Loading...
19-147.00 MDM Construction: On Call Road Graders for Snow Removal Contract No. 19-147 AGREEMENT FOR SERVICES MDM Construction On Call Road Graders for Snow Removal 2019-2020 Snow Season THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and MDM Construction, hereinafter "Consultant" jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services,attached as Exhibit A A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement.Consultant represents it possesses the ability,skill,and resources necessary to perform the work and is familiar with all current laws,rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in Contract#19-147—MDId Construction Page I of 8 Contract No. 19-147 effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by April 30,2020, unless the time for performance is extended in writing by the Parties Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days'prior notice and an opportunity to cure the breach. City may,in addition.terminate this Agreement for any reason by 10 days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of$100,000 as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code, and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: MDM Construction Phone: (509) 720-5000 Phone: 208-762-7236 Address: 10210 East Sprague Avenue Address: PO Box 2006 Spokane Valley, WA 99206 Hayden, ID 83835 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents, and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction,violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental Contract#19-147—MDM Construction Page 2 of Contract No. 19-147 entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification: and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City,that City is interested in only the results to be achieved, and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,distribute,and otherwise use, in whole or in part,any reports, data,drawings, images,or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant 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. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. Contract#19-I47—MDM Construction Page 3 ors Contract No. 19-147 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence, and $2,000,000 for general aggregate. C. Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1.Consultant's insurance coverage shall be primary insurance with respect to the City Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance fumished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant 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. Consultant shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Contract 7419-147—MDM Construction Page 4 of R Contract No. 19-147 Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant'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 pursuant to RCW 4.24.115. Consultant'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)Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors,subconsultants, and employees. Consultant'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,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. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16 Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in Contract#19-147—MDM Construction Page 5 of 8 Contract No. 19-147 any arbittation proceeding between City and any third party that includes a claim or claims that at ise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19.Entire Agreement. This written Agreement constitutes the entire and complete ageement between the Parties and supersedes any pi ior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-Idekback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift, favor,service, or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business if it has not already done so. 22 Severability. If any section,sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause,or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Equipment and Pricing B. Insurance Certificates C' Assurance of compliance with applicable federal law //�� The Parties have executed this Agreement this i2 clay of(�C r .20I9. CITY OF SPOKANE VALLEY Cansu/ltan • . Mark Calhoun,City Manager By: Mi- Swenson, President Its. Authorized Repiesentative AT � [rte Christine Bainbridge,City Clerk APPRO /v TO FORM: Office the City Attorney Contract 419-147—I,IDM Construction _ Page 6 of8 ATTACHMENT"A" EQUIPMENT AND PRICING 2019-2020 SNOW SEASON ON-CALL ROAD GRADERS FOR SNOW REMOVAL MOM Construction, Inc. Name: dba MDM Excavation Signature: _ Mit Swenson, President Date: September 27, 2019 ROAD GRADER EQUIPMENT DESCRIPTION MODEL QUANTITY RATE PER HOUR (all equipment rates to include operator labor) YEAR AVAILABLE CAT 160 Road Grader 2001 2 $160.00 140 M Grader 2014 1 $165.00 CAT Wheel Loader (950) 2006 6 $140.00 