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16-155.00 MJM Grand: On Call Road Graders for Snow Removal CONSTRUCTION AGREEMENT MJM Grand Inc. On Call Road Graders for Snow Removal 2016-2017 Snow Season Contract# 16-155 THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley,a code City of the State of Washington("City")and MJM Grand Inc.,("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of the On-Call Road Graders for Snow Removal Project(the"Work")in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2.Term of Agreement. Shall be in full force and effect upon execution and shall remain in effect until April 30,2017. The City may terminate this Agreement by 10 days' written notice to the other party. In the event of such termination,the City shall pay the contractor for all work previously authorized and satisfactorily perfomed prior to the termination date.. 3. Liquidated Damages. There are no Liquidated Damages for this Agreement. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents an amount not to exceed$40,000 for hours actually worked based on the Hourly Rate submitted by the contractor in Exhibit A. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the address stated in paragraph 6. MJM Grand Inc. Page 1 of 6 Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards, City Code, state standards,or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name:MJM Grand Inc. Phone: (509)921-1000 Phone: 509-244-4733 Address: 11707 East Sprague Ave., Suite 106 Address:PO Box 2087 Spokane Valley, WA 99206 Airway Heights, WA 99001 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws, codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9. Prevailing Wages on Public Works. Prevailing wages are not required for this Agreement. 10. Relationship of the Parties. It is understood and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by MJM Grand Inc. Page 2 of 6 Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW, or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. No performance or payment bonds will be required for this agreement. 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. MJM Grand Inc. Page 3 of 6 B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. F. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. MJM Grand Inc. Page 4 of 6 17.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor,Contractor's agents, subcontractors, subconsultants,and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RC W. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 18. Waiver. No officer,employee,agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County, unless otherwise required by applicable federal or state law. MJM Grand Inc. Page 5 of 6 72.Str genu mak!tttsiitjnsihrtrtV. As required by RCW 3'l tt+tlZu,Contractor shall verify responsibility cretin tier each first tier subcontractor;sod its subcntractorsofanytierthathirisothersathcontra tors shall yeti fy respunsfhithycritcria l'areae:h of i c stiheotttraciurc. \'eritic:tion shalt include that midi subcontractor,ac tor,at the time tit'subcontract ese:c it ion,it wets the respeonsibility center in listed.in RCW 300-4150t r land possesses an electrical contractor license,IfrCcltitred by chapter I').2`i RCW,or an elevator contractor license if rccfaired by chapter 7(1.87 RCW, "rhis verification requirement shaft he included in every suheorrtroct ei( every tier, 23..Jtrris(iletl(r►r and.Venue. 'I`hic Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane Comity State of 4S.'asitinyton. 24. Entire t reerncunt. `!`Elis,Agreement Cc?tistiRrtec the etuirc and caimplete agreement between the parties trust.vttE7ercedes any prior oral or written ttgreentents.. This Agreement may not be charged,misfired,or niteted except in writing signed by die Parties, 25,Anti-tciei<Jiui?Jc, Net officer or employee of City, ttttvirtg the power or duty to perform an official act or ttetiein related tet this Agreement, shall have or acquire any mtcrdst in this Agreement, or lure solicited, accepted,or grained a prevent or Haute tiiti, !livor, service,or other thing of value from any person with um interest in this Agreement, 2(i,Business Ret<i'rtration, Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it leis tint,already done so. 27.SevcrahilitF'. if any section,sentence,clause,or phrase of this Agreement should he held to be invalid for arty reason by a court of competent jurisdiction,such invalidity shall not affect the validity ol'any other section, sentence,clause.or phrase of this Agreement, 28, Exhibits, Exhibits attached and incorporated into ibis Agreement arc: A. Equipment