Paragraph 1. or 2. above ment, training or monitoring of and included in the"products- others by that insured, if the completed operations hazard." "occurrence" which caused the"bodily injury" or"property In the performance of your ongoing damage", or the offense operations or completed operations which caused the "personal for the additional insured described in and advertising injury", Paragraph 1. or 2. above. involved the rendering of, or the failure to render, any However, the insurance afforded to professional architectural, such additional insured described engineering or surveying above: services. a. Only applies to the extent permitted by law; and ANIC GL 1267 08 21 Page 3 of 7 Alaska National 'rye INSURANCE COMPANY Primary And Noncontributory Insurance If a limit is shown for Damage to Premises Rented to You the most we will pay under Coverage A for The following is added to the Other Insurance damages because or "property damage" to any Condition and supersedes any provision to the one premises is the Limit shown in the contrary: Declarations or$500,000, whichever is greater. This insurance is primary to and will not seek 3. MEDICAL PAYMENTS contribution from any other insurance available to an additional insured under your policy provided A. Section III—Limits of Insurance, Paragraph that: 7.is replaced by the following: (1) The additional insured is a Named 7. Subject to Paragraph 5.above the Medical Insured under such other Expense Limit is the most we will pay insurance; and under Coverage C for all medical expenses because of "bodily injury" (2) You have agreed in writing in a sustained by any one person. contract or agreement that this insurance would be primary and If a limit is shown for Medical Expense in would not seek contribution from the Declarations the most we will pay any other insurance available to under Coverage C for all medical the additional insured. expenses because of "bodily injury" sustained by any one person is the Limit Section III - Limits of Insurance, the following is shown in the Declarations or $15,000, added: whichever is greater. With respect to the insurance afforded to the B. This provision 5. (Medical Payments)does not additional insureds described in Paragraphs a. apply if Section I - Coverage C Medical through h.above, the most we will pay on behalf of Payments is excluded either by the provisions such additional insured is the amount of insurance: of the Coverage Part or by endorsement. (1) Required by the contract or C. Paragraph 1.a.(3)(b) of Section I - Coverage agreement; or C - Medical Payments, is replaced by the following: (2) Available under the applicable Limits of Insurance shown in the (b) The expenses are incurred Declarations; and reported to us within three years of the date of the whichever is less. accident; and 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 (i) Less than 50 feet long: is the most we will pay under Coverage A and for damages because of "property 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. ANIC GL 1267 08 21 Page 4 of 7 Arm National INSURANCE COMPANY B. If Paragraph A. does not apply, Paragraph g. a. The statements in the Declarations are (2) of 2. EXCLUSION under SECTION I — accurate and complete; COVERAGES, COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE b. Those statements are based upon LIABILITY is replaced by the following: representations you made to us; and (2) A watercraft that you do not own c. We have issued this policy in reliance that is: upon your representations. (a) Less than 50 feet long; and The unintentional omission of,or unintentional error in, any information you provided to us (b) Not being used to carry which we relied upon in issuing this policy will persons or property for a not prejudice your rights under this insurance. charge. However, this provision does not affect our right to collect additional premium or to 5. SUPPLEMENTARY PAYMENTS exercise our rights of cancellation or nonrenewal in accordance with applicable A. Under Section I -Supplementary Payments laws and regulations. -Coverage A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is 9. NOTICE OF OCCURRENCE replaced by$10,000; The following is added to Paragraph 2. of Section B. In Paragraph 1.d., the limit of$250 shown for IV - Commercial General Liability Conditions - daily loss of earnings is replaced by$500. Duties In The Event of Occurrence, Offense, Claim or Suit: 6. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an Paragraph 3.a. of Section II -Who Is An Insured "occurrence", offense, claim or "suit" and that is deleted and replaced by the following: failure is solely due to your reasonable belief that the "bodily injury" or "property damage" is not Coverage under this provision is afforded only until covered under this Coverage Part. However, you the end of the policy period or the next anniversary shall give written notice of this "occurrence", of this policy's effective date after you acquire or offense, claim or "suit" to us as soon as you are form the organization, whichever is earlier. aware that this insurance may apply to such "occurrence", offense, claim or"suit." 