Dump Truck 2006 1 $120.00 ANY OTHER CHARGES (if not included in above rates, such as travel time) Mobilization: Per Call / Per Equipment S500 00 9 -----1MDMCONS-02 BSHINN saLCOR�_ CERTIFICATE OF LIABILITY INSURANCE D E(MMIDDM Y) 9/25/2019 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 jes)must have ADDITIONAL INSURED provisions or be endorsed. It 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 clAlTACT Spokane Office PHONE FAX Payne West Insurance Inc. LAIC,Na,E:O (509) 838-3501 IIAx,Nnp(509)838-3511 501 N.Riverpoint Blvd.,Ste 403 rakes Spokane,WA 99202 INSURERIS)AFFORDING COVERAGE NAIC/0 INSORERA.AlaSka National Insurance Company 38733 INSURED INSURER B MDM Construction Inc. dba MOM Excavation INSURER C: PO Box 2006 INSURER D: Hayden,ID 83835 INSURER E• I 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 ADM SUER POLICY EFF POLICY EXP LTR INRD WVD POLICY NUMBER IMMIDDMrvYI IMM/DDMNO LIMITS A X COMMERCIAL GENERALHABILITY EACH OCCURRENCE $ 1'000•000 CLAIMS-MADE n OCCUR X X 191PS08844 9/1/2019 9/1/2020 poq MGETORENTeencel $ 500,000 MED EX?(Any one person) S 15,000 PERSONAL&ADV INJURY $ 1.080'800 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE S 2,000,000 POLICY�JECT LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY FCOMBINEDNESINGLE Mgnn $ 1,000,000 X ANY AUTO X X 191,4508844 9/1/2019 9/1/2020 BODILY INJURY(Per Penni $ OWNED —AUTOS ONLY SCHEDULED DILY Y(Per H�p�� �pN.pµ0 PROOPERTYUDRAMAGE accident) $ _ MS ONLY _ AUTOb ONLY IPer a¢Itlent) $ S A X UMBRELLA LIB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS UAB CLAIMS-MADE 191LU08844 9/1/2019 9/1/2020 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 s A BPER O EMPLOY RS'LIABILITYENSATOR X SANTE FR ANY PROPRIETORIPARTNER/EXECUTIVE Y/N 19DW508699 4/1/2019 4/1/202D EL EACH ACCIDENT $ 1,000,000 FICERIMEMa5p EXCLUDED? N/A yaenWlary In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTION OF desenhe OPERATIONS below 1,000,000 EL DISEASE-POLICY LIMIT $ DESCRIPTOR OF OPERATORS/LOCAUONS/VEHICLES(ACORD 101.Additional Remarks Schedule.may be attached If niore space Is required) Project:On-Call Road Graders for Snow Removal 2019-2020 Snow Season Spokane County Purchasing Department Is additional insured per policy forms with primaty and non-eontdbutory wording. Waiver of subrogation and par project aggregate per policy forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Spokane County Purchasing Department THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1211 W.Gardner Ave,2nd Floor ACCORDANCE WITH THE POLICY PROVISIONS. Spokane,WA 99260 AUTHORIZED REPRESENTATVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and!ono are reoistered marks of ACORD Contract No. 19-147 Exhibit C—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Consultant, for itself, its assignees, and successors in interest(hereinafter referred to as the "Consultant")agrees as follows: 1.Compliance with Regulations:The Consultant shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Consultant,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Consultant for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. 4. Information and Reports:The Consultant shall provide all information and reports required by the Acts. the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance:In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a.withholding payments to the Consultant under the Agreement until the Consultant complies; and/or b. cancelling,terminating,or suspending the Agreement, in whole or in part. 6.Incorporation of Provisions:The Consultant shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions,including sanctions for noncompliance. Provided,that if the Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement,the Consultant Contract#19-147—MDM Construction Page 7 of 8 Contract No. 19-147 agrees to comply with the following non-discrimination statutes and authorities;including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252).(prohibits discrimination on the basis of race,color, national origin); and 49 CFR Part 21, The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C. §324 etseq.),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.) Contract#19-147—MDM Construction Page 8 of 8 ^1 _ MDMCONS-02 CLONGINOTTI ,4`�RD CERTIFICATE OF LIABILITY INSURANCE D 1TE GAMOW/NTT) 0/15/2019 10/1512019 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($),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED,the policylios)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 p endorsement(s).