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23-034.00 Anytime Towing: Park Gate Closure Svcs ontract No. 23-034 AGREEMENT FOR SERVICES Anytime Towing THIS AGREEM NT is made by and between the City of Spokane Valley, a cod, City of the State of Washington,hereinafter"City"and Anytime Towing,hereinafter"Consultant,"join I y referred to as"Parties." IN CONSIDERATION of the terms and c nditions contained herein,the Parties agre- as follows: 1. Work to Be Performed. Consultant shall pr vide all labor, services, and material to .atisfactorily complete the Scope of Se "ices,attached as Exhibi A. A.Administration The City Manager or d signee shall administer and be the prima contact for Consultant. Prio to commencement of ork, Consultant shall contact the City Manager or designee to revie the Scope of Services, schedule, and date of completion. Upo notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Se ices, stop work, and romptly cure any failure in performanc- under this Agreement. B. Representation . City has relied upon the qualifications of Consultant in ente 1 ng into this Agreement. By execution of this Agreem nt, Consultant represents it possesses the .bility, skill, and resources necessary to perform the ork and is familiar with all current law., rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be ade without the prior written consent of City. Consultant represe is that the compensation as stated in paragraph 3 is adequate and ,ufficient for the timely provision of all professional se I ices required to complete the Scope of Services under this Agreement. Consultant shall b. responsible for the tec ical accuracy of its services and documents resulting therefrom,and Ci , shall not be responsibl for discovering deficiencies therein. Co sultant shall correct such defic encies without additional compensation except to the extent s ch action is directly attributabl1 to deficiencies in City-furnished information. C. Standard of Cire. Consultant shall xercise the degree of skill and diligen e normally employed by professional consultants eng ged in the same profession, and perform.ng the same or similar services hat the time such services are performed. D. Modifications. 1 City may modify this Agreement and order changes in the wo k whenever necessary or advisable. Consultant will acqept modifications when ordered in writin;, by the City Manager or desig Nee, so long as the additional work is within the scope of Consult;nt's area of practice. Compensation for such modifica�ions or changes shall be as mutually agr-ed between the Parties. Constant shall make such re isions in the work as are necessary to co ect errors or omissions appear g therein when required o do so by City without additional compe sation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and .hall remain in effect until completio of all contractual re uirements have been met as determined by City. Consultant shall complete is work by December 3 5L, 2023, unless the time for performance is extended in writing by the Parties. t is also understood tha this is a"pilot program" and as such the parties may Agreement for Services(without rofessional liability coverage) Page 1 .f 10 Contract No. 23-034 review and adjust the scop- of work and compensa ion terms within the first 45 days as may be necessary. Further, consultant may,d ring this 45-day pilot p ogram,terminate the Agreement with at least 10 days' written notice to the City. Either Party may terminate this Agreement for mat rial breach after providing the other Party with at least 10 days' prior notice anc an opportunity to cur- the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written not ce to Consultant. In the event of termination without breach, City shall pay Co sultant for all work pre iously authorized and satisfactorily perfor ned prior to the termination date. 3. Compensation. City a rees to pay Consultant a flat fee of$40.00 per gate closure, (which includes Washington State Sales if any is applicable) as full compensation for everything dor e under this Agreement, as set forth iiiExhibit B. Consult..t shall not perform any extra, further, or additional services for which it will request additional compe sation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant s`rall 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 detennined 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: Ammar Shahin Phone: (509)720-1000 Phone: 509-270-9444 Address: 10210 East Sprague Avenue Address: 5908 E Knox Ave Spokane Valley,A A 99206 Spokane Valley,WA 99212 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,aril id services shall conform to all federal, state,and local statutes and regulations. 7. Certification Regarding rdigg Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing is Agreement, the Consultant certifies to the best of its knowledge and belief that it and its princ pals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, r voluntarily excluded om 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 obtai ing, attempting to obtain, or performing a public Agreement for Services(without professional liability coverag ) Page 2 of 10 I ontract No. 23-034 (federal, sate, or local) transactio or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, for:ery, bribery, falsificatio .or destruction of re ords, making false statements, or rec- ving stolen property; 3. Are not presently indic ed for or otherwise criminally or civilly 'harged by a governme tal entity (federal, stat , or local) with commission of any of he offenses enumerate in paragraph(A)(2)of is certification;and 4. Have not within a three-year period preceding this application/proposal had one or mo e public transactions(fe eral, state, or local)terminated for cause or default. B. Where the prospective primary particip nt is unable to certify to any of the state 0 ents in this certification, such IS rospective participant s all attach an explanation to this Agreeme:t. 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, t at City is interested in only the results to to achieved, and that the right to control the particular manner, ethod,and means in which the services . e performed is solely within the discretion of Consultant. Any :nd all employees who provide services is City under this Agreement shall be deemed employees so1-1y of Consultant. The Consultant sh. be solely responsible for the conduct and actions of all its e iployees under this Agreement and any I iability that may attach thereto. 9. Ownership of Documents. All drawings,plans, specifications, and other related docum:' is prepared by Consultant under this Agreement are and shall be the property of City, and may b- subject to disclosure pursuant to chapter 42.56 RCW or othel- applicable public record laws. The writ en, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement .hall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain thes= documents, including reproducible camera-ready originals of re orts,reproduction quality mylars of map.,and copies in the form of computer files, for the City's us . City shall have unrestricted authori to publish, disclose, distribute, and otherwise use, in whole o in part, any reports, data, drawings, ima les, or other material prepared under this Agreement, provided that Consultant shall have no liability fir the use of Consultant's work product outside of the scope of i s intended purpose. 