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our form or rules which would broaden coverage for contractors under this The following is added to Paragraph 2. of Section endorsement without an additional premium IV - Commercial General Liability Conditions - charge, your policy will be endorsed before the Duties in The Event of Occurrence, Offense, effective date of the change to provide the Claim or Suit: additional coverages. You must give us or our authorized representative 8. UNINTENTIONAL FAILURE TO DISCLOSE notice of an "occurrence", offense, claim, or"suit" HAZARDS only when the"occurrence", offense,claim or"suit' is known to: SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS — Paragraph 6. — (1) You, if you are an individual; Representations is replaced by the following: 6. Representations By accepting this policy, you agree: ANIC GL 1267 08 21 Page 5 of 7 Alaska' 16 teal ' ` INSURANCC COIVMPANY (2) A partner, if you are a partnership; 14. IN REM ACTIONS (3) An executive officer or the Any action in rem against any vessel owned, employee designated by you to operated by or for, or chartered by or for you will give such notice, if you are a be treated in the same manner as though the corporation; or action were in personam against you. (4) A manager, if you are a limited 15. VOLUNTARY PROPERTY DAMAGE liability company. 11. EXPANDED BODILY INJURY The following is added, Section I—Coverage A— Bodily Injury and Property Damage Liability 1., Section V - Definitions, the definition of "bodily Insuring Agreement: injury" is changed to read: We will pay, at your request, for "property "Bodily injury" means bodily injury, sickness or damage" to property of others while in the care, disease sustained by a person, including death, custody or control of an insured, arising out of humiliation, shock, mental anguish or mental injury your business operations away from your insured by that person at any time which results as a premises for which this policy is written and consequence of the bodily injury, sickness or occurring during the policy period. disease. 12. EXPECTED OR INTENDED INJURY However, the "property damage" must be the result of unintentional damage or destruction but Exclusion a. of Section I - Coverage A - Bodily does not include disappearance, theft, or loss of Injury and Property Damage Liability is replaced use. by the following: You agree with us that we shall have no duty to a. "Bodily injury" or "property damage" defend any claims and/or "suits" for which the expected or intended from the only coverage provided is under this coverage standpoint of the insured. This extension. exclusion does not apply to "bodily injury" or "property damage" resulting For the purpose of this coverage only, Section I— from the use of reasonable force to Coverage A — Bodily Injury and Property protect persons or property. Damage Liability 2. Exclusions J. (4.) is 13. BLANKET WAIVER OF SUBROGATION deleted. The Transfer Of Rights Of Recovery Against As respects coverage afforded under Voluntary Others To Us Condition (Section IV - Property Damage, the following is added to Commercial General Liability Conditions) is Section III—Limits of Insurance: amended by the addition of the following: Regardless of the number of insureds, claims or "suits" brought, or persons or organizations We waive any right of recovery against any person "suits": or organization, because of any payment we make making claims or bringing under this Coverage Part,to whom the insured has 1. Subject to 2. Below, the most we will pay for waived its right of recovery in a written contract or "property damage" arising from any one agreement. Such waiver by us applies only to the "occurrence" arising out of "property damage extent that the insured has waived its right of recovery against such person or organization prior to property of others caused by you and while to loss. in your care, custody or control is$5,000. ANIC GL 1267 08 21 Page 6 of 7 i 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 Alaska National k 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 Policy Insured Endorsement No. Countersigned By ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 Page 2 of 2 {i 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 eitheSECTION III — PHYSICAL DAMAGE COVERAGE, Causes ofC Loss Coverage.a or Specified will pay Paragraph A.3. — Glass Breakage — Hitting a Bird of Loss We will pay for temporary transportation expenses or Animal — Falling Objects or Missiles is replaced by the following: incurred during the period beginning 48 hours after the theft and ending, Glass Breakage—Hitting a Bird or Animal regardless of the policy's expiration, —Falling Objects or Missiles when the covered "auto" is returned to use or we pay for its"loss". If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal; and ANIC CA 1150 10 13 Page 2 of 4 f Alaska National L INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A.4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following: for the "auto" withdrawn from service; or b. Loss of Use Expenses— Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows: We will pay for loss of use expenses, if caused by: d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service. the covered "auto" has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service. Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss" to a covered "auto"that is a: expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck; Paragraph A.4.c.—Non-Transportation Loss of Use Expenses is added as follows: (3) Pick-up truck; c. Non-Transportation Loss of Use (4) Panel; or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto", if Vehicle Weight. Payment applies in caused by: addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto". No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service; • ANIC CA 1150 10 13 Page 3 of 4 Alaska National CE COPANY (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 Policy No. Insured Endorsement No. Countersigned By - , ©Insurance Services Office, Inc., 2009 ANlC CA 1150 10 13 Page 4 of 4 ; 11Alaska National INSURANCE 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 November 25, 2021 Policy No. 21K WS 11685 Insured MDM Construction Group, Inc. Endorsement No. Countersigned By Sage. '4tco€t PayneWest Insurance, Inc/Spokane WC 00 03 13(04 84)