� � PRODUCER AM€ACT Spokane Office PHONE I FAX PayneWest Insurance,Inc. Ip'L, ,E.n:(609)636 501 IWC,NaI:(509)838-3511 501 N.Riverpoint Blvd.,Ste 403aa. Spokane,WA 99202 INSVRERISI AFFORDING COVERAGE NAICX INSURER A Alaska National Insurance Company 38733 INSURED INSURER B: MDV Construction Inc. - - dba MDM Excavation INSURER c. PO Box 2006 INSURER O. Hayden,ID 83835 INSURER - 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 IXSR TYPE OF INSURANCE AWL SUER FOGGY EFF POLICY EXP LTRINSD WVD POLICY NUMBER IMMVDNTYYI IMMIODNYYD LIMITS A X I COMMERCIAL GENERAL WBILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE OCCUR X . X 191PS08844 9/1/2019 9/1/2020 DAMAGETD RENTED 9pg egg PRFMICFSIF;CNTED l MED EXP(Any ane PBrsonl 15'000 PERSONAL&ACV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2,008000 POLICY X !ECT LOC I PRODUCTS- 2,000,000 -COMP/OP OTHER WA STOP GAP 1,000,000 A AUTOMOBILE WBIMTY .COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO X X 191AS08844 9/1/2019 9/1/2020 BOD/LY INJURY Per•erson AUTOS SCHEDULED BODILY INJURY Per accden AUTOS ONLY _ SCCHEDDLy pp la ONLY . AUTOSONLDY SrPaacPlant ,MAGE A X VMBRELLW UAB X OCCUR EACH OCCURRENCE 10.000,000 EXCESS OAS CLAIMS-MADE 1981108044 9/1/2019 9/1/2020 AGGREGATE 10,000,000 DED X RETENTION$ 10r000, A WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY _ YIN ANY PRCPRIETORNARTNEWEXEcunvE 190WS08844 4/1/2019 4/1/2020 1,000,000 OFlktl PPryEMBX,EXCLUDED? LJ NIA EL EACH ACCIDENT $ IMa X EL DISEASE-EA EMPLOYEE $ 1.000.000 X yes dgenbe/Alder CE SCRIPI1ON OF OPERATIONS below E L DISEASE-POLICY LIMIT $ 1.000,000 DESCRIPTION Of OPERATIONS I LOCAGONS/VEHICLES ACORD 1e1 Additional Remarks Schedule,may attached If mon spew is required) Re:On-Call Road Graders for Snow Removal,2019-2020 Snow Season City of Spokane Valley is additional insured as per the attached forms.Coverage is primary and non contributory.Waiver of subrogation and per project aggregate applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Community and Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORISED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD arAlaska 1N8 EE COMPANY� atio CONTRACTORS'GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 14. In Rem Actions 8 additional insured extensions 1. MISCELLANEOUS ADDITIONAL INSUREDS Primary and Noncontributory Insurance Section II Who Is An Insured is amended to 2. Damage To Premises Rented to You include as an additional Insured any person or Limit increased to $500,000. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 3. Medical Payments as an additional insured on this policy under a Limits increased to$15,000. written contract or written agreement. However, Reporting period increased to three years from the written contract or written agreement must be the date of accident. 1. Currently in effect or becoming effective 4. Non-owned Watercraft during the term of this policy, and Increased to 50 feet. 5. Supplementary Payments 2. Executed prior to the "bodily injury", PP rY y "property damage°or"personal injury and Cost of bail bonds increased to $10,000 advertising injury", but Daily loss of earnings increased to$500. 6. NewlyFormed Or Acquired Organizations Only the following persons or organizations q r9 are additional insureds under this Coverage extended to the end of the policy period endorsement and coverage provided to such or the next anniversary of this policy's effective additional insureds is limited as provided date. herein 7. Liberalization Clause a. State or Governmental Agency or Subdivision or Political Subdivi- 8. Unintentional Failure To Disclose Hazards sions 9. Notice of Occurrence Any state or governmental agency or subdivision or political subdivision 10. Broad Knowledge of Occurrence that has issued a permit In connection with operations performed 11. Bodily Injury-Extension of Coverage 9 by you or on your behalf and that you are required by any ordinance, law or 12. Expected Or Intended Injury building code to include as an Reasonable force - bodily injury or property additional insured on this coverage damage. part is an additional insured, but only 13. Blanket Waiver of Subrogation with respect to liability for "bodily Waiver of subrogation where required by written injury", al contract or written agreement and advertising yin injury" arisingge", a ut of 1 ry such operations. ANIC GL 1187 07 16 Page 1 of 6 SAlaska National INSURANCE COMPANY The insurance provided to such state e. Owners or Other Interests From or political subdivision does not apply Whom Land Has Been Leased to any "bodily injury", °property damage" or"personal and advertising An owner or other interest from whom injury" arising out of operations land has been leased by you but only performed for that state or political with respect to liability arising out of subdivision. the ownership, maintenance or use of that specific part of the land leased to b. Controlling Interest you and subject to the following additional exclusions: Any persons or organizations with a controlling interest in you but only This insurance does not apply to with