10. Records. The City or State Auditor or any o !their representatives shall have full acce•s to and the right to examine during normal business hours a 1 of Consultant's records with respect t: all matters covered in this Agreement Such representatives s all be permitted to audit, examine, mak: excerpts or transcripts from such recor s,and to make audits o all contracts, invoices, materials,payroll., and record of matters covered by this Agreement for a periodof three years from the date final pay ent is made hereunder. 11. Insurance. Consulta t shall procure and m:intain for the duration of the Agreeme t, insurance against claims for injuries to persons or damage to property which may arise from or in co: ection with the performance of the ork hereunder by Co sultant, its agents, representatives, e iployees, or subcontractors. A. Minimum Sco a of Insurance. Cons ltant's required insurance shall be of t:e types and coverages described below: 1. Autom bile liability insurance covering all owned, non-owned, hired, and leased Agreement for Services(without rofessional liability coverag•) Page 3 .f 10 1 ontract No. 23-034 vehicles. Coverage shall be at least as broad as Insurance Services Office(I'O)form CA 00 01. 2. Comm rcial general liability ' surance shall be at least as broad as IS II occurrence form CG 00 01 and shall cover liability arising from premises, operati• s, stop-gap independe t contractors and perso al injury, and advertising injury. City sh:11 be named as an additional insured under Co sultant's commercial general liability ins rance policy with respect to the work performe for the City using an additional insured -ndorsement at least as road as ISO CG 20 26. 3. Worker ' compensation covera e as required by the industrial insuranc: laws of the State of'Washington. B.Minimum Amounts� of Insurance. Cons itant shall maintain the following insuran e limits: 1.Automobile liability insurance with a minimum combined single limit for •odily injury and property damage of$1,000,00C per accident. 2. Commercial general liability 'nsurance shall be written with limits o less than $2,000,006 each occurrence,and$ ,000,000 general aggregate. C. Other Insurance Provisions. The Co sultant's policies are to contain, or be endorsed to contain, the following provisions for a tomobile liability and commercial general liability insurance: 1. Consult nt's insurance coverag shall be primary insurance with respect to the City. Any insurance, self-insurance, or s If-insured pool coverage maintained by ity shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City d all additional insured for this work ith written notice of aly policy cancellation w thin two business days of their receipt of•uch notice. 3. If Consultant maintains higher i surance limits than the minimums sho above, City shall be inured for the full availab e limits of commercial general and exces• or umbrella liability maintained by Consultan , irrespective of whether such limits m;intained by Consultant)are greater than those required by this Agreement or whether any ertificate of insurance furnished to the City evil.exces limits of liability lower than thos: maintained by Consultant. 4.Failure Qn the part of Consultant to maintain the insurance as required shal constitute a material b each of the Agreement upon which the City may, after giving at least five business days' notice to Consult., t to correct the breach, immediately t:rminate the Agreemen, or at its sole discretion, procure or renew such insurance and pa any and all premiums n connection therewith with any sums so expended to be repai• to City on demand, o at the sole discretion o the City, offset against funds due Consul. t from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a curre A.M. Best rating of not less t an A:VII. ir Agreement for Services(without rofessional liability coverag-) Page 4 if 10 E. Evidence of CO verage. As evidence o the insurance coverages required by thi• onAgreetracmt entNo, 23-034 Consultant shall 'Furnish the City with riginal certificates and a copy of the amendatory endorsements, in luding but not necess ily limited to the additional insured :ndorsement, evidencing the ins rance requirements of t e Agreement before commencement of th- work. 12. Indemnification and Hold Harmless. Cons tant shall, at its sole expense, defend, inui emnify, and hold harmless City and its officers, agents, and employees, from any and all claims, a tions, suits, liability, loss, costs, attorney's fees, costs of litig tion, expenses, injuries, and damages o' any nature whatsoever relating to or a sing out of the wrong 1 or negligent acts, errors, or omissions i the services provided by Consultant, Consultant's agents, subs ntractors, subconsultants, and employees o the fullest extent permitted by law, s'bject only to the limitati ns provided below. However, should a court of competent jurisdicti n determine that this Agreement is subj-ct to RCW 4.24.115, then, in the event of liability for damage arising out of bodily injury to persons o damages to property caused by or resu#ting from the concurren negligence of the Consultant and the Ci ,its officers, officials, employees, and volunteers, the Consult nt's liability, including the duty and co t to defend, hereunder shall be only o the extent of the Co sultant's negligence. It is further spe ifically and expressly understood that the indemnification pr vided herein constitutes the Consultant s waiver of immunity under Industrial nsurance, Title 51, RCW, solely for the purpose of this indemnif ation. This waiver has been mutuall negotiated by the parties. The provisions of this section shal survive the expiration or termination o this Agreement. 13. Waiver. No officer, mployee, agent, or other individual acting on behalf of either 'arty has the power, right, or authority o waive any of the con itions or provisions of this Agreement. A waiver in one instance shall not be eld to be a waiver of ny other subsequent breach or nonperfo ance. All remedies afforded in this Agreement or by law sha I be taken and construed as cumulative an. in addition to every other remedy provided herein or by law. ailure of either Party to enforce at any ti e any of the provisions of this Agreement or to require at any ime performance by the other Party of a y provision hereof shall in no way be construed to be a waiver f such provisions nor shall it affect the v.lidity of this Agreement or any part thereof. 