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AG 20-976 - Miles Resources RETURN TO: PW ADMIN EXT: 2700 ID#: 3901 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS/ Captial Projects ................. ................. 2. ORIGINATING STAFF PERSON: John Mulkey EXT: 261-3668 - 3. DATE REQ. By:4/20/21 3. TYPE OF DOCUMENT(CHECK ONE): [3 CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) [3 PUBLIC WORKS CONTRACT [3 SMALL OR LIMITED PUBLIC WORKS CONTRACT [3 PROFESSIONAL SERVICE AGREEMENT [3 MAINTENANCE AGREEMENT [3 GOODS AND SERVICE AGREEMENT 13 HUMAN SERVICES/CDBG o REAL ESTATE DOCUMENT [3 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) [3 ORDINANCE [3 RESOLUTION 0 CONTRACT AMENDMENT(AG#):20-1976 0 INTERLOCAL 0 OTHER Change Order 1 � ... .... 4. PROJECT NAM ': SW 320th Street Preservation Project .................... 5. NAME OF CONTRACTOR. Miles Resources I ........... ADDRESS: 400 Valley Ave-..NE. PL,IyallUf), WA 98372 TELFT11ONE,: 253-383-3585 E-MAIL: Betsuiz rrfl(q� .......... AX ..........IT .ft sresources.com F . SIGNATURErt NAMEch: Bradley Griffith VP/GM, ........... 6. EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES G3 COMPENSATION [3 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL OTHER REFERENCED EXHIBITS D PROOF OF AUTHORITY TO SIGN [3 REQUIRED LICENSES [3 PRIOR CON'l I�ACIIAMEN DM ENTS CFW LICENSE#09-104415-00 13111,EXP. 12/31/ 10/31/21 UBI 9 602-870-349 EX 11, 1,2/31421 ............. 7. TERM: COMMENCEMENT DATE.- 12/28/2020 COMPLETION DATE:, Upon Completion 49 WD ...........Upon.-.-- 8. TOTAL COMPENSATION:$43,764.93 this CO/$627,052.98 Total (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 13 YES [a NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: 0 YES 63 NO IF YES,$ PAID BY: 0 CONTRACTOR 13 CITY RETAWAGE: RETAMAGE AMOUNT: Fed Aid -None o RETAINAGE AGREEMENT(SEE CONTRACT) OR o RETAfNAGE BOND PROVIDED i!i PURCHASING: PLEASE CHARGE TO: c36214-26500 .......... 9. DOCUMENT/CONTRACT REVIEW INITIAL/DATE R r--m EW ED INITIAL DATE APPROVED A PROJECT MANAGER JRM-4-6-21 11 DIVISION MANAGER SLH 4-7-2021 A DEPUTY DIRECTOR EJW 4/7/2021 ................. I DIRECTOR EJW 4/8/2021 Ei RISK MANAGEMENT (IF APPLICABLE) ..........---- I LAW DEPT ER 4/8/2021 .............. 10. COUNCIL APPROVAL(IF APPLICABLE) N/A SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 11. CONTRACT SIGNATURE ROUTING M SENT TO VENDOR/CONTRACTOR DATE SENT: 4 113/2021 DATE REC,D:412012021 * ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS * CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL DATE SIGNED Ei FINANCE DEPARTMENT Ei LAW DEPT Ei SIGNATORY(MAYOR OR DIRECTOR) l use Ei CITY CLERK Ei ASSIGNED AG 9 AG# o SIGNED Copy RETURNED DATE SENT: COMMENTS: EXECUTE ORIGINALS ........................ ........................................ .............. ............. ............. 1/2020 F FEDERAL V4J'AY i 214 AG#20-976 1 y PROJECT NUMBER _ AGREEMENT NUMBER _ CHANGEORDERNUMBER EFFECTIVEDATE SW 320TH STREET PRESERVATION PROJECT MILES RESOURCES LLCa _ PROJECTTITLE _ CONTRACTOR SUMMARY OF PROPOSED CHANGES: This Change Order covers the work changes summarized below: Remove trees and roots in planter and sidewalk areas along SW 320th Street as noted in the attached tree removal list per the attached bid from Miles Resources, LLC. Create new bid item No. 56,Tree and Root Removal. Unit Cost will be$39,092.70 per Lump Sum, quantity will be 1, per Lump Sum. Adjust time related bid items, BI 4 and BI 5 for added time to the contract of 4 working days. Create new bid item 57, Replace Through Curb Inlet. Unit Cost will be $1,500, per Each, Quantity will be 2, per Each. No bid item provided but one called out for replacement and second added in curb replacement area. The time provided for completion in the Contract is ❑ Unchanged N Increased by 4 Working Day(s) ❑ Decreased by_ Working Day(s) This Document shall become an Amendment to the Contract and all provisions of the Contract not amended herein will apply to this Change Order. Will this change affect expiration or extent of Insurance coverage? ❑ Yes N No If"Yes"Will the Polii s Bp1 Yes No MODIFICATIONS TO UNIT PRICES. PREVIOUS REVISED ITEM NO,ITEM OTY UNIT PRICE UtilljIIICE.ADD OR DELETIr' 4 TRAFFIC CONTROL SUPERVISOR 1 $25,600.00 $27,875.56 $2,275.56 5 PROJECT TEMPORARY TRAFFIC CONTROL 1 $2,775.00 $3,021.67 $246.67 CHANGE E AGREEMENT Rev. 8/19 THESE ITEMS ARE APPROXIMATE OR ESTIMATED QUANTITIES INVOLVED IN THIS CHANGE: ITEM NO, ITEM QU UNIT PRICE AID12 Q8 12ELEIE 4 TRAFFIC CONTROL SUPERVISOR 1 $27,875.56 ADD$2,275.56 5 PROJECT TEMPORARY TRAFFIC CONTROL 1 $3,021.67 Add $246.67 56 TREE AND ROOT REMOVAL 1 $39,092.70 ADD$39,092.70 57 REPLACE THROUGH CURB INLET 2 $1,075.00 ADD$2,150.00 TOTAL NET CONTRACT: INCREASE$43,764.93 J DECREASE$ DEPARTMENT RECAP TO DATE: ORIGINAL CONTRACT AMOUNT $ 583, 8&05' PREVIOUS CHANGE ORDERS $ 0.00 THIS CHANGE ORDER $ 43,764.93 NEW CONTRACT AMOUNT $ 632,0 i2.98 STATEMENT: Payment for the above work will be in accordance with applicable portions of the standard specifications,and with the understanding that all materials, workmanship and measurements shall be in accordance with the provisions of the standard specifications, the contract plans, and the special provisions governing the types of construction. The execution of this Change Order shall constitute full satisfaction and a waiver of any and all claims by the Contractor arising out of, or relating in any way to, the Work identified, to be performed, or eted'pursuant to Change rd'er,except as specifically described in this Change Order, CON RACTOR" GNATURE DATE PUBLIC W R S DIRECTOR DATE CHANGE ORDER AGREEMENT 2 Rev. 8/19 MILES RESOURCES LLC 400 Valley Avenue NE Phone: (253)383-3585 Puyallup,WA 98372 Fax: (253)572-8648 WA. Contractor IJC. #MILESRL897RK To: City Of Federal Way Contact: John Mulkey Address: P.O. Box 9718 Phone: (253)835-2526 Federal Way,WA 98063-9718 Fax: (253)835-2709 Project Name: 320th Street Tree Removal Bid Number: Project Location: City Of Federal Way Bid Date: 3/10/2021 Miles Resources is pleased to offer the following quotation for the above referenced project.Our proposed scope of work is as follows: Item# Item Description Estimated Quantity Unit Unit Price Total Price 1 Remove 16 Trees&Restoration 1.00 LS $39,092.70 $39,092.70 Total Bid Price: $39,092.70 Notes: • This quote is valid for 45 days.An Intent to Award or a Subcontract must be received within 45 days of Bid Submittal. • This proposal is subiect to approved subcontract and mutually aqreed to schedule. Payment Terms: Terms: Net 30 days from date of invoice . _.... ...... ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and MILES RESOURCES LLC are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Brett Schultz 253-307-4935 brett.schultz@milesresources.com Page 1 of 1 SW 320t" St 2021 Preservation Project TREE REMOVAL LIST 1) Sta 19+90 Lt Tree, Stump&Root Removal 2) Sta 19+50 Lt Tree,Stump&Root Removal 3) Sta 16+30 Lt Tree,Stump & Root Removal 4) Sta 15+90 Lt Tree,Stump & Root Removal 5) Sta 15+50 Lt Tree,Stump& Root Removal 6) Sta 13+90 Lt Tree, Stump & Root Removal 7) Sta 33+50 Lt Tree, Stump& Root Removal 8) Sta 34+65 Lt Tree,Stump&Root Removal 9) Sta 11+30 Rt Tree,Stump& Root Removal 10) Sta 13+00 Rt Tree,Stump& Root Removal 11) Sta 15+40 Rt Tree,Stump& Root Removal 12) Sta 17+00 Rt Tree,Stump& Root Removal 13) Sta 17+75 Rt Tree,Stump& Root Removal 14) Sta 19+75 Rt Tree,Stump& Root Removal 15) Sta 24+00 Rt Tree,Stump& Root Removal 16) Sta 21+00 Lt Tree,Stump&Root Removal MILES RESOURCES LLC 400 Valley Avenue NE Phone: (253)383-3585 Puyallup,WA 98372 Fax: (253)572-8648 WA. Contractor LIC. #MILESRL897RK To: City Of Federal Way Contact: Jacob Williams Address: P.O. Box 9718 Phone: (253)835-2526 Federal Way,WA 98063-9718 Fax: (253)835-2709 Project Name: SW 320th Street Through Curb Inlet Quote Bid Number: Project Location: Bid Date: Miles Resources is pleased to offer the following quotation for the above referenced project.Our proposed scope of work is as follows: Item# Item trescription Estimated Quantity Unit Unit Price Total Price 1 Through Curb Inlet 2.00 EACH $1,075.00 $2,150.00 Total Bid Price: $2,150.00 Notes: • This quote is valid for 45 days.An Intent to Award or a Subcontract must be received within 45 days of Bid Submittal. • This proposal is subiect to approved subcontract and mutually aqreed to schedule. Payment Terms: Terms: Net 30 days from date of invoice ACCEPTED: CONFIRMED: The above prices,specifications and conditions are satisfactory and MILES RESOURCES LLC are hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: . Estimator: Brett Schultz 253-307-4935 brett.schultz@milesresources.com Page 1 of 1 RETURN TO: PW ADMIN EXT: 2700 ID#: 3791 / 3828 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT/][)IV: PUBLIC WORKS/Capital Projects ORIGINATING STAFF PERSON: John Mulkey EXT: 261-3668 3. DATE REQ. B,,: 11/18/2020 TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ® PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL ❑ OTHER RFB 20-008 I. PROJECT NAME: SW 320th Street Preservation Project c. NAMEOFCONTRACTOR: Miles Resources, LLC ADDRESS: 400 Valle Ave NE Puyallup, WA 98372 TELEPHONE: 253-383-3585 E-MAIL: Brett.schulzCo)milesresources.com FAX: SIGNATURENAME: Bradley Griffith TITLE:VP/GM i. EXHIBITS AND ATTACHMENTS:® SCOPE,WORK OR SERVICES m COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHEF REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS CFW LICENSE#09-104415-00 BL,EXP. 12/31/ 10/31/21 UBI#602-870-349 ,EXP. 12/12/21 TERM: COMMENCEMENT DATE: Upon Execution COMPLETION DATE: Upon Completion 45 WD i. TOTAL COMPENSATION:$583,288.05 (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑YE :ed 9X)na#eYES,$ PAID BY: ®CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED O PURCHASING: PLEASE CHARGE TO: c36214-26500 I. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED 8 PROJECT MANAGER JRM-8-14-2020 JRM 11-4-2020 II DIVISION MANAGER SLH 8/14/2020 SLH 11/5/2020 8 DEPUTY DIRECTOR DSw e/1712020 6 DIRECTOR 'W DSW 11/17/2020 ❑ RISK MANAGEMENT (IF APPLICABLE) 6 LAW DEPT DK 08-25-2020 ER reviewed 11/10/2020 0. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: 11/2/2020 COMMITTEE APPROVAL DATE: 11/2/2020 SCHEDULED COUNCIL DATE: 11/17/2020 COUNCIL APPROVAL DATE: 1. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (INCLUDE DEPT.SUPPORT STAFF IF NECESSARY AND FEEL FREE TO SET NOTIFICATION MORE THAN A MONTH IN ADVANCE IF COUNCIL APPROVAL IS NEEDED.) INITIAL/DATE SIGNED ❑ FINANCE DEPARTMENT LI LA DEPT Z ft 7O q0WGNATORY(MAYOR OR DIRECTOR) ElCITY CLERK ❑ ASSIGNED AG# G El SIGNED COPY RETURNED ED E SENT: :OMMENTS: ;XECUTE" 1 "ORIGINALS THIS IS THE'CONFORMED"SET,NO CHANGES CAN BE MADE TO THE BODY OF THE BID DOCUMENTS EXCEPT FOR CONTRACTOR NAME AND VALUE 1/2020 CONFORMED PUBLIC WORKS CONTRACT THIS PUBLIC WORKS CONTRACT ("Contract") is dated effective this day of L C"(72020 and is made by and between the City of Federal Way, a Washington municipal corporation ("City or Owner"), and Miles Resources, LLC, a Washington Limited Liability Company ("Contractor"), for the project known as SW 320th Street Preservation (the"Project"). A. The City desires to retain an independent contractor to furnish all labor and materials necessary to perform work necessary to complete the Project; and B. The Contractor has the requisite skill and experience to perform such work. NOW, THEREFORE, the parties ("Parties") agree to the following terms and conditions: 1. SERVICES BY CONTRACTOR Contractor shall perform all Work and furnish all tools, materials, supplies, equipment, labor and other items incidental thereto necessary for the construction and completion of the Project. Contractor shall perform the Work in a manner consistent with accepted practices for other properly licensed contractors and in accordance with and as described in the Contract Documents, which Work shall be completed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. 2. TERM 2.1 This Contract shall commence on the effective date of this Contract and continue until the Project is formally accepted as complete by the City Council, Notice of Project Completion is filed with State agencies, and all bonds for the Project are released by the City. 2.2 The Contractor must complete the Work in accordance with the number of Working Days for the Project as identified in the Contract Documents. With regard to obtaining Substantial Completion and the Completion Date by the Contractor, time is of the essence. In the event the Work is not substantially completed within the time specified in the Contract Documents, Contractor agrees to pay to the City liquidated damages in the amount set forth in the Contract Documents. The parties acknowledge that delays inconvenience the public and cost taxpayers undue sums of money, adding time needed for administration, inspection, and supervision of the Project and diverting City resources from other projects and obligations. 2.3 If the Contractor is unreasonably delayed by others, notification shall be made in writing to the Engineer in accordance with the Contract Documents. Any request for a time extension or additional compensation (including expectancy or consequential damages) allegedly resulting from such delay shall be made in accordance with the procedures of the Contract Documents. Failure to follow the notice procedures in the Contract Documents is a full and complete waiver of Contractor's right to additional time, money, damages, or other relief (including expectancy or consequential damages) as a result of the event or condition giving rise to such request. 3. COMPENSATION 3.1 In consideration of the Contractor performing the Work, the City agrees to pay the Contractor an amount not to exceed Five Hundred Eighty-Three Thousand Two Hundred Etghty-Eicalit and 05/100 Dollars ($ 583.288.05), which amount shall constitute full and complete payment by the City ("Total Compensation"). The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Contract. 3.2 The City shall pay the Contractor for Work performed under this Contract as detailed in the Bid Proposal, which is incorporated herein and made a part hereof by this reference, and as detailed in the Contract Documents. The City shall have the right to withhold payment to the Contractor for any of the Work not completed in a satisfactory manner, in the City's sole and absolute discretion, which shall be withheld until such CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-22 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED time as Contractor modifies or repairs the Work so that the Work is acceptable to the City. Payment to the Contractor for partial estimates, final estimates, and retained percentages shall be subject to controlling laws. 3.3 In addition to the requirements set forth in the Contract Documents, the Contractor shall maintain Project cost records by cost codes and shall contemporaneously segregate and separately record, at the time incurred, all costs (1) directly associated with each work activity, (2) directly or indirectly resulting from any event, occurrence, condition, or direction for which Contractor seeks an adjustment in Contract price Contract time, or related to any other Claim or protest. Any work performed for which Contractor intends to seek an adjustment in Contract Price or Contract Time, or related to any other Claim or protest, shall be recorded on the same day the work is performed and kept separate so as to distinguish it from Contract Work. 4. INDEPENDENT CONTRACTOR 4.1 It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall not conduct itself as nor claim to be an officer or employee of the City. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Nothing contained in this Contract shall create a contractual or direct relationship with or a cause of action in favor of a Subcontractor or third party against the City, or by the Contractor against the Engineer, or against any of their agents, employees, engineers, or consultants. 4.2 If the Contractor is a sole proprietorship or if this is a contract with an individual, the contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 5. INDEMNIFICATION 5.1 Contractor Indemnification. 5.1.1 The Contractor shall indemnify, defend, and hold the City, its elected officials, officers, employees, agents, consultants, and volunteers (collectively "the Indemnified Parties") harmless from any costs or losses, and pay and damages or judgments, related to any claim brought by any person employed in any capacity by the Contractor or subcontractor or supplier (of any tier) performing the Work, with respect to the payment of wages, salaries, or other compensation or benefits including but not limited to benefits such as medical, health, retirement, vacation, sick leave, etc. 5.1.2. To the fullest extent permitted by law, the Contractor shall defend, release, indemnify, and hold harmless the City and the Indemnified Parties for, from, and against any and all claims, demands, losses, costs, damages, suits, actions, expenses, fines, penalties, response costs, and liabilities (including costs and all attorney and expert fees and internal personnel costs of investigation) of whatsoever kind or nature to the extent arising from, resulting from, connected with, or incident to the Contractor's performance or failure to perform this Contract or the Work or its breach of this Contract; provided, however, that if the provisions of RCW 4.24.155 apply to the Work and any injuries to persons or property arising out of the performance of this Contract are caused by or result from the concurrent negligence of the Contractor or its subcontractors, agents, employees, or anyone for whom they are legally liable, and an Indemnified Party, the indemnification and defense obligations under this Section 5.1.2 apply only to the extent of the negligence of the Contractor, its subcontractors, agents, employees, and anyone for whom they are legally liable. 5.1.3 Contractor specifically assumes potential liability for actions brought by the Contractor's own employees or former employees against any Indemnified Party, and for that purpose Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-23 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. Provided, however, the Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against the Contractor by any Indemnified party, and does not include, or extend to, any claims by the Contractor's employee directly against the Contractor. The Contractor recognizes that this waiver was specifically entered into. 5.2 Contractor Release. Any deviation, alteration, variation, addition, or omission in the Work by Contractor from the Contract Documents shall preclude Contractor from bringing any Claim or request for additional time or compensation on the basis of an alleged defect or error in the Contract Documents related to or arising, in any way, from that deviation, alteration, variation, addition, or omission. The Contractor further warrants that any alteration, variation, deletion, or omission fully complies with or exceeds all requirements of the Contract Documents and assumes all risk thereof. 5.3 Survival. The provisions of this Section shall (1) survive the expiration or termination of this Contract with respect to any event occurring prior to such expiration or termination, final payment hereunder, and any applicable statute of repose with respect to claims, fines, costs or damages brought or made against any Indemnified Party; (2) shall not be limited by RCW 4.16326(g); and (3) are in addition to any other rights or remedies which the City and/or any of the Indemnified Parties may have by law or under this Contract. 