respect to their liability arising out of. (1) Any "occurrence" which takes place after you cease to lease (1) Their financial control of you, or that land, or (2) Premises they own, maintain or (2) Structural alterations, new con- control while you lease or occupy struction or demolition operations these premises performed by or on behalf of such additional insured This insurance does not apply to structural alterations, new construc- f. Co-owner of Insured Premises tion and demolition operations performed by or for such additional A co-owner of a premises co-owned insured, by you and covered under this insurance but only with respect to the c. Managers or Lessors of Premises co-owners liability as co-owner of such premises. A manager or lessor of premises but only with respect to liability arising out g. Lessor of Equipment of the ownership, maintenance or use of that specific part of the premises Any person or organization from leased to you and subject to the whom you lease equipment. Such following additional exclusions: person or organization is an additional insured only with respect to This insurance does not apply to their liability for °bodily injury", "property damage" or "personal and (1) Any "occurrence" which takes Advertising injury" caused, in whole place after you cease to be a or in part, by your maintenance, oper- tenant in that premises, or ation or use of equipment leased to you by such person or organization. (2) Structural alterations, new con- A person's or organization's status as struction or demolition operations an additional insured under this performed by or on behalf of endorsement ends when their written such additional insured. contract or written agreement with you for such leased equipment ends. d. Mortgagee,Assignee or Receiver With respect to the insurance A mortgagee, assignee or receiver afforded these additional insureds, but only with respect to their liability the following additional exclusions as mortgagee, assignee, or receiver apply. and arising out of the ownership, maintenance, or use of a premises by This Insurance does not apply you (1) To any "occurrence" which takes This insurance does not apply to place after the equipment lease structural alterations, new construc- expires; or tion or demolition operations performed by or for such additional insured. ANIC GL 1187 07 16 Page 2 of 6 National ar Alaska E COMPANY (2) To "bodily injury", 'property operations hazard" for the damage", or "personal and additional insured. However, advertising injury" arising out of even if coverage within the the sole negligence of such "products-completed operations additional insured hazard" is required by the written contract, such coverage is • h. Owners, Lessees or Contractors available to the additional insured • only if the "bodily injury" or (1) Such person or organization is an "property damage"occurs prior to additional insured for "bodily the end of the time period during injury", "property damage" and which you are required by the "personal and advertising injury" written contract to provide such rf, and only to the extent that, the coverage or the expiration date of injury or damage is caused by the policy,whichever comes first. negligent acts or omissions of you or your subcontractor in the Any insurance provided to an additional performance of "your work° to insured designated under Paragraphs 2.a. which the written contract through 2.g. above does not apply to "bodily applies. This person or organa- injury" or "property damage' included within zation does not qualify as an the products-completed operations hazard." additional insured with respect to injury or damage caused in whole Primary And Noncontributory Insurance or in part by independent negligent acts or omissions of The following is added to the Other Insurance such person or organization. Condition and supersedes any provision to the (2) However, this insurance does not contrary apply to "bodily injury", °property damage" or "personal and This insurance is primary to and will not seek advertising injury" arising out of contribution from any other insurance available to an architect's, engineer's, or an additional insured under your policy provided surveyor's rendering of or failure that to render any professional services including (1) The additional insured is a Named Insured under such other i. the preparing, approving, or insurance, and failing to prepare or approve maps, drawings, opinions, (2) You have agreed in writing in a reports, surveys, change contract or agreement that this orders, design or insurance would be primary and rdes,specifications;and would not seek contribution from any other insurance available to ii. supervisory, inspection, or the additional insured engineering services. Section III -Limits of Insurance, the following