and Pricing B. insurance Endorsements The Parties have executed this Agreement this I day or nOVe• -,f ^ 20 ILP CITY OF SPOKANE VALI,EY: Contractor: / /1 1 (2.3/k Jar Calhoun.City Manager By: ,� {�t��,Q_ ,C f-( \Ol- hyt AuthorizecLitepresentativc ATTEST: • Christine Bainbridge,City Clerk APPROVER AS TO FORM: Office cif •City Attorn • Ltl:M(iraiul tae, Page('of 6 ATTACHMENT"A" , EQUIPMENT AND PRICING 2016-2017 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL Name: MJM Grand,Inc;Mike Evenoff Signature: ✓/ Date: 10/27/2016 ROAD GRADER EQUIPMENT DESCRIPTION MODEL ` QUANTITY !RATE PER HOUR j {ail equl�merit rates to Include operator labor) YEAR I AVAILABLE KOMATSU 2005 1 [ $135.00 CHAMPION 730A j 1997 1 1 $135.00 CHAMPION 740A 1989 1 $135.00 ANY OTHER CHARGES I (if not Included In above rates,such as travel f time) TRAVEL TIME $125.00 4 { OP ID:CS ,a►co/ZLY CERTIFICATE OF LIABILITY INSURANCE DATE(MMND/YYYY) `� 03/23/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED ':PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' PORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Cathy Sue Smith Inland Insurance Inc. PHONE FAX 9016 E Indiana Ave.,Suite A (A/C.No.Ext):509-2524288 (Arc,No):509.4564432 Spokane Valley,WA 99212 ADDRESS:cathysue.smith@inlandins.com James P Dinneen PRODUCER CUSTOMER ID#:MJMGR-1 INSURER(S)AFFORDING COVERAGE NAIC# INSURED MJM Grand,Inc. INSURER A:Alaska National Ins Co 38733 PO Box 2087 INSURER B:Allianz Airway Heights,WA 99001-2087 INSURER C: INSURERO: 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 PERIOb 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 ADDL SUBR POLICY EFF POLICY EXP TYPE OFINSURANCEJ LTR NSR I WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY), LIMITS s GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X X 16DPS08389 04/30/2016 04/30/2017 DAMAGE TO Ea oREcatrrence} $NTED 250,000 PREMISES( CLAIMS-MADE X OCCUR MED EXP(My one person) $ 5,000 $5,000 PD Ded PERSONAL&ADV INJURY $ 1,000,000 X CONT POLLUTION ' - EXCLUDING MOLD COVERAGE GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X jFCT LOC $ AUTOMOBILE LIABILITY X X COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 16DAS08389 04/30/2016 04/30/2017 (Ea accident) BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (PER ACCIDENT) $ X NON-OWNED AUTOS $ $ X UMBRELLA LIAB X OCCUR _EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 A — X X 16DLU08389 04/30/2016 04/30/2017 DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMITS ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 16DPS08389 04/30/2016 04/30/2017 E.L.EACH ACCIDENT $ 1,000,000 OFF(Mandatory in ERNH)EXCLUDED? N/A X WASHINGTON STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POUCY LIMIT $ 1,000,000 B LEASED EQUIPMENT MXI93045563 04/30/2016 04/30/2017 LIMIT 250,000 DED 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:SNOW REMOVAL OPERATIONS CITY OF SPOKANE VALLEY ARE GRANTED ADDITIONAL INSURED STATUS AS RESPECTS OPERATIONS OF THE NAMED INSURED AS REQUIRED BY CONTRACT 60 DAY NOTICE OF CANCELLATION APPLIES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. PUBLIC WORKS \_-, 11707 E.SPRAGUE,#106 AUTHORIZED REPRESENTATIVE SPOKANE VALLEY,WA 99206 n y`^ C�A..y,r-"--Jai Dinneen/President I ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD • MJMGR-1 PAGE 2 NOTEPAD INSURED'$NAME MJM Grand,Inc. OP ID:CS Date 03/23/2016 BLANKET ADDITIONAL INSURED, WAIVER OF SUBROGATION AND PER PROJECT AGGREGATE COVERAGE APPLIES. ALL POLICIES ARE PRIMARY AND NON— CONTRIBUTORY. SUBSIDENCE COVERAGE IS INCLUDED. 4 ' r asNai .incil INSURANCE COMPANY ADDITIONAL INSURED (CONTRACTORS) - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifes insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. Who Is An Insured (Section Ii) Is amended to ii. supervisory, inspection, or engineering include as an insured any person or organization services. (herein referred to as an additional insured), but only if you are required to add that person or c. The insurance provided to the additional organization as an insured to this policy by a insured, referred to in paragraph 1. of this written contract that is in effect prior to the"bodily endorsement,does not cover"bodily injury"or injury', "property damage', or `personal and "property damage" caused by your negligent advertising injury". acts and omissions in the performance of "your work"that occurs within the "products- 2. The insurance provided to the additional insured completed operations hazard," unless the is limited as follows: written contract,referred to in paragraph 1.of this endorsement, contains a specific a. That person