5.4 Offset. In the event of any claim or demand made against any Indemnified Party hereunder, the City may, in its sole discretion, reserve, retain or apply any monies due to the Contractor under the Contract or any other agreement or contract with the City for the purpose of resolving such claims; provided, however, that the City may, in the City's sole discretion, release such funds if the Contractor provides the City with adequate assurance of the protection of the City's and the other Indemnified Parties interests. 5.5 The Contractor shall ensure that each Subcontract includes a provision requiring each Subcontractor to indemnify and defend the City and the Indemnified Parties in the same manner, to the same extent, and for the same duration as Contractor agrees to indemnify and defend the City and the Indemnified Parties in this Section 5. 6. OWNERSHIP OF DOCUMENTS All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, all finished or unfinished documents or material which may be produced or modified by Contractor while performing the Work, whether or not required to be furnished to the City, shall become the property of the City, shall be delivered to the City at its request, and may be used by the City without restriction. 7. PATENTS, COPYRIGHTS. AND RIGHTS IN DATA 7.1 Any patentable result or material suitable for copyright arising out of this Contract shall be owned by and made available to the City for public use, unless the City shall, in a specific case where it is legally permissible, determine that it is in the public interest that it not be so owned or available. 7.2 The Contractor agrees that the ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes and other work submitted or which is specified to be delivered under this Contract, whether or not complete (referred to in this subsection as "Subject Data"), is hereby irrevocably transferred and assigned to the City and shall be vested in the City or such other local, state or federal agency, if any, as may be provided by separate contract with the City. The Contractor shall execute and deliver such instruments and take such other action(s) as may be requested by the City to perfect or protect the City's rights to such Subject Data and work product, and to perfect the assignments and transfers contemplated in Sections 6 and 7. 7.3 All such Subject Data furnished by the Contractor pursuant to this Contract, other than documents exclusively for internal use by the City, shall carry such notations on the front cover or a title page (or in such case of maps, in the same block) as may be requested by the City. The Contractor shall also place their CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-24 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED endorsement on all Subject Data furnished by them. All such identification details shall be subject to approval by the City prior to printing. 7.4 The Contractor shall ensure that substantially the foregoing paragraphs in Sections 6 and 7 are included in each subcontract for the work on the Project. 8. GENERAL PROVISIONS 8.1 Entire Contract. The Contract Documents contain all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. In entering into this Contract, neither party has relied upon any statement, estimate, forecast, projection, representation, warranty, action or agreement of the other party except for those expressly contained in the Contract Documents. 8.2 Documents. The documents incorporated by reference, as if fully set forth in this Contract, are the Advertisement for Bids, the Instructions to Bidders and Checklists, the Contractor's Bid Proposal (including all forms and supplemental information listed on the Bidders Checklist), the Contract Documents (including Project Plans, Specifications, and all Appendices, Amendments, and Supplemental Reports & Information), the Contract Provisions (including all forms and supplemental information listed on the Contract Checklist), the version of the Washington State Standard Specifications for Road, Bridge, and Municipal Construction identified herein, and any other documents provided to bidders and/or referenced in or referred to by the Contract Documents. 8.3 Modification. No provisions of this Contract, including this provision, may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest in accordance with the Contract Documents. 8.4 Change Orders. In addition to its rights under the Contract Documents, the City may unilaterally issue a Change Order at any time making changes within the general scope of the Contract, without invalidating the Contract and without providing notice to sureties. The City's issuance of a unilateral Change Order shall not be construed as a waiver of any rights afforded the City, including its right to reject a prior protest or request for change or Claim due to untimeliness or the Contractor's failure to fully comply with the requirements of the Contract Documents, or to void the unilateral Change Order due to unilateral mistake, misrepresentation, or fraud. 8.5 Total Cost Method /Claims. In no event shall a Total Cost Method or a modified Total Cost Method be used by the Contractor to calculate any adjustments to the Contract price. For the purpose of this provision, any cost method, or variety of cost methods, using the difference between the actual cost of the Work and the Bid or Contract price of the Work to calculate any additional compensation or money owed to the Contractor shall be considered a Total Cost Method. In addition, the City shall not be responsible for, and the Contractor shall not be entitled to, any compensation for unallowable costs. Unallowable costs include, but are not limited to: (i) interest or attorneys' fees, except as mandated by statute; (ii) Claim preparation or filing costs; (iii) the costs of preparing notices or protests; (iv) lost profits, lost income, or lost earnings; (v) costs for idle equipment when such equipment is not at the Site, has not been employed in the Work, or is not scheduled to be used at the Site; (vi) claims consulting costs; (vii) expert fees and costs; (viii) loss of other business; and/or(ix) any other special, consequential, expectancy, incidental, or indirect damages incurred by the Contractor, Subcontractors, or suppliers. 8.6 Warranties and Guarantees. In addition to the requirements of the Contract Documents, the Contractor warrants that all portions of the Work that will be covered by a manufacturer's or supplier's guarantee or warranty shall be performed in such a manner so as to preserve all rights under such guarantees or warranties. If the City attempts to enforce a claim based upon a manufacturer's or supplier's guarantee or warranty and such manufacturer or supplier refuses to honor such guarantee or warranty based, in whole or in part, on a claim of defective installation by the Contractor or a Subcontractor, the Contractor shall be responsible for any resulting loss or damage, and repairs, incurred by the City as a result of the manufacturer's or supplier's refusal to honor such guarantee or warranty. This obligation survives termination of this Contract. CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-25 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED 8.7 Full Force and Effect. Any provision of this Contract, which is declared invalid, void or illegal, shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 8.8 Ass g ment. The Contractor shall not transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the City. In the event the City consents to any such assignment or transfer, such consent shall in no way release the Contractor from any of its obligations or liabilities under this Contract. 8.9 Successors In Interest. Subject to the preceding Subsection, this Contract shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. 8.10 Time Limitation and..Venue. For the convenience of the parties to the Contract it is mutually agreed by the parties that any claims, causes of action, or disputes which the Contractor has against the City arising from the Contract shall be brought within the following time period: (i) 180 calendar days from the date of Substantial Completion for those claims, causes of action, or disputes arising prior to the date of Substantial Completion, and (ii) 180 calendar days from the date of Final Acceptance of the Contract by the City for those claims, causes of action, or dispute arising after the date of Substantial Completion. It is further agreed that the venue for any claim, cause of action, or dispute related to this Contract shall be King County, Washington, which shall have exclusive jurisdiction over any such case, controversy, or dispute. The parties understand and agree that the Contractor's failure to bring suit within the time period provided, shall be a complete bar to any such claims or causes of action. It is further mutually agreed by the parties that when any claims, causes of action, or disputes which the Contractor asserts against the City arising from the Contract are filed with the City or initiated in court, the Contractor shall permit the City to have timely access to any records deemed necessary by the City to assist in evaluating the claims, action, or dispute. 8.11 No Waiver. Failure of the City to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 8.12 Sole Authority/Discretiun/Judgi-nent. Where the Contract Documents provide the City or its Engineer with "sole" authority, discretion, or judgment, such authority, discretion, or judgment shall be considered unconditional and absolute. 