is (3) The insurance provided to this added additional insured, does not With respect to the insurance afforded to the cover "bodily injury" or 'property additional insureds described in Paragraphs a. damage" caused by your through h. above, the most we will pay on behalf negligent acts and omissions in of such additional insured is the amount of the performance of "your work" that occurs within the "products- insurance: completed operations hazard", unless the written contract (1) Required by the contract or contains a specific requirement agreement; or that you procure completed (2) Available under the applicable operations coverage or coverageLimits of Insurance shown the within the "products-completed Declarations, whichever is less. ANIC GL 1187 0716 Page 3 of 6 arMasks National INSURANCE COMPANY This provision shall not increase the applicable 4. NON-OWNED WATERCRAFT Limits of Insurance shown in the Declaration. A. If endorsement CG 21 09, CG 21 10, CG 24 2. Damage To Premises Rented to You 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the SECTION III — LIMITS OF INSURANCE, following- Paragraph 6. is replaced by the following (b) A watercraft that you do not 6. Subject to Paragraph 5. above, the own that is Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while 0) Less than 50 feet long. rented to you, or in the case of damage and by fire, while rented to you or temporarily occupied by you with permission of the (ii) Not being used to carry owner persons or property for a charge If a limit is shown for Damage to Premises Rented to You the most we will pay under B. If Paragraph A. does not apply, Paragraph g. Coverage A for damages because or "property (2) of 2. EXCLUSION under SECTION I — damage" to any one premises is the Limit shown COVERAGES, COVERAGE A — BODILY in the Declarations or $500,000, whichever is INJURY AND PROPERTY DAMAGE greater LIABILITY is replaced by the following 3. MEDICAL PAYMENTS (2) A watercraft that you do not own that is A. Section III—Limits of Insurance, Paragraph 7. is replaced by the following (a) Less than 50 feet long, and 7. Subject to Paragraph 5 above the (b) Not being used to carry Medical Expense Limit is the most we will persons or property for a pay under Coverage C for all medical charge expenses because of "bodily injury" sustained by any one person. 5. SUPPLEMENTARY PAYMENTS If a limit is shown for Medical Expense in A. Under Section I -Supplementary Payments the Declarations the most we will pay - Coverage A and B, Paragraph 1.b., the under Coverage C for all medical limit of$250 shown for the cost of bail bonds expenses because of "bodily injury' is replaced by$10,000; sustained by any one person is the Limit shown in the Declarations or $15,000, B. In Paragraph 1.d., the limit of $250 shown for whichever is greater. daily loss of earnings is replaced by$500 B. This provision 5 (Medical Payments) does 6. NEWLY FORMED OR ACQUIRED not apply it Section I - Coverage C Medical ORGANIZATIONS Payments is excluded either by the provisions of the Coverage Part or by Paragraph 3.a.of Section II-Who Is An Insured endorsement is deleted and replaced by the following C. Paragraph 1.a.(3)(b)of Section I-Coverage Coverage under this provision is afforded only C - Medical Payments, is replaced by the until the end of the policy period or the next following anniversary of this policy's effective date after you acquire or form the organization, whichever is (b) The expenses are incurred earlier and reported to us within three years of the date of the accident;and ANIC GL 1187 07 16 Page 4 of 6 arNN SMI National I 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our forms or rules which The following is added to Paragraph 2.of Section would broaden coverage for contractors under IV-Commercial General Liability Conditions - this endorsement without an additional premium Duties in The Event of Occurrence, Offense, charge, your policy will automatically provide the Claim or Suit: additional coverages as of the date the revision is effective in your state You must give us or our authorized representative notice of an "occurrence", offense, claim, or°suit" 8. UNINTENTIONAL FAILURE TO DISCLOSE only when the "occurrence", offense, claim or HAZARDS "suit' is known to: SECTION IV — COMMERCIAL GENERAL (1) You, if you are an individual, LIABILITY CONDITIONS — Paragraph 6. — Representations is replaced by the following: (2) A partner, if you are a partnership, 6. Representations (3) An executive officer or the By accepting this policy, you agree employee designated by you to give such notice, if you are a a. The statements in the Declarations are corporation, or accurate and complete, (4) A manager, if you are a limited b. Those statements are based upon liability company. representations you made to us,and 