14. Assignment and Del Ration. Neither Party may assign, transfer, or delegate any :r all of the responsibilities of this Agreement or the benefits r ceived hereunder without prior written c.nsent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into sub ontracts for any of the work contempla-ed under this Agreement without obtaining prior written approval If City. 16. Confidentiality. Consultant may, from tune-to time,receive information which is deem:d by City to be confidential. Consults t shall not disclose such information without the prior express wr tten consent of City or upon order of a ourt of competent jurisd ction. 17. Jurisdiction and Venue. This Agreement is e tered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved i the Superior Court of the State of W shington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City' request, be joined as a party in any an titration proceeding between City and any third party that includ:s a claim or claims that arise out of, of that are related to Consultant's services under this Agreement. Consultant further agrees that an arbitrator's decision there• shall be final and binding on Consult; t and that judgment may be entered u on it in any court havin jurisdiction thereof. Agreement for Services(without. rofessional liability coverag ) Page 5 .f 10 Contract No. 23-034 18. Cost and Attorneys Fees. The prevailing p in any litigation or arbitration arising out of this Agreement shall be entitl d to its attorney's fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. this written Agreement onstitutes the entire and complete agreement between the Parties and supersedes any prior oral or writt n agreements. This Agreement may not be changed, modified,or altered excep in writing signed by the Parties hereto. 20. Anti-kickback. No o 1ficer or employee of Ci , 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 Agreeinel t. 21. Assurance of Com'1fianc e with A I i licable Federal Law. During the performance of this Agreement,the Consultant, for itself,its assignees, .nd successors in interest agrees as follows: A. Compliance with Regulations. Cons ltant shall comply with the federal laws set forth in subsection G, belolw ("Pertinent Non-Disc imination 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 o f this Agreement. B. Non-discrimination. Consultant, wi h regard to the work performed by it during this Agreement,shall riot discriminate on the • ounds of race, color, or national origin in the selection and retention of s.ibcontractors, 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 employm:nt practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations fbr Subcontracts, Includi g Procurements of Materials and Equipment. In all solicitations, either by competitive biddin , or negotiation made by Consultant for work to be performed under a�subcontract, including p ocurements of materials, or leases of equipment, each potential subcontr ctor or supplier shall e notified by Consultant of Consultant'E obligations under this Agreement and the Acts and t e Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Consultant s all provide all information and reports reauired by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of info ation, and its facilities as may be determined by the City or the WSDOT to be pertinent to a certain 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 ap?ropriate, and shall set f rth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In t e event of a Consultant's noncomplian e with the nondiscrimination Provisions of this Agree ent,the City will impose such contract sanctions as it or the WSDOT may determine to be appro riate,including,but not limited to: 1. Withho ding payments to Cons ltant under the Agreement until Consultant complies; and/or Agreement for Services(without, rofessional liability coverag ) Page 6 of 10 I ontract No. 23-034 2. Cancel ing,terminating,or suspending the Agreement, in whole or in part F. Incorporation of Provisions. Consultant shall include the provisions of paragr.phs of these Contract Clauses in every subcontract, including procurements of materials . d leases of equipment, unles exempt by the Acts, regulations and directives issued purs'ant thereto. Consultant shall take action with respect o any subcontract or procurement as the City or the WSDOT may direct as a means of nforcing such provisions, including s: ctions for noncompliance. Provided,that if Consulta t becomes involved in, or is threatened ith litigation by a subcontracto or supplier because of such direction, Consultant may request hat the City enter into any litigation to protect the interests of the City. In addition, Consultant may request the United States t enter into the litigation to protect the interests of the United State.. G. Pertinent No -Discrimination Author ties: During the performance of this Ag eement, the Consultant agrees) to comply with the f llowing non-discrimination statutes an. authorities; including but not limited to: Title VI cif the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 7 t stat. 252), (prohibits discrimination on the ba is of race, color,national origin); and 49 i FR Part 21; and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies •ct of 1970, (42 U.S.C. §4601), (prohibits unfai treatment of persons displaced or whose i.roperty has been acquired because of Federal o Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits disc mination on the basis of sex); Section 594 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), :s amended, (prohibits V iscrimination on the basis of disability);and 49 CFR Part 27; The Age (iscrimination 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, Sectio 47123), as amended, prohibits discrimination based on race, creed, color,national orig. or sex); The Civil Rights Restoration Act or 1987, (PL 100-209), (Broadened the sco.e, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discri ination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the •efinition of the terms 'programs or activities' to include all of the programs or acti ities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federa ly funded or not); I Titles II and III of the Americans with Disabilities Act, which prohibit discr mination on the basis of disability in the operation of public entities, public and private tr.nsportation systems, fllaces of public accoi modation, and certain testing entities (42 U.S.C. §§12131-1�1189) as implemented by Department of Transportation regul.tions at 49 C.F.R.pars 37 and 38; Agreement for Services(without rofessional liability coverag I) Page 7•f to Contract No. 23-034 The Fede al Aviation Administra on's Non-discrimination statute (49 U.S.C. §47123) (prohibits iscrimination on the ba is of race, color,national origin,and sex); Executive Order 12898, Federal ctions to Address Environmental Justice in Minority Populations and Low-Income Po ulations, which ensures Non-discrimination against minority populations by disco aging programs, policies, and activities with disproport.onately high and adver e human health or environmental effects on minority and low-income populations; Executive Order 13166, Improvin Access to Services for Persons with Limited English Proficiency, and resulting agent guidance, national origin discriminaton includes discrimination because of Limited nglish proficiency(LEP). To ensure compliance with Title VI, you must take reasonab a steps to ensure that LEP persons have meaningful access to your programs(70 Fed. leg. at 74087 to 74100); and Title IX of the Education Amend ents of 1972, as amended, which prohibits you from discriminating because of sex in ducation programs or activities (20 U.S.C. §1681 et seq.). 