8.13 Governing Law. This Contract shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 8.14 Authority. Each individual executing this Contract on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Contract on behalf of the Contractor or City. 8.15 Engineer. The Engineer is the City's representative who directly supervises the engineering and administration of a construction Contract. The Engineer's authorities, duties, and responsibilities are limited to those specifically identified in the Contract Documents. Designation of an individual or entity as the Engineer for the Project is solely to identify the representative of the City as the entity to act as the Engineer as described in the Contract Documents. Using the term "engineer' does not imply that such entity or person is a licensed professional engineer or an engineering company and does not import any additional obligations upon the actions of the Engineer that may govern licensed professional engineers when performing engineering services. The Engineer for this Project is designated as: John Mulkey, P.E., Senior Capital Engineer 8.16 Notices. Any notices required to be given to Contractor or to the Engineer shall be delivered to the Parties at the addresses set forth below. Any notices may be delivered personally to the addressee of the CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-26 PROJECT#214/RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED notice or may be deposited in the United States mail, postage prepaid, to the address set forth herein. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. CONTRACTOR: Miles Resources, LLC Attn: Bradley Griffith 400 Valley Ave NE Puyallup, WA 98372 ENGINEER City of Federal Way Attn: John Mulkey P.E., Senior Capital Engineer 33325 8th Ave S Federal Way, WA 98003 8.17 Captions. The respective captions of the Sections of this Contract are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect in any respect any of the provisions of this Contract. 8.18 Performance. Time is of the essence of this Contract and each and all of its provisions in which performance is a factor. Adherence to completion dates is essential to the Contractor's performance of this Contract. 8.19 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Contract, this Contract may be rendered null and void, at the City's option. 9. PERFORMANCE/PAYMENT BOND Pursuant to RCW 39.08.010, the Contractor's payment and performance bonds must be conditioned upon: (i) faithful performance of all of the provisions of the Contract, including warranty obligations; (ii) the payment of all laborers, mechanics, Subcontractors, and Suppliers, and all persons who supply such persons with provisions or supplies in carrying out the Work; and (iii) payment of any taxes, liabilities, increases, or penalties incurred on the Project under Titles 50, 51, and 82 RCW which may be due on (a) projects referred to in RCW 60.28.011(1)(b), and (b) projects for which the bond is conditioned on the payment of such taxes, liabilities, increases, or penalties. Contractor's obligations under this Contract shall not be limited to the dollar amount of the bond. DATED the day and year set forth above. CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-27 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN CONFORMED CITY FE RAL WAY: CONTRAC Z reil, Mayor Signature ofi h rized lhdividual 325 8th Avenue South [ ,I Federal Way, WA 98003-6325 C C1 Ulu Pik�j deq f- Printed Name of Authorized Individual ATTEST: LOO _ ''l 1 � U D ,�J r�V St,eetAddrel� e• �� to ha► e 'ourtney, CMC, City Clerk I APP OVE AS TO FO M: Cit ate i Y. � P J. Ryan Call, City Attorney NOTARY OF CONTRACTOR'S SIGNATURE: STATE OF WASHINGTON ) Q COUNTY OFT / -( )) ss. On this da p sonally appeared before me Y i C rl � [ 1 t� to me known to be the I � rP t(-I of YY11�b" �.11 that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this I`r�'I { day of KQA14rn o-e r 2G_ C�' �k�o' — ? !G (typed/printed name f notary) Notary Public in and for the State of Washington. }�, E ,�• +fir My commission expires I ' 1(1--7-1 R 111 00 00 4 - r00 i CP PUB0r-Jj 0 PIS CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-28 PROJECT#214/ RFB#20-008 CFW RFB VERSION 2020-JUN l:U1Nr UK rViK1J Bond No.023216546 PERFORMANCE AND PAYMENT BOND SW 320TH STREET PRESERVATION PROJECT The City of Federal Way ("City") has awarded to Miles Resources, LLC ("Principal"), a contract for the construction of the above referenced project, and said Principal is required to furnish a bond for performance of all obligations under the Contract and for payment in accord with Chapter 39.08 Revised Code of Washington (RCW)and (where applicable) Chapter 60.28 RCW. The Principal, and Liberty Mutual Insurance Company {"Surety"), a corporation organized under the'laws of the State of Massachusetts and licensed to do business in the State of Washington as surety and named in the current list of "Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Dept., are jointly and severally held and firmly bound to the City of Federal Way, in the sum of Five Hundred Eighty-Three Thousand Two Hundred Eithy_Eight and 051100 US Dollars{$583,288.05)Total Contract Amount,subject to the provisions herein. This bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors, or assigns shall: 1) Well and faithfully perform all of the Principal's obligations under the Contract and fulfill all terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified; and if such performance obligations have not been fulfilled; this bond shall remain in force and effect;and 2} Pay all persons in accordance with Chapters 39.08, 39.12, and 60.28 RCW including all workers, laborers, mechanics, subcontractors, and materialmen, and all person who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work, and all taxes incurred on said Contract under Titles 50 and 51 RCW and all taxes imposed on the Principal under Title 82 RCW; and if such payment obligations have not been fulfilled, this bond shall remain in full force and effect. The Surety for value received agrees that no change, extension of time, alteration or addition to the terms of the Contract, the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond, and waives notice of any change, extension of time, alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond shall be signed by duly authorized officers and will only be accepted if accompanied by a fully executed, original power of attorney for the office executing on behalf of the surety. PRINCIPA lies edources, LC SURETY: Liberty Mutual Insurance Company ikct.0p . Principal turd Date Surety Signature Brad &rJ FAf 1_1 Aiiceon A.Kellner . � "1�." PrWed Warne Printed Name i u,. I(LSI G I nt Attomey-in-Fact Tide Tifle CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-32 PROJECT#2141 RFB 920-008 CFW RFB VERSION 2020-JUN LOCAL OFFICEIAGENT OF SURETY; Propel Insurance Name 601 Union Street,Suite 3400 Sneer Address Seattle,WA 98101 city, State, Zip (206)6764200 Telephone BOND NO.: 023216W APPROVED AS TO FORM: �L�^�i I" 7 yr J. Ryan Call, City Attorney CITY OF FEDERAL WAY SW 320TH STREET PRESERVATION PROJECT RFB-33 PROJECT 9214/RFB 020-008 CFW RFB VERSION 2020-JUN This Power of Attorney linits;the acts of those named herein,and they have no authority to bind the Company except in the rranner and to the aftl herein staked. Libe Liberty Mutual Insurance Company mutum. The Ohio Casualty Insurance Company Cero'liicake Na 8204061 -023049 SURETY WestAmedcan Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Oho Ca-,:mlty Irswwm Carrpory Is a of the State of New i Orrpslhi.4 diEt Liberty M�tuai Insurance Carp@N is a corpora'don dLAy crga61:,Td L9 ri*iays d the Stake of Massachisem,and Carpary is a corporatian dsr4y urga6zeJ underb-Lelaw ufftStM ofb-Tara[tnerein cdleLtveiy,-@lled ti e CorrpaTies j,p,rsuarttoard byaL#mrh yheMnsetfitrth does i-�ram corrthae and appoirf,__� AlieeonA.KelM,Alyssa I.L2n,Amelia G.Burrill,Annelies M.Richie,Brandon K.Biah BrentE.Heileser> Carley Espiritu,Chriswoher l(inyonn,Cynchi3 L.jal, Diane M.Harding E[hvard5ims_Eric A.ZirrrTierman Erica E.Mosioy,Heather L.AIIM Hoilj AIbei,%Jacob T.Haddock,jan>es B.Binder,jarnia L. MarquEs, Katharine .5N der,K yI ej oseph H ow4 TerdeCanard all of the city of Tacorre stake Of WA each it clMdLoli it tt-j2re be n xim than are rarre�its me and la4Ld YdaT ey-irn-factw rralcp- eaecuh!,seat ac and on betlalf as suety and as its artand deed ary ardalf Lr&nnaldrgs,bards,reccgr arres andother surety cbliliors,in Rnwrice of these preserts and shall be as bir ft upon the Con parses as if try have been duly signed bj the phesldert and attested by the secretary of the Con parses in their awn pvper fWAM IN WITNESS WHEREOF,this Power ofAttorney has been subscribed by an aLtharized olflmoroAdal Ofthe Ccrrparies and the caporaake se6ls ofthe Corrpanies have been afford therealths 28th ray of 1 Uy 2020 Liberiyr MlAel Insurance Conpary ry trist►,� 'tvv( INS& imsu/? The Ohio CasrelgrlrsuranceConWry qua°aywn�rgn -�?4aprok�r y� WastAm3ican Insurance COrrpwy - Y � 1912 � 0 d � 1919� 4 s 1991 0 yJ,} ct+vy�db y� harwrya ts3 hvnuMrAa By: C 7 * 1 `�d * k M ► Lo David Mt Caney,Assistarc5areiary 70 its Stale of PENPSYLVANQA Ss :' Carly of M ONTGOMERY v3Onthis 28th dayof July 2020 Lefbre rrepers llyappearc!DmAdMCarey,Wbaciananledge NffmlftobetheAss6VrtSecrE4aryafLiberlyMAnllmurance�� 'ro Corrpany,The Ohio CasLoly Ccurpary,and WestArmrican ksuiame Corr:iarry,old got he,as such being ardhorized soto do,execute the Taregdng irstrur ertforthe piposes a) therein curtained by sigrirg cis bar !Vtihe cr Fnrrn by lin-Feiras a 64 audxwLzed d"ncer. ULU E cur IN WITNESS WHEREOF,I have lraeurlm srbsvibed rry rare and alfoued rry nolo seal at IGng of Pnssia,PerrsyWria,on the day and yeariirrst ab we vwritken ECL In � Mi•,I `' jE'� COMMONWEALTH OF PENNUYLVANLA 'Q� C? µ ��t p Notarial Seal C C) Teresa Pastella,Notary Puck C/ i �• l0'. Upper MenonTwp Montgomery County By: _�:!-�.�'="�' 11ta, E >_. a My Commission Expires Mardi 28,2021 •' eirs@ d'aS�ita, ry 1"LU[c o 10 try ti, Mrmher,r=pnn,,�v r' .__. _��of Nokarre. Q—O fCi rL AI�y � E2 O Ths Posner of Anotney is niDde and execIABd prsuzi t to and icy+aWmrity of the Vi losarg Rplaz and Auttxxi-t8VkA a of The Ohio Casualty Insurance Carpery, LibeMl VI UL al�rn •G irisurariceCurrtp V,ardWestArn riranlnsuarxe ConrpanyWl,,dq msdtfi xis am rrminfJ1 fw:e and Fiectrwd'rg as fL b/s: 0 C) .51 ARTICLE N'OFFICERS:Section 12 PawerofAtlornq. 