11. EXPANDED BODILY INJURY c. We have issued this policy in reliance Section V - Definitions, the definition of "bodily upon your representations. injury"is changed to read The unintentional omission of, or "Bodily injury" means bodily injury, sickness or unintentional error in, any information you disease sustained by a person, including death, provided to us which we relied upon in humiliation, shock, mental anguish or mental issuing this policy will not prejudice your injury by that person at any time which results as rights under this insurance However, this a consequence of the bodily injury, sickness or provision does not affect our right to collect disease additional premium or to exercise our nghts of cancellation or nonrenewal in accordance 12. EXPECTED OR INTENDED INJURY with applicable laws and regulations Exclusion a. of Section I - Coverage A - Bodily 9. NOTICE OF OCCURRENCE Injury and Property Damage Liability is replaced by the following. The following is added to Paragraph 2.of Section IV-Commercial General Liability Conditions - a. "Bodily injury" or "property damage" Duties In The Event of Occurrence, Offense, expected or intended from the Claim or Suit: standpoint of the insured This exclusion does not apply to "bodily Your rights under this Coverage Part will not be injury" or"property damage" resulting prejudiced if you fail to give us notice of an from the use of reasonable force to °occurrence", offense, claim or "suit" and that protect persons or property failure is solely due to your reasonable belief that the 'bodily injury' or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence", offense, claim or "suit" to us as soon as you are aware that this insurance may apply to such °occurrence", offense, claim or"suit" ANIC GL 1187 07 16 Page 5 of 6 Alaska National ar INSURANCE COMPANY 13. BLANKET WAIVER OF SUBROGATION However, this waiver applies only when you have agreed in wnting to waive such rights of recovery The Transfer Of Rights Of Recovery Against in a contract or agreement, and only if the Others To Us Condition (Section IV - contract or agreement. Commercial General Liability Conditions) is amended by the addition of the following. 1. Is in effect or becomes effective during the ten'of this policy, and We waive any right of recovery we may have against any person or organization because of 2. Was executed prior to loss. payments we make for injury or damage arising out of 14. IN REM ACTIONS 1. Your ongoing operations, or Any action in rem against any vessel owned, operated by or for, or chartered by or for you will 2. "Your work" included in the "products- be treated in the same manner as though the completed operations hazard' action were in personam against you. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 1201 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 September 1, 2019 Policy No. 191 PS 08844 Insured MDM Construction Inc Endorsement No. 17 Countersigned By Includes copyrighted material of Insurance Services Office, Inc,with its permission ANIC GL 1187 0716 Page 6 of 6 arINSAlaska National URANCE COMPANY DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All Projects Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I — Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attnbuted only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations nor Schedule above shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, except General Aggregate Lund shown in the damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard", and for medical General Aggregate Limit expenses under Coverage C regardless of the number of a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". CG25030509 Pagel oft UMS a INSURANCE COMPANY B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I —Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury"or"property damage" included in the under Section I — Coverage C, which cannot be "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned and under the General Aggregate Limit or the then restarted, or if the authorized contracting Products-completed Operations Aggregate parties deviate from plans, blueprints, designs, Limit, whichever is applicable, and specifications or timetables, the project will still be 2. Such payments shall not reduce any deemed to be the same construction project. Designated Construction Project General E. The provisions of Section III—Limits Of Insurance Aggregate Limit. not otherwise modified by this endorsement shall continue to apply as stipulated. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12'01 A M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective September 1, 2019 Policy No. 191 PS 08844 Insured MDM Construction Inc Endorsement No Countersigned By Vomit Raven Inland Insurance/Spokane Valley m Insurance Services Office, Inc, 2008 CG 25 03 05 09 Page 2 of 2 AlaskIN11116 National aE COMPANY BUSINESS AUTO COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following- BUSINESS AUTO COVERAGE FORM Various provisions in this endorsement restrict SECTION IV — Business Auto Conditions, coverage. Read the entire policy carefully to Paragraph A. 5. — Transfer of Rights of Recovery determine rights, duties, and what is and is not Against Others To Us is amended to include: covered. 5. Transfer of Rights of Recovery Against Throughout this policy, the words "you" and "your" Others to Us refer to the Named Insured shown in the Declarations. The words"we", "us", and "our" refer to This condition does not apply to any the company providing this insurance. person(s) or organization(s) to the extent that subrogation against that person or Other words and phrases that appear in quotation organization is waived prior to the "accident" marks have special meaning. Refer to SECTION V— or the "loss" under a contract with that person DEFINITIONS in the Business Auto Coverage Form. or organization. The coverages provided by this endorsement apply SECTION II — COVERED AUTO LIABILITY per "accident" and, unless otherwise specified, are COVERAGE, Paragraph A.2 a. (2) — Supplementary subject to all of the terms, conditions, exclusions and Payments is replaced by the following. deductible provisions of the policy, to which it is attached (2) Up to $10,000 for cost of bail bonds (including bonds for related traffic law SECTION II — COVERED AUTO LIABILITY violations) required because of an COVERAGE, Paragraph A 1. Who Is An Insured is °accident" we cover. We do not have amended to include' to furnish these bonds. d. Any "employee" of yours while operating SECTION II — COVERED AUTO LIABILITY an "auto° hired or rented under a COVERAGE, Paragraph A.2 a. (4) —Supplementary contract or agreement in an "employee's' Payments is replaced by the following. name, with your permission, while performing duties related to the conduct (4) All reasonable expenses incurred by of your business. the"insured" at our request, including actual loss of earnings up to $500 a e. Any person or organization for whom you day because of time off from work have agreed in writing to provide insurance such as is afforded by this Coverage Form, but only with respect to liability arising out of the ownership, maintenance or use of"autos"covered by this policy. If such person or organization has other insurance then this insurance is primary to and we will not seek contribution from the other insurance. ANIC CA 1150 10 13 Page 1 of 4 ar Alaska National INSURANCE COMPANY C. "Loss° caused by falling objects or SECTION II — COVERED AUTO LIABILITY missiles. COVERAGE, Paragraph A.2.c.—Voluntary Property Damage is added as follows. However, you have the option of having glass breakage caused by a covered "auto's" c. Voluntary Property Damage collision or overturn considered a"loss" under Collision Coverage. At your written request, we may make a voluntary payment for Property Damage Glass Repair—Waiver of Deductible caused by an "insured", but without liability to a third party, up to$25,000.We No deductible applies to glass breakage, if will not make a Voluntary Property the glass is repaired rather than replaced. Damage payment to anyone who is an "insured"under this policy SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph A.4 a — Transportation Expenses is SECTION III — PHYSICAL DAMAGE COVERAGE, replaced by the following: Paragraph A 2 —Towing is replaced by the following: a. Transportation Expenses Towing We will pay up to $200 per day to a We will pay up to $500 for towing and labor maximum of $1,500 for temporary costs incurred each time a covered `auto° transportation expense incurred by you that is a because of the total theft of a covered "auto"that is a: a. Private passenger, (1) Private passenger, b. Truck; (2) Truck; c. Pick-up truck, (3) Pick-up truck; d. Panel , or e. Van (4) Panel, or type vehicle under 20,000 lbs. of Gross (5) Van Vehicle Weight is disabled. However, the labor must be performed at place of typeVehivehicle under We will00 lbs. of Gross disablement. thoseele Weight. " will pay only forry covered "autos"for which you carry SECTION III — PHYSICAL DAMAGE COVERAGE, either Comprehensive or Specified Causes of Loss Coverage We will pay Paragraph A.3 — Glass Breakage — Hitting a Bird for temporary transportation expenses or Animal—Falling Objects or Missiles is replaced incurred during the period beginning 48 by the following. hours after the theft and ending, regardless of the policy's expiration, Glass Breakage—Hitting a Bird or Animal when the covered "auto" is returned to —Falling Objects or Missiles use or we pay for its"loss'. If you carry Comprehensive Coverage for the damaged covered "auto", we