22. Business Registratioi. Prior to commence ent of work under this Agreement, Consultant shall register with the City as a 'usiness if it has not alre dy done so. 23. Severability. If any Section, sentence, claus , or phrase of this Agreement should be held to be invalid for any reason by 'court of competent juri diction, such invalidity shall not affect the validity of any other section, sentence clause, or phrase of thi Agreement. 24.Exhibits. Exhibits atta hed and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have e ecuted this Agreement bis Z'1 r lay of January,2023. CITY OF SPOKANE V LEY Consultant: J n Hohman,City Managbr y: Its: Authorized Representative APPROVED AS TO FORM: Office oI e City , ' •rne Agreement for Services(without 'rofessional liability coverag=) Page 8 of 10 Exhibit A Scope of Work Consultant shall provide Park Gate Closure services at the City of Spokane Valley's Sullivan Park located at 1901 N Sullivan Rd, Spokane Valley, 99216. The main park gate at the entrance to the parking lot on Sullivan Road shall be closed and locked by the Consultant at approximately 11:00 p.m. seven days per week(Monday—Sunday)whenever practicable. The park gates are intended to be opened in the mornings at 6:00 am.by Spokane County SCOPE volunteers. Coordination with Spokane County SCOPE is an essential component of this agreement. Contact information for communication with SCOPE is provided below. In instances when the park gate is unable to be closed at night by the Consultant due to weather, security concerns, or any other circumstance, Consultant shall immediately notify the SCOPE Director and Program Manager via text message, and the City Parks&Recreation Director via email that the gate has not been closed. Consultant is under no obligation to close the gates should they reasonably believe that there is a risk of harm to them or their employees. Should members of the public request reasonable accommodations to leave the park via a motor vehicle, Consultant shall delay closing the gate for up to 5 minutes. The presence of a vehicle alone will not be grounds to delay closing the gates. Should members of the public request information on gate closures,they should be directed to the City Parks&Recreation Director. In instances when the park gate is unable to be opened in the morning by SCOPE volunteers the Consultant will be additionally responsible for opening the gate upon notification from SCOPE;in such instances when the Consultant opens the park gate the City shall compensate the Consultant at the same rate as for closing the gate as outlined in Exhibit B. The gate(2 panels)is secured with combination locks the code for which shall be provided to the Consultant and to SCOPE by the City. Note:Sullivan Park also includes a Western Dance Hall which is a city-owned facility that is operated by the Western Dance Association through a separate agreement with the City. Dance activities are permitted to and do occur in the Dance Hall up to seven days per week beyond park hours but are generally finished before 11:00 p.m. On occasion the Consultant may be contacted by the Western Dance Association to request the closure of the gate be delayed past 11:00 p.m. which the Consultant shall accommodate. This is not expected to occur more than one to three times per year. Anytime Towing—Gate Closure Services Agreement Key Contacts Consultant: • Ammar Shahin, Tel 509-270-9444, email: anytimetowingspokane@gmail.com City: • John Bottelli,Parks&Recreation Director, Tel 509-370-9572, email jottelli@spokanevalley.org Spokane County SCOPE: • Christine Conway,Director,Tel 509-995-4819,email: cconway spokanesheriff.org • Margaret Asbell, Program Manager,Tel 509-867-6342, email masbell@spokanesheriff.org Western Dance Association: • Jon Love,WDA Board President,Tel 509-280-2035, email jonvlove@comcast.net Exhibit B Fee Proposal The City shall pay the Consultant$40.00 per gate closure(or opening)as described in Exhibit A. In instances where the Consultant travels to the park but is unable to close(or open)the gate the City shall still pay the Consultant the$40.00 fee. No fee shall be due to the Consultant if no trip is made to the park. The Consultant shall provide the City with an itemized billing including time-stamped photographs for all applicable charges incurred on a monthly basis. ^....40 ANYTTOW-01 BCHAVEZ ACORUA DATE(MM/DD/YYYY) 4.....---- CERTIFICATE OF LIABILITY INSURANCE 1/20/2023 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 (A/CONE ,Ext):(509)838-3501 I FAX No):(866)226-3738 PayneWest Insurance,a Marsh McLennan Agency LLC Company E-MAIL 501 N.Riverpoint Blvd.,Ste 403 ADDRESS: Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Pioneer Specialty Insurance Company 40312 INSURED INSURER B:Western National Assurance Company 24465 Anytime Towing INSURER C: 5908 E Knox INSURER D: Spokane,WA 99212 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/DDIYYYY) IMM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP 1101677 08 10/12/2022 10/12/2023 DAMAGES(RENTED 100,000 X X PREMISES(Ea occurrences $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY (Ea accident) $ ANY AUTO X X CPP 1101158 08 10/12/2022 10/12/2023 BODILYINJURY(Perperson) $ OWNED AUTOS ONLY x AUTOSULED BODILY INJURY(Per accident) $ X HIREDT ONLY X NON-OWNEDUUT N (Per accidentDAMAGE $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 EXCESS LIAB CLAIMS-MADE CPP1101677 1/19/2023 10/12/2023 AGGREGATE $ 1,000,000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 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) City of spokane Valley is an additional insured when required by contract per the forms attached. 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,WA 99206 AUTHORIZED REPRESENTATIVE I rgish)04C,44.41 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY CG MU 0009 06 22 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGES PAGE Bodily Injury And Property Damage Liability • Non Owned Watercraft Up To 50 Feet 2 Property Damage Liability • Elevators 3 • Fire, Lightning, Explosion Or Sprinkler Leakage Exception 3 • Borrowed Equipment($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence 3 Supplementary Payments—Amended • Bail Bonds Up To $5,000 3 • Loss of Earnings Up To $500/Day 3 Who Is An Insured Amendments • Employee Bodily Injury To A Co-Employee 4 • Newly Formed Or Acquired Organizations For Up To 180 Days 4 • Blanket Additional Insured—Vendors—As Required By Contract 4 • Blanket Additional Insured—Lessor Of Leased Equipment 6 • Blanket Additional Insured—Managers Or Lessors Of Premises 6 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations 7 • Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises 8 Damage To Premises Rented To You — $300,000 9 Medical Payments Increased