42 Any Officer or other Official of the Clorpoizab atdWzed for that purpose in whirl by the Chairrmn or the Presider*and subject to such Grritaion as the Chairmn or the'Z5.0 L, President may presaft shall appoi t such atmmeWr>fact as Tray be necessary to act in behalf of the Corporation to ralte,eaeci de seat aclvhovkdge and deliver as surety >� any and all vide aldrgs,bonds,rec*anes and Ocher surely obligations.Such amorneys-in-face;subject to the limitations set forth in their respecifue pwas of attorney,s4i I o have fill power to bird the Corporation by their sWet re and execution of any such irstrurrents and to attach thereb the seal of the Corporation When so[xe=er4 such E cc cV z u instnirerts sh d be as binding as if signed by the President and attested tD by the Secretary Any pallier or auth orV Warted tD ary restive or atffrr`-y-irrfact r#V-a, V) prrwisiors Ofthis article may be revdaed atary*ye bythhe Board,the ChaRmn the President or bythe olrrar ordkers grartng such pwserora to ft. d ARTICLE XM-Execution of Contracts:Section S.Surely Bonds and Undertaldrtgs. cQ Any officer cif the Carrpany aLOnh led fartlhat purpose in widTg by ttx cttairran or tte prim'beM and suo ectto such Iir rttat om as the ctairrren or the p-eslderht tray prescribe,i— sllall appdnt such almrri s-ln-fa-,,as rruy be reressary to act in beidf of the Corrmry to rmIse,s--ecw_te,seal,aclmovrlecge and cielhw as sugj ary 2.rd ail uxierolGr>: berms,recogm2artces and Wu sLmy odfp-Vom.Swhatt ±rs-in-factsut1 ea tott�,1irrimfllom satforttt 1n 1tririTaspertve poiAes of amorrney,slaif i>ave.lull pck r to lkrxi tte Co,-rrpany lay ti-,,-�rsigrst,aE and exf-,Wff x-I©f ary such j,Elm rrlvras ar>._l tD attach li-�E nebti-e seal of Te CoT{ony, n so exec:d sLx:h instrarr rz sha'sl ba as?�rdrig as ff s��d IVfhe prresic�-rtand-ncsTd tythE'sceru2ry. Certificate of Designation-The President of the Carrpery,aetirg pistenttoIke Bybavrs afthe Corpery,authorizes David M Carey,Assistant Secretary to appoutsuch atlon ys 4ni- factasraybenecessarytoactonbehaffafthheCorrparyiDrrde,eeMseataci,rvr,ic-rgeanddefinerassi ttaryandallurdertakhr bonds,magazances and Wwsurety oblig�. Au,tdnortzation-By u1ar trrous carsert afthe Corrpany/s Board of Direcmrs,the Carrpary concerts tbatfarsirrife or rrecharically mproducedsigrahie of ary ass6tilrtsecretary of the CwW y,%hn rew appearing upon a certified copy of any power of athlnM issued by the Company in corrnedton Wth suety,bonds,shall be vaNd and iirndrg upon the Carrpary with the sameforce and ekdasthhoLghnanllafiyabed L Renee C.Lien&e n the udersigred Assislart Secretiry,The Ohio Casu*Insurance Corrparry,Liberty MAA Insurance Co rpary,and west American Insurance corrpary do herebl certify ibat the original power of atmM of vthich the foregdrg Is a AA he and correct copyr of the Parer ofAbxW executed by said Corpark%is In fill Torre and effect and has notbeen revoWd IN TESTR OW WHEREOF,I toe he eLrto set rry tend and affixed the seals of said Crrrparies this ten, day Of November , 2020 41NSu y11 IN q INSUq S 3��0�a$�sn q�3Go���n yCr �P����o�yf`r�•n r e a ra to 1912 �+ a 1919 2 1991 r r _ ���� d 0 By: ��►°bACHas a H�Ms9 db �'S ryornN� yb Renee C.L Ass'startSeaeory LMS-12873 LMIC OCIC WAIC Multi Co 12n9 AUTHORIZATION TO ACT ON BEHALF OF MILES RESOURCES,LLC A WASHINGTON LIMITED LIABILITY COMPANY WHEREAS,Miles Resources,LLC(the"Company")is a Washington limited liability company organized for purposes of(among other things)managing and operating business assets used in connection with the Company's construction,paving and related activities; WHEREAS,all authority to operate the business and affairs of the Company is vested in one or more mangers,and the managers of the company are Walt Miles,Lisa Kittilsby,and Tim Kittilsby (hereinafter the"Managers"); WHEREAS,the Mangers of the company intend to delegate certain authority relating to the day- to-day operations of the company to the individuals identified below; NOW THEREFORE,be it resolved as follows: RESOLVED,that the Managers hereby delegate a portion of their authority to the"Operations Managers:of the Company named below; RESOLVED,that each of the Operations Managers,acting individually,shall have the power and authority to manage the day-to-day business of the company. Without limiting the generality of the foregoing,the Operations Managers shall have the power and authority to negotiate and enter into contracts on behalf of the Company,sign documents relating to such contracts,and to engage in any other acts related to the Company's day-to-day operations; RESOLVED,that Angela Reis is hereby removed as Operations Mangers of the company. For the purpose of execution of the Authorization,a facsimile or electronically scanned signature shall have the same force and effect as an original signature. This Agreement may be executed in one or more counterparts,all of which shall be considered one and the same Agreement. SIGNED and EFFECTIVE this I" day of Auguste 2018 MILES RESOURCES,LLC OPERATIONS MANAGERS /,��-I--2- , (,�V/ _. ./ By: Walt Miles Br die •ifF h Its: Manager and Member General Man gei10 erations Manager A7A r By: Lisa Kittilsby Krystal Amos Its: Manager and Member Controller/Operations Manager By: Tim Kittilsby Its: Manager 11/4/2020 Corporations and Charities System Ii+,r'SS�I� i frl ias and Charities Filing System BUSINESS INFORMATION Business Name: MILES RESOURCES LLC UBI Number: 602 870 349 Business Type: WA LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 400 VALLEY AVE NE,PUYALLUP,WA,98372-2516,UNITED STATES Principal Office Mailing Address: 400 VALLEY AVE NE,PUYALLUP,WA,98372-2516,UNITED STATES Expiration Date: 10/31/2021 Jurisdiction: UNITED STATES,WASHINGTON Formation/Registration Date: 10/06/2008 Period of Duration: PERPETUAL Inactive Date: Nature of Business: CONSTRUCTION REGISTERED AGENT INFORMATION Registered Agent Name: TIMOTHY KITTILSBY Street Address: 400 VALLEY AVE NE,PUYALLUP,WA,98372-2516,UNITED STATES Mailing Address: 400 VALLEY AVE NE,PUYALLUP,WA,98372-2516,UNITED STATES GOVERNORS Title Governors Type Entity Name First Name Last Name https://ccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1/2 11/4/2020 Corporations and Charities System Title Governors Type Entity Name First Name Last Name GOVERNOR INDIVIDUAL TIM KITTILSBY GOVERNOR INDIVIDUAL LISA KITTILSBY GOVERNOR INDIVIDUAL WALT MILES Back Filing History Name History Print Return to Business Search https:Hccfs.sos.wa.gov/#/BusinessSearchBusinessinformation 2/2 Client#: 17793 MILESAND DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/21/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Sharnel Di Vona NAME: Prop PHONE 800 933 FAX Taco Insurancecomer l©DRassxtSha nel9DOonaQpropelinsurance.coml 866577-1326 JAfC,No Tacoma Commercial Insurance ADDRESS; 1201 Pacific Ave, Suite 1000 INSURER(S)AFFORDING COVERAGE NAIC# Tacoma,WA 98402 INSURER A:Alaska National Insurance Company 38733 INSURED INSURER B:Sirius International Insurance Corp Miles Resources LLC Continental Casualty Company 20443 INSURER C: Y P Y 400 Valley Ave NE INSURER D Puyallup,WA 98372 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSFr ADDLISUSR, POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR yyVD POLICY NUMBER (MM/DD/YYYY) IMWDWYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 20DLS11734 4/01/2020 04/01/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE Xi OCCUR DAMAGE ( RENTED PREMISESS RENT occurrence) $100,000 X BI/PD Ded: $1,000 MED EXP(Any one person $5,000 X CG0001 04/13 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECOT 1 X] LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: _ _ COMBINED SINGLE LIMIT $ A AUTOMOBILE LIABILITY 20DAT11734 4/01/2020 04/01/2021 �Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per accident X CA0020 10/13 $ A � UMBRELLA LIAB X OCCUR 20DLU11734 4/01/2020 04/01/2021 EACH OCCURRENCE s5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED X RE?ENTON T-510,00D $ A WORKERS COMPENSATION SPTERTU20DLS11734 4/01/2020 04/01/2021�- — orH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N (WA STOP GAP ONLY) E.L.EACH ACCIDENT $1,000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) i� E.L.DISEASE-EA EMPLOYEEI$1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 D B Pollution w/Mold CPL00011321 04/01/2020 04/01/2021 $3,000,000/$25,000 ded. C Leased/Rented Eq 6080724344 4/01/2020 04/01/2021 $800,000(L/R eq) C Inst. Floater 6080724344 4/01/2020 04/01/2021 $100,000 I.F. DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: 20151 SW 320th Street Preservation Project,RFB#20-008, Project#214. Additional Insured Status-applies per attached form(s). CERTIFICATE HOLDER CANCELLATION City of Federal Way SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave South ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way,WA 98003 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S4338315/M4084914 KTROO This page has been left blank intentionally. JIF Alaska National INSURANCE COMPANY BLANKET ADDITIONAL INSURED — AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following:. COMMERCIAL GENERAL LIABILITY COVERAGE PART Additional Premium: included 1. The following is added to SECTION II — WHO IS (2) If the "written contract requiring insurance" AN INSURED: specifically requires you to provide additional insured coverage to that person Any person or organization that: for injury or damage that is caused, in whole or in part, by the acts or omissions a. You agree in a "written contract requiring of you or your subcontractor, that person insurance" to include as an additional insured or organization is an additional insured on this Coverage Part; and only if the injury or damage is caused, in whole or