or organization is only an requirement that you procure completed additional insured if, and only to the extent operations coverage or coverage within the that, the injury or damage is caused by "products-completed operations hazard" for negligent acts or omissions of you or your the additional insured. However, even if subcontractor in the performance of ' our coverage within the "products-completed work" to which the written contract applies. operations hazard"is required by the written The person or organization does not qualify contract, such coverage is available to the as an additional insured with respect to injury additional insured only if the"bodily injury'or or damage caused in whole or in part by "property damage"occurs prior to the end of independent negligent acts or omissions of the time period during which you are required such person or organization. by the written contract to provide such coverage or the expiration date of the policy, b. The insurance provided to the additional whichever comes first. insured does not apply to "bodily injury", "property damage", or "personal and 3. If other valid and collectible Insurance,whether on advertising injury arising out of an architect's, a primary,excess, contingent or any other basis, engineer's, or surveyor's rendering of or is available to the additional insured for a loss we failure to render any professional services cover under this endorsement,then the insurance including: provided by this endorsement is excess over that other insurance. However,the insurance provided I. the preparing, approving, or failing to by this endorsement will be primary to other prepare or approve maps, drawings, insurance on which the additional Insured Is a opinions,reports,surveys,change orders, named insured for the covered loss, if the written design or specifications;and contract, referred to in paragraph 1. of this AMC GL 1081 03 08 Producer Copy Page 1 of 2 INSURANCE COMPANY endorsement,contains a specific requirement that this insurance be primary or primary and non- contributory. In that case we will not share with that other insurance on a pro-rata or other basis. If the other insurance available to the additional insured,whether on a primary,excess,contingent or any other basis, is coverage for which it has been named as an additional insured, then the coverage provided by this endorsement is excess over that other insurance. 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. 17 Countersigned By ANIC GL 1061 03 08 Producer Copy Page 2 of 2 Alaska Na. anal 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)—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 the des u e edabove.construction project other designated construction project, and that limit 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 e 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 Producer Copy Page 1 of 2 • `Y.. r Alaska Na. . #:. 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 1 — 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 Hi—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 No. insured Endorsement No. 22 Countersigned By C7 insurance Services Office,Inc.,2008 CG 25 03 05 09 Producer Copy Page 2 of 2 r" '' INSURANCE COMPANY BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART We waive any right of recovery we may have against The waiver applies only to the person or organization any person or organization as required in a written required by the written contract and then only if the contract because of payments we make for injury or contract requires you to obtain this agreement from damage arising out of "your work" done under the us. written contract. 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, 15 Countersigned By ANIC GL 702 0412 Producer Copy • POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CO 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Pasant") Or Or tutiontei: Location And Desert• on Of Corn•Med 0.orations As required by written contract signed by both parties prior to lose. information required to complete this Schedule,if not shown above,will be shown in the Declarations. Section fl - Who Is An Insured Is amended to include as an additional insured the person(*) or organizetionisl shown in the Schedule, but only with respect to liability for "bodily injury" or 'property damage' caused,in whole or in part,by 'your work' at the location designated and described in the schedule of this endorsement performed for that additional Whited end Included in the *products-completed operations hazard". CO 20 37 07 04 a ISO Properties, Inc„ 2004 Pegs 1 al'I 36