will pay the following under Comprehensive Coverage: a. Glass Breakage; b. "Loss" caused by hitting a bird or animal, and ANIC CA 1150 10 13 Page 2 of 4 Alaska onal ar INSURANCE COMPANY (2) Specified Causes of Loss only if the SECTION III — PHYSICAL DAMAGE COVERAGE, Declarations indicate that Specified Paragraph A 4.b. — Loss of Use Expenses is Causes of Loss Coverage is provided replaced by the following. for the "auto" withdrawn from service, ar b. Loss of Use Expenses—Hired, Rented, (3) Collision only if the Declarations or Borrowed Automobiles indicate that Collision Coverage is provided for the "auto" withdrawn We will pay expenses for which an from service. "insured" becomes legally responsible to pay for loss of use of a vehicle hired, SECTION III — PHYSICAL DAMAGE COVERAGE, rented or borrowed without a driver under Paragraph A.4.d. — Airbag Coverage is added as a written rental contract or agreement. follows We will pay for loss of use expenses, if caused by d. Airbag Coverage (1) Other than Collision, only if the We will pay for the cost to repair, replace, Declarations indicate that or reset an airbag that inflates for any Comprehensive Coverage is provided reason other than as a result of a for the vehicle withdrawn from collision, if the Declarations indicate that service, the covered "auto° has Comprehensive Coverage or Specified Causes of Loss (2) Specified Causes of Loss only if the Coverage. Declarations indicate that Specified Causes of Loss Coverage is provided SECTION III — PHYSICAL DAMAGE COVERAGE, for the vehicle withdrawn from Paragraph A.4.e. — Rental Reimbursement service Coverage is added as follows: (3) Collision only if the Declarations e. Rental Reimbursement Coverage indicate that Collision Coverage is provided for the vehicle withdrawn We will pay up to $75 per day for rental from service. reimbursement expenses incurred by you for the rental of an "auto" because of However, the most we will pay for any "loss"to a covered"auto"that is a expenses for loss of use is $200 per day, to a maximum of$1,500. (1) Private Passenger; SECTION III — PHYSICAL DAMAGE COVERAGE, (2) Truck, Paragraph A.4 c.—Non-Transportation Loss of Use Expenses is added as follows. (3) Pick-up truck, c. Non-Transportation Loss of Use (4) Panel, or Expenses (5) Van We will pay up to $2,000 for non- transportation expense incurred by you, type vehicle under 20,000 lbs. of Gross because of "loss" to a covered "auto°, if Vehicle Weight. Payment applies in caused by addition to the otherwise applicable amount of each coverage you have on a (1) Other than Collision, only if the covered "auto No deductibles apply to Declarations indicate that this coverage. Comprehensive Coverage is provided for the"auto"withdrawn from service, ANIC CA 1150 10 13 Page 3 of 4 Ala.s iona ar INSURANCE/at M / PANY (1) We will pay only for those expenses SECTION IV — BUSINESS AUTO CONDITIONS — incurred during the policy period Paragraph B.5.b. — Other Insurance is replaced by beginning 24 hours after the loss" the following: and ending, regardless of the policy's expiration, with the lesser of the b. For Hired Auto Physical Damage following number of days: Coverage, the following are deemed to be covered"autos"you own: (a) The number of days reasonably required to repair or replace the (1) Any covered "auto" you lease, hire, covered"auto" rent, or borrow; and (b) 30 days. (2) Any covered "auto"" hired or rented by your "employee' under a contract (2) This coverage does not apply while in that individual "employee's" name, there are spare or reserve °autos" with your permission, while available to you for your operations. performing duties related to the conduct of your business (3) The Rental Reimbursement Coverage described above does not However, any"auto"that is leased, hired, apply to a covered "auto" that is rented or borrowed with a dnver is not a described or designated as a covered covered 'auto'. "auto" on Rental Reimbursement Coverage Form CA 99 23. SECTION V — DEFINITIONS — Paragraph C. — "Bodily injury" is replaced by the following SECTION IV — BUSINESS AUTO CONDITIONS - Paragraph B.2 —Concealment, Misrepresentation Or C. "Bodily injury" means bodily injury, sickness or Fraud is amended by adding Unintentional Failure disease sustained by a person including death or to Disclose Hazards at the end of Paragraph B 2 as mental anguish resulting from any of these. follows Mental anguish means any type of mental or emotional illness or disease Unintentional Failure to Disclose Hazards If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 1201 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 September 1, 2019 Policy No. 191 AS 08844 Insured MDM Construction Inc Endorsement No. Countersigned By CO Insurance Services Office, Inc., 2009 ANIC CA 1150 10 13 Page 4 of 4