in part, by the acts or omissions b. Has not been added to this policy as an of you or your subcontractor in the additional insured for the same project by the performance of "your work" to which the attachment of an endorsement under this "written contract requiring insurance" Coverage Part which includes such person or applies" or organization in the endorsement's schedule; '(3)If neither Paragraph (1) nor (2) above is an insured, but: applies that person or organization is only an additional insured if, and only to the c. Only with respect to liability for "bodily injury", extent that, the injury or damage is caused "property damage" or"personal and advertising by negligent acts or omissions of you or injury"; and your subcontractor in the performance of "your work" to which the "written contract d. Only as described in Paragraph (1), (2) or (3) requiring insurance" applies. The person or below, whichever applies: organization does not qualify as an additional insured with respect to injury or (1) If the "written contract requiring insurance" damage caused in whole or in part by specifically requires you to provide independent negligent acts or omissions of additional insured coverage to that person such person or organization. for injury or damage that arises out of"your work", that person or organization is an additional insured only if the injury or damage arises out of "your work" to which the "written contract requiring insurance" applies; ANIC GL 1218 05 18 Page 1 of 3 41%V Alaska National INSURANCE COMPANY 2. If the"written contract requiring insurance" contains (1) The preparing, approving, or failing to a specific requirement that you procure completed prepare or approve, maps, shop drawings, operations coverage or coverage within the opinions, reports, surveys, field orders or "products-completed operations hazard" for the change orders, or the preparing, additional insured, then the insurance provided to approving, or failing to prepare or approve, the additional insured covers "bodily injury" or drawings and specifications; and "property damage"that occurs within the"products- completed operations hazard" at the level specified (2) Supervisory, inspection, architectural or in Paragraph 1.d.(1), 1.d.(2), or 1.d.(3), whichever engineering activities. applies. However, even if completed operations coverage or coverage within the "products- 4. The insurance provided to the additional insured by completed operations hazard" is required by the this endorsement is excess over any valid and "written contract requiring insurance", such collectible other insurance, whether primary, coverage is available to the additional insured only excess, contingent or on any other basis, that is if the "bodily injury" or "property damage" occurs available to the additional insured. However, if the prior to the end of the time period during which you "written contract requiring insurance" specifically are required by the "written contract requiring requires that this insurance apply on a primary insurance" to provide such coverage or the basis or a primary and non-contributory basis, this expiration date of the policy, whichever comes first. insurance is primary to other insurance available to the additional insured under which that person or 3. The insurance provided to the additional insured by organization qualifies as a named insured, and we this endorsement is limited as follows: will not share with that other insurance. But the insurance provided to the additional insured by this a. If the Limits of Insurance of this Coverage Part endorsement still is excess over any valid and shown in the Declarations exceed the collectible other insurance, whether primary, minimum limits of liability required by the excess, contingent or on any other basis, that is "written contract requiring insurance", the available to the additional insured when that insurance provided to the additional insured person or organization is an additional insured, or will be limited to such minimum required limits is any other insured that does not qualify as a of liability. For the purposes of determining named insured, under such other insurance. whether this limitation applies, the minimum limits of liability required by the "written 5. As a condition of coverage provided to the contract requiring insurance"will be considered additional insured by this endorsement: to include the minimum limits of liability of any Umbrella or Excess liability coverage required a. The additional insured must give us written for the additional insured by that "written notice as soon as practicable of an contract requiring insurance". This "occurrence" or an offense which may result in endorsement will not increase the limits of a claim. To the extent possible, such notice insurance described in Section III — Limits Of should include: Insurance. (1) How, when and where the "occurrence" or b. The insurance provided to the additional offense took place; insured does not apply to "bodily injury", "property damage", or "personal and (2) The names and addresses of any injured advertising injury" arising out of an architect's, persons and witnesses; and engineer's, or surveyor's rendering of or failure to render any professional services including: (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. ANIC GL 1218 05 18 Page 2 of 3 JIF Alaska National IN S U AANCE COMPANY b. If a claim is made or "suit" is brought against 6. The following is added to the DEFINITIONS the additional insured, the additional insured Section: must: "Written contract requiring insurance" means that (1) Immediately record the specifics of the part of any written contract or agreement for claim or"suit" and the date received; and construction services under which you are required to include a person or organization as an additional (2) Notify us as soon as practicable. insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and The additional insured must see to it that we the "personal and advertising injury" is caused by receive written notice of the claim or "suit' as an offense committed, during the policy period and: soon as practicable. a. After the signing and execution of the contract c. The additional insured must immediately send or agreement by you; and us copies of all legal papers received in connection with the claim or "suit', cooperate b. While that part of the contract or agreement is with us in the investigation or settlement of the in effect. claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insurance provided to the additional insured by this endorsement is primary to other insurance available to the additional insured which covers that person or organization as a named insured as described in Paragraph 3. above. 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 4-1-2020 Policy No. 20D LS 11734 Insured Miles Sand &Gravel Endorsement No. Countersigned By Includes copyrighted material of the Insurance Services Office, Inc., with its permission. ANIC GL 1218 05 18 Page 3 of 3 This page has been left blank intentionally. J%r Alaska National INSURANCE COMPANY CONTRACTORS' GENERAL LIABILITY ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. SCHEDULE OF COVERAGES ARE SUMMARIZED BELOW 1. Miscellaneous Additional Insureds 14. In Rem Actions 8 additional insured extensions. 1. MISCELLANEOUS ADDITIONAL INSUREDS Primary and Noncontributory Insurance Section II Who Is An Insured is amended to 2. Damage To Premises Rented to You include as an additional Insured any person or Limit increased to$500,000. organization described in Paragraphs 2.a. through 2.h. below whom you are required to add 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. 2. Executed prior to the "bodily injury", 6. Supplementary Payments "property damage" or"personal injury and Cost of bail bonds increased to$10,000. advertising injury", but Daily loss of earnings increased to $500, Only the following persons or organizations 6. Newly Formed Or Acquired Organizations are additional insureds under this Coverage extended to the end of the policy period endorsement and coverage provided to such or the next anniversary of this policy's effective additional insureds is limited as provided date. herein: 7. Liberalization Clause a. State or Governmental Agency or Subdivision or Political Subdivi- 8. Unintentional Failure To Disclose Hazards sions 9. Notice of Occurrence Any state or governmental agency or subdivision or political subdivision 10. Broad Knowledge of Occurrence that has issued a permit in connection with operations performed 11. Bodily Injury-Extension of Coverage 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 with respect to liability for "bodily 13. Blanket Waiver of Subrogation injury", "property damage", "personal Waiver of subrogation where required by written and advertising injury" arising out of contract or written agreement. such operations. ANIC GL 1187 07 16 Page 1 of 6 `] Alaska rational 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 Alaska National INSURANCE COMPANY (2) To "bodily injury", "property additional insured. However, damage", or "personal and even if coverage within the advertising injury" arising out of "products-completed operations the sole negligence of such hazard" is required by the written additional insured. contract, such coverage is available to the additional insured h. Owners, Lessees or Contractors only if the "bodily injury" or "property damage"occurs prior to (1) Such person or organization is an the end of the time period during additional insured for "bodily which you are required by the injury", "property damage" and written contract to provide such "personal and advertising injury" coverage or the expiration date of if, and only to the extent that, the the policy, whichever comes first. injury or damage is caused by negligent acts or omissions of Any insurance provided