Limit — $10,000 Or Amount Shown on Declarations 9 Conditions • Knowledge of Occurrence, Offense, Claim Or Suit Amended 9 • Unintentional Failure To Disclose Hazards 9 • Waiver of Subrogation 10 Insured Contract Amended 10 Personal And Advertising Injury Redefined • Televised,Videotaped Or Electronic Publication 10 CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 10 COMMERCIAL GENERAL LIABILITY CG MU 0009 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. SECTION I—COVERAGES AMENDMENTS COVERAGE A—BODILY INJURY AND PROPERTY DAMAGE LIABILITY A. Non Owned Aircraft Or Watercraft Item 2. Exclusions, Paragraph g. is replaced by the following: g. Aircraft, Auto Or Watercraft "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the super- vision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or"property damage"involved in the ownership, maintenance, use or entrustment to others of any aircraft, "auto"or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 50 feet long; and (b) Not being used to carry persons or property for a charge; This Subparagraph (2) applies to any person, who with your expressed or implied consent, either uses or is responsible for the use of the watercraft; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any"insured contract" for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury'or"property damage"arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of"mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f. (2) or f. (3) of the definition of "mobile equipment". CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 10 B. Damage To Property Coverage Extensions Item 2. Exclusions, Paragraph j. is replaced by the following: j. Damage To Property "Property damage"to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the"property damage"arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion or sprinkler leakage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — LIMITS OF INSURANCE. However, the provisions of this paragraph do not apply if coverage for Damage To Premises Rented To You is excluded by endorsement. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (4) of this exclusion does not apply to "property damage"to borrowed equipment while not being used to perform operations at the jobsite. Subject to Paragraph 2. of SECTION III—LIMITS OF INSURANCE, the rules below fix the most we will pay for"property damage"under this provision: (1) $25,000 any one "occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence"; (2) $50,000 annual aggregate; and (3) We will pay only for damages in excess of$2,500 as a result of any one"occurrence", regardless of the number of persons or organizations who sustain damages because of that"occurrence". We may, or if required by law, pay all or any part of any deductible amount, if applicable, to effect settlement of any claim or"suit". Upon notice of our payment of a deductible amount,you shall promptly reimburse us for the part of the deductible amount we paid. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard". The insurance provided for "property damage" from the use of elevators and for "property damage" to borrowed equipment is excess over any other valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis. C. Damage To Premises Rented To You Item 2. Exclusions, the last paragraph is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Paragraph 6. of SECTION III—LIMITS OF INSURANCE. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 10 COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY D. Personal And Advertising Injury Item 2. Exclusions is amended by replacing Sub-paragraphs b. and c.with the following: b. Material Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. SUPPLEMENTARY PAYMENTS—COVERAGES A AND B E. Supplementary Payments—Coverages A and B Item 1. is amended by replacing Subparagraphs b. and d.with the following: b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II—WHO IS AN INSURED AMENDMENTS A. Employee Bodily Injury To A Co-Employee Paragraph 2. a. (1) is replaced by the following: However, none of these "employees" or "volunteer workers" are insureds for "bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other"volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of the co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph (1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if a suit seeking damages for "bodily injury" or "personal and advertising injury" to any co-"employee" or other"volunteer worker" arising out of and in the course of the co-"employee's" or'Volunteer worker's" employment or while performing duties related to the conduct of your business, or a suit seeking damages brought by the spouse, child, parent, brother or sister of the co-"employee" or other "volunteer worker", is brought against you or a co-"employee" or a "volunteer worker", we will reimburse the reasonable costs that you incur in providing a defense to the co-"employee" or"volunteer worker" against such matters. Any reimbursement made pursuant to this sub-section will be in addition to the limits of liability set forth in the Declarations. B. Newly Acquired Organizations Paragraph 3. a. is replaced by the following: a. Coverage under this provision is afforded only until the 180`h day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 10 The following are added: C. Blanket Additional Insured—Vendors—As Required By Contract 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to "bodily injury" or"property damage"arising out of'your products"which are distributed or sold in the regular course of the vendor's business. However, a. The insurance afforded to such vendor only applies to the extent permitted by law; and b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2. With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage"for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (4) or(6); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 3. This Provision C. does not apply: a. To any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products; b. To any vendor for which coverage as an additional insured specifically is scheduled by endorsement; or c. When liability included within the "products-completed operations hazard" has been excluded for such product either by the provisions of the coverage part or by endorsement. 4. With respect to the insurance afforded to these vendors, the following is added to Section III — Limits Of Insurance: If coverage provided to the vendor is required by a contract or agreement, the most we will pay on behalf of the vendor is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 10 whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 5. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. D. Blanket Additional Insured—Lessor Of Leased Equipment 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in writing in a contract or agreement, executed prior to loss, that such person(s) or organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused by your negligent acts or omissions in the maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However,the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. c. Does not apply to any"occurrence"which takes place after the equipment lease expires; A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to the Lessor,the following additional exclusions apply: "Bodily injury"or"property damage"arising out of: (1) The assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the Lessor would have in the absence of the contract or agreement; (2) Any express warranty made by the Lessor; (3) The demonstration, installation, servicing, inspections, adjustments, tests, repair, or maintenance operations by or for the Lessor; (4) The negligence or strict liability of the Lessor for its own acts or omissions or those of its employees or anyone else acting on its behalf; or (5) Any failure on the part of the Lessor to provide information, instructions and/or warnings with respect to the maintenance, use or operation of the equipment. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 10 4. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury', "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury', involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. E. Blanket Additional Insured— Managers Or Lessors Of Premises 1. Section II —Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you, subject to the following additional exclusions: This insurance does not apply to: a. Any"occurrence"which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. • This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 10 F. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provisions: 1. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. However: a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. This insurance does not apply to: a. "Bodily injury", "property damage" or"personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury"or"property damage" included within the"products-completed operations hazard". 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 4. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. G. Blanket Additional Insured—State Or Governmental Agency Or Subdivision Or Political Subdivision—Permits Or Authorizations Relating To Premises Section II—Who Is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision with whom you have agreed in a written contract, executed prior to loss, to name as an additional insured, subject to the following provision: 1. This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: a. The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or b. The construction, erection or removal of elevators; or CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 10 c. The ownership, maintenance or use of any elevators covered by this insurance. However, a. The insurance afforded to such additional insured only applies to the extent permitted by law; and b. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is: a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 3. With respect to the insurance afforded to these additional insureds,the following additional exclusion applies: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against an additional insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. SECTION III—LIMITS OF INSURANCE AMENDMENTS A. Damage To Premises Rented To You Paragraph 6. is replaced by the following: 6. Subject to Paragraph 5. above, the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner is the greater of: a. $300,000; or b. The amount shown next to the Damage To Premises Rented To You Limit in the Declarations. However, the provisions of this paragraph do not apply if Damage To Premises Rented To You Coverage is excluded by endorsement. B. Medical Expense Limit Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the most we will pay under Coverage C for all medical expenses because of "bodily injury"sustained by any one person is the greater of: a. $10,000; or b. The amount shown next to the Medical Expense Limit in the Declarations. This insurance does not apply if coverage for Medical Expenses is excluded either by the provisions of the coverage part or by endorsement. CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 10 SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS AMENDMENTS A. Knowledge Of Occurrence Item 2. Duties In The Event Of Occurrence, Offense, Claim or Suit is amended by adding the following: e. You must give us or our authorized representative prompt notice of an "occurrence", claim or loss only when the "occurrence", claim or loss is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if you are a corporation; or (4) A member or manager, if you are a limited liability company. B. Other Insurance Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: (ii) That is fire, lightning, explosion or sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Unintentional Failure To Disclose Hazards Item 6. Representations is replaced by the following: 6. Representations And Unintentional Failure To Disclose Hazards a. By accepting this policy,you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part 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. D. Waiver of Subrogation Item 8.Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, executed prior to loss, requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit"or transfer those rights to us and help us enforce those rights. SECTION V—DEFINITIONS AMENDMENTS A. Insured Contract Amended Paragraph 9. a. is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; B. Personal And Advertising Injury Redefined Paragraph 14. d. and e. are replaced by the following: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or service; e. Oral, written,televised,videotaped or electronic publication of material that violates a person's right of privacy; CG MU 0009 06 22 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 10 WN CA 27 06 16 BUSINESS AUTO ENHANCEMENT ENDORSEMENT '{ The Business Auto Enhancement Endorsement is an optional endorsement that provides coverage enhancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is provided by this summary, refer to following endorsement for changes in your policy, SUMMARY OF COVERAGES PAGE Accidental Airbag Deployment Coverage 4 Auto Loan/Lease Gap Coverage 4 Blanket Additional Insured 2 Blanket Waiver of Subrogation 5 Broadened Definition of Insured includes: • Newly Acquired Organizations for up to 180 Days 2 • Employees as Insureds 2 • Subsidiaries in Which You Own 50% or More 2 Deductible Waiver for Glass Repair 3 Employee Hired Auto 2, 5 Fellow Employee Coverage 3 Hired Auto Physical Damage Coverage 4 Knowledge of Accident, Claim, Suit or Loss 5 Loss Of Use Expenses-Amended 3 Personal Effects 3 Rental Reimbursement Coverage 4 Supplementary Payments-Amended: • Bail Bonds up to $5,000 2 • Loss of Earnings up to $500/Day 2 Transportation Expense Limits—Amended 3 Unintentional Failure to Disclose Hazards 5 WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 1 of 5 WNCA270616 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Business Auto Coverage Form identified in this endorsement will be