to an additional you or your subcontractor in the insured designated under Paragraphs 2.a. performance of "your work" to through 2.g. above does not apply to "bodily which the written contract injury' or "property damage" included within applies. This person or organi- the products-completed operations hazard." zation does not qualify as an additional insured with respect to Primary And Noncontributory Insurance injury or damage caused in whole or in part by independent The following is added to the Other Insurance negligent acts or omissions of Condition and supersedes any provision to the such person or organization. contrary: (2) However, this insurance does not This insurance is primary to and will not seek apply to "bodily injury", "property damage" or "personal and contribution from any other insurance available to advertising injury" arising out of an additional insured under your policy provided an architect's, engineer's, or that: surveyor's rendering of or failure to render any professional (1) The additional insured is a services including: Named Insured under such other insurance; and i. the preparing, approving, or failing to prepare or approve (2) You have agreed in writing in a maps, drawings, opinions, contract or agreement that this reports, surveys, change insurance would be primary and orders, design or would not seek contribution from specifications; and any other insurance available to the additional insured. ii. supervisory, inspection, or Section III -Limits of Insurance, the following is engineering services. added: (3) The insurance provided to this With respect to the insurance afforded to the additional insured, does not additional insureds described in Paragraphs a. cover "bodily injury" or "property through h. above, the most we will pay on behalf damage' caused by your of such additional insured is the amount of negligent acts and omissions in the performance of "your work" Insurance: that occurs within the "products- (1) Required by the contract or completed operations hazard", unless the written contract agreement; or contains a specific requirement (2) Available under the applicable that you procure completed o Limits of Insurance shown in the operations coverage or coverage within the "products-completed Declarations; operations hazard" for the whichever is less. ANIC GL 1187 07 16 Page 3 of 6 Alaska National INSURANCE COMPANY This provision shall not increase the applicable 4. NON-OWNED WATERCRAFT Limits of Insurance shown in the Declaration. A. If endorsement CG 21 09, CG 21 10, CG 24 2. Damage To Premises Rented to You 50, or CG 24 51 is attached to the policy, Paragraph A. 2. g. (2) (b) is replaced by the SECTION III — LIMITS OF INSURANCE, following: Paragraph 6. is replaced by the following: (b) A watercraft that you do not 6. Subject to Paragraph 5. above, the own that is: Damage to Premises Rented to You Limit is the most we will pay under Coverage A (i) Less than 50 feet long: for damages because of "property and damage" to any one premises, while rented to you, or in the case of damage (ii) Not being used to carry by fire, while rented to you or temporarily persons or property for a occupied by you with permission of the charge. owner. B. If Paragraph A. does not apply, Paragraph g. If a limit is shown for Damage to Premises (2) of 2. EXCLUSION under SECTION I — Rented to You the most we will pay under COVERAGES, COVERAGE A — BODILY Coverage A for damages because or "property INJURY AND PROPERTY DAMAGE damage" to any one premises is the Limit shown LIABILITY is replaced by the following: in the Declarations or $500,000, whichever is greater. (2) A watercraft that you do not own that is: 3. MEDICAL PAYMENTS (a) Less than 50 feet long; and A. Section III—Limits of Insurance, Paragraph 7. is replaced by the following (b) Not being used to carry persons or property for a 7. Subject to Paragraph 5. above the charge. Medical Expense Limit is the most we will pay under Coverage C for all medical 5. SUPPLEMENTARY PAYMENTS expenses because of "bodily injury" sustained by any one person. A. Under Section I -Supplementary Payments - Coverage A and B, Paragraph 1.b., the If a limit is shown for Medical Expense in limit of$250 shown for the cost of bail bonds the Declarations the most we will pay is replaced by $10,000; under Coverage C for all medical expenses because of "bodily injury" B. In Paragraph 1.d., the limit of$250 shown for sustained by any one person is the Limit daily loss of earnings is replaced by$500. shown in the Declarations or $15,000, whichever is greater. 6. NEWLY FORMED OR ACQUIRED ORGANIZATIONS B. This provision 5. (Medical Payments) does not apply if Section I - Coverage C Medical Paragraph 3.a. of Section II -Who Is An Insured Payments is excluded either by the is deleted and replaced by the following: provisions of the Coverage Part or by endorsement. Coverage under this provision is afforded only until the end of the policy period or the next C. Paragraph 1.a.(3)(b) of Section I -Coverage anniversary of this policy's effective date after you C - Medical Payments, is replaced by the acquire or form the organization, whichever is following: earlier. (b) The expenses are incurred and reported to us within three years of the date of the accident; and ANIC GL 1187 07 16 Page 4 of 6 fir Alaska National I N SURANCE COMPANY 7. LIBERALIZATION CLAUSE 10. BROAD KNOWLEDGE OF OCCURRENCE If we adopt a change in our forms or rules which The following is added to Paragraph 2. of Section would broaden coverage for contractors under 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 rights 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 JV Alaska National INSURANCE COMPANY 13. BLANKET WAIVER OF SUBROGATION However, this waiver applies only when you have agreed in writing to waive such rights of recovery The Transfer Of Rights Of Recovery Against in a contract or agreement, and only if the 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 term of this policy; and We waive any right of recovery we may have against any person or organization because of 2. Was executed prior to loss. payments we make for injury or damage arising out of: 14. IN REM ACTIONS 1. Your ongoing operations; or Any action in rem against any vessel owned, operated by or for, or chartered by or for you will 2. "Your work" included in the "products- be treated in the same manner as though the completed operations hazard." action were in personam against you. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of Insurance Services Office, Inc., with its permission ANIC GL 1187 07 16 Page 6 of 6 JW Alaska National INSURANCE COMPANY MOTOR CARRIER COVERAGE ENHANCEMENT ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following- MOTOR CARRIER COVERAGE FORM (The entries required to complete this endorsement will be shown below or on the"schedule of coverages".) Various provisions in this endorsement restrict 6. TRANSPORTATION EXPENSES — coverage. Read the entire policy carefully to INCREASED TO $200 PER determine rights, duties, and what is and is not DAY/MAXIMUM OF$1,500 covered. 7. LOSS OF USE EXPENSES (HIRED, Throughout this policy, the words"you" and "your' RENTED OR BORROWED) INCREASED refer to the Named Insured shown in the TO$200 PER DAY/MAXIMUM OF$1,500 Declarations. The words"we", "us",and"our"refer 8. AIRBAG COVERAGE to the company providing this insurance. 9. FUEL IN VEHICLE COVERAGE-$2,500 Other words and phrases that appear in quotation 10. FIRE EXTINGUISHER RECHARGE marks have special meaning. Refer to SECTION VI— DEFINITIONS in the Motor Carrier Coverage COVERAGE Form. 11. AUTO LOAN/LEASE GAP COVERAGE - The coverages provided by this endorsement $2,500 apply per "accident" and, unless otherwise 12. PERSONAL PROPERTY COVERAGE specified,are subject to all of the terms,conditions, FOR DRIVER-$1,000 exclusions and deductible provisions of the policy 13. TELEMATICS EQUIPMENT COVERAGE to which it is attached. -$2,500 Below is a summary of the changes made by this 14. "DOWNTIME LOSS" AND RENTAL endorsement to the MOTOR CARRIER REIMBURSEMENT COVERAGE - $150 COVERAGE FORM. This summary is for PER DAY, 30 DAY MAXIMUM convenience only. Refer to the specific language for complete details. 15. SINGLE PHYSICAL DAMAGE DEDUCT- 1. EMPLOYEE AS INSURED (HIRED AUTO ISLE PER LOSS — LESS THAN 10,000 POUNDS GVW) 16. DEDUCTIBLE ON GLASS BREAKAGE 2. "BLANKET" ADDITIONAL INSURED AS WAIVED IF GLASS REPAIRED RATHERTHAN REPLACED REQUIRED BY WRITTEN CONTRACT 17. TRANSFER OF RIGHTS OF RECOVERY 3. COST OF BAIL BONDS — INCREASED AGAINST US (WAIVER OF SUBROGA- TION) 4. REASONABLE EXPENSES INCURRED 18. UNINTENTIONAL FAILURE TO DIS- BY THE INSURED — INCREASED TO CLOSE HAZARDS $500 PER DAY 5. TOWING AND LABOR COSTS - $2,500 19. OTHER INSURANCE CHANGES PER DISABLEMENT SUBJECT TO 20. BODILY INJURY INCLUDES MENTAL $5,000 ANNUAL AGGREGATE ANGUISH ANIC CA 1220 01 19 Page 1 of 5 4fJr Alaska National INSURANCE COMPANY SECTION II — COVERED AUTO LIABILITY SECTION IV — PHYSICAL DAMAGE COVERAGE, COVERAGE, Paragraph A.1. Who Is An Insured is Paragraph AA.a. — Transportation Expenses is amended to include: deleted and replaced by the following: f. Any "employee" of yours while operating a. Transportation Expenses an "auto" with a gross vehicle weight of We will pay up to $200 per day to a less than 10,000 pounds hired or rented maximum of $1,500 for temporary under a contract or agreement in an transportation expense incurred by you "employee's" name, with your permission, because of the total theft of a covered while performing duties related to the "auto"that is 20,000 lbs. of Gross Vehicle conduct of your business. Weight. We will pay only for those g. Any person or organization for whom you covered "autos"for which you carry either have agreed in writing to provide Comprehensive or Specified Causes of insurance such as is afforded by this Loss Coverage. We will pay for temporary Coverage Form, but only with respect to transportation expenses incurred during liability arising out of the ownership, the period beginning 48 hours after the maintenance or use of"autos"covered by theft and ending, regardless of the policy's this policy. expiration, when the covered "auto" is SECTION II — COVERED AUTO LIABILITY returned to use or we pay for its"loss". COVERAGE, Paragraph A.2.a. (2) —Supplementary SECTION IV — PHYSICAL DAMAGE COVERAGE, Payments is replaced by the following: Paragraph A.4.b.