amended as shown below. SECTION II — COVERED AUTOS LIABILITY g. Any "employee" of yours is an "insured" while COVERAGE AMENDMENTS operating a covered "auto" hired or rented under a contract or agreement in the A. Who Is An Insured "employee's" name, with your permission, SECTION II — COVERED AUTOS LIABILITY while performing duties related to the conduct COVERAGE, A. Coverage, 1. Who Is An Insured of your business. is amended to add: B. Blanket Additional Insured d. Any legally incorporated subsidiary of yours in SECTION II — COVERED AUTOS LIABILITY which you own more than 50% of the voting COVERAGE, A. Coverage, 1. Who Is An stock on the effective date of this coverage Insured, paragraph c. is amended to add the - form. following: However, "insured" does not include any Any person or organization who is required under a subsidiary of yours that is an "insured" under written contract or agreement between you and any other automobile liability policy, or would that person or organization, that is signed and be an "insured" under such policy but for executed by you before the "bodily injury" or termination of such policy or the exhaustion on "property damage" occurs and that is in effect such policy's limits of insurance. during the policy period, to be named as an e. Any organization which is newly acquired or additional insured is an "insured" for Liability formed by you and over which you maintain Coverage, but only for damages to which this majority ownership. However, coverage under insurance applies and only to the extent that this provision: persons or organization qualifies as an "insured" under the Who Is An Insured provision contained in (1) is afforded only for the first 180 days after Section II. you acquire or form the organization or until the end of the policy period, C. Liability Coverage Extensions —Supplementary whichever comes first; Payments (2) does not apply to "bodily injury" or SECTION II — COVERED AUTOS LIABILITY "property damage" that results from an COVERAGE, A. Coverage, 2. Coverage "accident"that occurred before you formed Extensions, a. Supplementary Payments is. or acquired the organization; amended by replacing subparagraphs (2) and (4) with the following: (3) does not apply to any newly acquired or formed organization that is a joint venture (2) Up to $5,000 for cost of bail bonds (including or partnership; and bonds for related traffic law violations) required because of an "accident" we cover. We do not (4) does not apply to an "insured" under any have to furnish these bonds. other automobile liability policy, or would be an "insured" under such a policy but for (4) All reasonable expenses incurred by the termination of such policy or the "insured" at our request, including actual loss - exhaustion of such policy's limits of of earnings up to $500 a day because of time insurance. off from work. f. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 5 • • D. Fellow Employee Coverage D. Glass Repair—Deductible Waiver SECTION II — COVERED AUTOS LIABILITY SECTION III — PHYSICAL DAMAGE COVERAGE, B. Exclusions, 5. Fellow COVERAGE, A. Coverage, 3. Glass Breakage — Employee,the following is added: Hitting A Bird Or Animal — Falling Objects Or Missiles, is amended by adding the following: Co-Employee Lawsuit Defense Cost Reimbursement No deductible will apply to glass breakage if such glass is repaired, in a mariner acceptable to us, If a suit seeking damages for "bodily injury"to any rather than replaced. fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" E. Hired Auto Physical Damage employment or while performing duties related to the conduct of your business, or a suit seeking SECTION III — PHYSICAL DAMAGE damages brought by the spouse, child, parent, COVERAGE, A. Coverage is amended by adding brother or sister of that fellow "employee", is the following: brought against you, we will reimburse reasonable 5. Hired Auto Physical Damage costs that you incur in the defense of such matters. Any reimbursement made pursuant to If hired "autos" are covered "autos"for Liability this sub-section will be in addition to the limits of Coverage and if Comprehensive, Specified liability set forth in the Declarations. Causes of Loss, or Collision coverages are provided under this coverage form for any ON Ill — PHYSICAL DAMAGE COVERAGE "auto" you own, then the Physical Damage SECTION Coverages provided are extended to "autos" you hire of like kind and use, subject to the A. Transportation Expense—Limits Amended following: SECTION III — PHYSICAL DAMAGE a. The most we will pay for any one "loss" is COVERAGE, A. Coverage, 4. Coverage $50,000 or the actual cash value or cost to Extensions, a. Transportation Expenses is repair or replace, whichever is less, minus amended by replacing $20 per day/$600 maximum a deductible; limit with $50 per day/$1000 maximum. b. The deductible will be equal to the largest deductible applicable to any owned "auto" B. Hired Auto Physical Damage — Loss Of Use for that coverage. Any Comprehensive Expenses—Limits Amended deductible does not apply to "loss" caused SECTION III — PHYSICAL DAMAGE by fire or lightening; COVERAGE, A. Coverage, 4. Coverage c. Hired Auto Physical Damage coverage is a Extensions, b. Loss of Use Expenses is excess over any other collectible amended by replacing the $20 per day/$600 insurance; and maximum limit with $50 per day/$750 maximum limit. d. Subject to the above limit, deductible and excess provisions we will provide C. Personal Effects Coverage coverage equal to the broadest coverage applicable to any covered "auto"you own. SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage If a limit for Hired Auto Physical Damage is Extensions is amended by adding the following: indicated in the Declarations, then that limit replaces, and is not added to, the $50,000 limit c. Personal Effects indicated above. We will pay up to $500 for "loss" to personal effects, which are: (1) Owned by an "insured"; and (2) In or on your covered "auto." This coverage applies only in the event of the total theft of your covered "auto." No deductible applies to this coverage WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 5 F. Rental Reimbursement G. Accidental Airbag Deployment Coverage SECTION III — PHYSICAL DAMAGE COVERAGE SECTION III — PHYSICAL DAMAGE A. Coverage, is amended by adding the following: COVERAGE, A. Coverage is amended by adding the following: 6. Rental Reimbursement 7. Accidental Airbag Deployment Coverage This coverage applies only to a covered "auto" of the private passenger or light truck type as We will pay to reset or replace factory installed follows: airbag(s) in any covered "auto" for accidental discharge, other than discharge due to a a. We will pay for rental reimbursement collision loss. expenses incurred by you for the rental of a private passenger or light truck type This coverage is applicable only if "auto" because of "loss" to a covered comprehensive coverage applies to the private passenger or light truck type covered "auto". "auto". Payment applies in addition to the otherwise applicable amount of each This coverage is excess over any other coverage you have on a covered private collectible insurance or reimbursement by passenger or light truck type "auto." No manufacturer's warranty. deductibles apply to this coverage. H. Auto Loan/Lease Gap Coverage b. We will pay only for those expenses SECTION III PHYSICAL DAMAGE COVERAGE, incurred during the policy period beginning Item A., Coverage, is amended by adding the 24 hours after the "loss" and ending, following: regardless of the policy's expiration, with the lesser of the following number of days: 8. Auto Loan/Lease Gap Coverage (1) The number of days reasonably This coverage applies only to a covered "auto" required to repair or replace the described or designated in the Schedule or in covered private passenger or light the Declarations as including physical damage truck type "auto". If "loss" is caused coverage. by theft, this number of days is added to the number of days it takes to In the event of a covered total "loss" to a locate the covered private passenger covered "auto" described or designated in the or light truck type "auto" and return it Schedule or in the Declarations, we will pay to you; or any unpaid amount due on the lease or loan for a covered"auto" less: (2) 30 days. a. The amount paid under the Physical c. Our payment is limited to the lesser of the Damage Coverage Section on the policy; following amounts: and (1) Necessary and actual expenses b. Any: incurred, or (2) $50 per day, up to a maximum of (1) Overdue lease/loan payments at the $1,000. time of the "loss"; d. This coverage does not apply while there (2) Financial penalties imposed under a are spare or reserve private passenger or lease for excessive use, abnormal light truck type "autos" available to you for wear and tear or high mileage; your operations. (3) Security deposits not returned by the e. If "loss" results from the total theft of a lessor; covered "auto" of the private passenger or (4) Costs for extended warranties, Credit light truck type, we will pay under this Life Insurance, Health, Accident or coverage only that amount of your rental Insurance purchased with reimbursement expenses which is not the loanDisability or lease; and already provided for under SECTION III — ,�.,,_:; PHYSICAL DAMAGE COVERAGE, A. M., Coverage, 4. Coverage Extensions. (5) Carry-over balances from previous ,:a3$ loans or leases. For the purposes of this Rental Reimbursement coverage, light truck is defined as a truck with a gross vehicle weight of 10,000 lbs. or less as defined by the manufacturer as the maximum loaded weight the auto is designed to carry. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 5 SECTION IV — BUSINESS AUTO CONDITIONS C. Unintentional Failure to Disclose Hazards AMENDMENTS SECTION IV — BUSINESS AUTO CONDITIONS, A. Duties In The Event Of Accident, Claim, Suit Or B. General Conditions, 2. Concealment, Loss Amended Misrepresentation Or Fraud, is amended by SECTION IV — BUSINESS AUTO CONDITIONS, adding the following paragraph: A. Loss Conditions, 2. Duties In The Event Of If you unintentionally fail to disclose any hazards Accident, Claim, Suit Or Loss, a. is amended by existing at the inception date of the policy, or adding the following: during the policy period in connection with any This condition applies only when the "accident" or additional hazards, we will not deny coverage under this Coverage Part because of such failure. "loss" is known to: (1) You, if you are an individual; D. Employee Hired Auto (2) A partner, if you are a partnership; SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions, 5. Other Insurance, (3) An executive officer or insurance manager, if paragraph b. is deleted and replace by the you are a corporation; or following: (4) A member or manager, if you are a limited b. For Hired Auto Physical Damage Coverage, liability company. the following are deemed to be a covered "autos"you own: But, this section does not amend the provisions relating to notification of police, protection or (1) Any covered "auto"you lease, hire, rent or examination of the property which was subject to borrow. the "loss". (2) Any covered "auto" hired or rented by your B. Blanket Waiver of Subrogation "employee" under a contract in that individual "employee's" name, with your Section IV — BUSINESS AUTO CONDITIONS, A. permission,while performing duties related Loss Conditions, 5. Transfer of Rights of to the conduct of your business. Recovery Against Others to Us, is amended by adding the following exception: However, any "auto" that is leased, hired, rented or borrowed with a driver is not a However, we waive any right of recovery we may covered"auto". have against any person or organization to the extent required of you by a written contract signed and executed prior to any "accident" or "loss", N provided that the "accident" or "loss" arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. WN CA 27 06 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 5 of 5 sitir STATE OF WASHINGTON Department of Labor&Industries Certificate of Workers' Compensation Coverage January 18,2023 WA UBI No. 603 144 381 L&I Account ID 221,279-00 Legal Business Name ANYTIME TOWING SPOKANE Doing Business As ANYTIME TOWING SPOKANE Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 3 of Year 2022"4 to 6 Workers" (See Description Below) Account Representative Employer Services Help Line,(360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported"mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter.A single 480 hour position may be filled by one person,or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed,and are liable for premiums found later to be due.Industrial insurance accounts have no policy periods, cancellation dates,limitations of coverage or waiver of subrogation(See RCW 51.12.050 and 51.16.190). Labor&Industries(https://Ini.wa.gcv) Contractors ANYTIME TOWING SPOKANE Owner or tradesperson AMMAR SHAHIN PO BOX 11982 Doing business as SPOKANE VALLEY,WA 99211-1982 ANYTIME TOWING SPOKANE WAUBI No. 603 144 381 Certifications & Endorsements OMWBE Certifications No active certifications exist for this business. Apprentice Training Agent No active Washington registered apprentices exist for this business.Washington allows the use of apprentices registered with Oregon or Montana.Contact the Oregon Bureau of Labor&Industries or Montana Department of Labor &Industry to verify if this business has apprentices. Workers' Comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account Is current. 221,279-00 Doing business as ANYTIME TOWING SPOKANE Estimated workers reported Quarter 3 of Year 2022"4 to 6 Workers" L&I account contact T3/LAURIE BROWN(360)902-4679-Email:BRLB235@Ini.wa.gov Public Works Requirements Verify the contractor is eligible to perform work on public works projects. Required Training—Effective July.1,2019 Needs to complete training. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace Safety& Health Check for any past safety and health violations found on jobsites this business was responsible for. No inspections during the previous 6 year period.