—Loss of Use Expenses is replaced (2) Up to$5,000 for the cost of bail bonds by the following: (including bonds for related traffic law b. Loss of Use Expenses—Hired, Rented, violations) required because of an or Borrowed Automobiles "accident" we cover. We do not have We will pay expenses for which an to furnish these bonds. "insured" becomes legally responsible for SECTION II — COVERED AUTO LIABILITY loss of use of a vehicle hired, rented or COVERAGE, Paragraph A.2.a. (4)—Supplementary borrowed without a driver under a written Payments is replaced by the following: rental contract.or agreement. We will pay (4) All reasonable expenses incurred by for loss of use expenses if caused by: the"insured" at our request, including (1) Other than Collision, only if the actual loss of earnings up to $500 a Declarations indicate that Compre- day because of time off from work. hensive Coverage is provided for the 2. Towing vehicle withdrawn from service. We will pay up to$2,500 for towing and labor (2) Specified Causes of Loss only if the costs each time a covered "auto" is disabled. Declarations indicate that Specified However, the labor must be performed at the Causes of Loss Coverage is provided place of disablement. for the vehicle withdrawn from service. The most we will pay fortowing and labor costs (3) Collision only if the Declarations is$5,000 in any one policy year. indicate that Collision Coverage is SECTION II — COVERED AUTO LIABILITY provided for the vehicle withdrawnfrom service. COVERAGE, Exclusion B.S. is amended to add: However the most we will pay for any This exclusion does not apply if the "bodily expenses for loss of use is$200 per day, to a injury results from the use of a covered auto" maximum of$1,500. you own or hire. Such coverage as is afforded by this provision is excess over any other collectible insurance. ANIC CA 1220 01 19 Page 2 of 5 AV Alaska National INSURANCE COMPANY Section IV—PHYSICAL DAMAGE COVERAGE 9. Driver's Personal Property The following are added to A. Coverage: We will pay up to$1,000 for loss or damage to 5. Airbag Coverage personal property or effects of any driver of a We will pay the cost to repair, replace,or reset covered "auto" while contained in that "auto" an airbag that inflates for any reason other and caused by: than as a result of a collision if the Declarations a. Fire, lightning or explosion; indicate that the covered "auto" has b. Windstorm, hail or earthquake; Comprehensive Coverage or Specified Causes of Loss Coverage. c. Flood; 6. Fuel in Vehicle d. Mischief or vandalism; We will pay up to $2,500 for the actual loss e. The sinking, burning, collision or sustained as a result of loss of fuel in a derailment of any conveyance covered "auto", used to operate the "auto", transporting the covered"auto"; caused by a covered loss to the covered f. The covered "auto's" collision with "auto." No deductible applies to this coverage. another object; or 7. Fire Extinguisher Recharge g. The covered"auto's"overturn. We will pay the cost to recharge or replace, We will not pay for loss or damage to coins, whichever is less, fire extinguishers kept in currency, securities or contraband. your covered "autos" that are intentionally Exclusions 2.c.,2.e.and 21 of Section IV,B., discharged in an attempt to extinguish a fire. Physical Damage Coverage do not apply to No deductible applies to this coverage. this coverage. 8. Auto Loan/Lease Gap Coverage This coverage is excess over any other In the event of a total"loss"to a covered"auto" collectible insurance. No deductible applies to for which we pay under the policy's Physical this coverage. Damage Coverage, we will pay any unpaid 10. Telematics Equipment Coverage amount due on the lease or loan for that"auto," less: We will pay up to$2,500 for loss or damage to a. The amount paid under the policy's "telematics" equipment in a covered "auto" Physical Damage Coverage and any: caused by a covered cause of "loss". This coverage applies whether or not the (1) Overdue lease/loan pay- equipment is permanently installed in, or ments at the time of the"loss"; mounted on, the covered"auto." (2) Financial penalties imposed Exclusions 2.c.,2.e.and 2.f.of Section IV,B., under a lease for excessive Physical Damage Coverage do not apply to use, abnormal wear and tear this coverage. or high mileage; No deductible applies to this coverage. (3) Security deposits not returned 11. Downtime Loss and Rental Reimburse- by the lessor; ment Coverage (4) Costs for extended war- We will pay any resulting"downtime loss"and ranties, Credit Life Insurance, rental reimbursement expense you sustain as Health, Accident or Disability a result of a covered physical damage"loss"to Insurance purchased with the a covered"auto"up to a maximum of$150 per loan or lease; and day for a maximum of 30 days for the same (5) Carry-over balances from physical damage loss, subject to the following previous loans or leases. limitations: The most we will pay as a result of any one "loss"is$2,500. ANIC CA 1220 01 19 Page 3 of 5 JW Alaska National INSURANCE COMPANY a. We will cover"downtime loss" and rental organization is waived prior to the"accident"or reimbursement expenses beginning the the "loss" under a contract with that person or sixth day after: organization. (1) We have given you our agreement to SECTION V — MOTOR CARRIER CONDITIONS — pay for repairs to a covered"auto"and Paragraph B.2. —Concealment, Misrepresentation Or you have given the repair facility your Fraud is amended by adding Unintentional Failure to authorization to make the repairs; or Disclose Hazards at the end of Paragraph B.2. as (2) The date you first reported the "loss" follows: to us if we have declared your auto a Unintentional Failure to Disclose Hazards total "loss"; and If you unintentionally fail to disclose any b. Coverage for "downtime loss" and rental hazards existing at the inception date of your reimbursement will end when any of the policy, we will not deny coverage under this following occur: Coverage Form because of such failure. (1) You have a spare or reserve "auto" However, this provision does not affect our available to you to continue your right to collect additional premium or exercise operations. our right of cancellation or non-renewal. (2) You purchase a replacement"auto." SECTION V — MOTOR CARRIER CONDITIONS — B. General Conditions 5. (3) Repairs to your covered "auto" have Other Insurance — Primary and Excess been completed by the repair facility Insurance Provisions—f. is replaced by the and the"auto"has been determined to following: be road-worthy. f. For Hired Auto Physical Damage (4) You reach the 30 days of maximum Coverage, the following are deemed to be coverage. covered"autos"you own: Coverage for "downtime loss" and rental (1) Any covered "auto" you lease, hire, reimbursement is excess over any other rent, or borrow; and insurance coverage available. (2) Any covered"auto"" hired or rented by SECTION IV—PHYSICAL DAMAGE COVERAGE your "employee" under a contract in D. Deductible is replaced by the following: that individual "employee's" name, For each covered"auto", our obligation to pay with your permission,while performing for, repair, or replace damaged or stolen duties related to the conduct of your property will be reduced by the applicable business. deductible shown in the Declarations. Any However, any"auto" that is leased, hired, Comprehensive Coverage deductible shown rented or borrowed with a driver is not a in the Declarations does not apply to "loss" covered"auto". caused by fire or lightning. SECTION VI — DEFINITIONS — Paragraph C. — However, if more than one covered "auto" is "Bodily injury" is replaced by the following: involved in the same loss, only one deductible will apply to the loss. If the deductible amounts C. "Bodily injury" means bodily injury, sickness or vary, the largest deductible will apply. disease sustained by a person including death or No deductible applies to glass breakage if the mental anguish resulting from any of these.Mental anguish means any type of mental or glass is repaired rather than replaced. emotional illness or disease. SECTION V — MOTOR CARRIER CONDITIONS, Paragraph A. 5. — Transfer of Rights of Recovery Against Others To Us is amended to include: 5. Transfer of Rights of Recovery Against Others to Us This condition does not apply to any person(s) or organization(s) to the extent that subrogation against that person or ANIC CA 1220 01 19 Page 4 of 5 Ar Alaska MUonal INSURANCE COMPANY SECTION VI — DEFINITIONS — the following are T. 'Business Income"means: added: 1. Net Income (net profit or loss before income S. "Downtime Loss" means actual loss of"business taxes) that would have been earned or income" for the period of time that a covered incurred; and "auto": 2. Continuing normal operating expenses, 1. is out of service for repair or replacement as a including payroll. result of a covered physical damage loss; and U. "Telematics equipment"means: 2. is in the custody of a repair facility if not a total Equipment, devices, or software, used in vehicle "loss." telematics systems. This endorsement changes the policy to which it is attached and, unless otherwise stated, is effective on the date issued at 12:01 A.M. standard time at your mailing address shown in the policy. The information below is required only when this endorsement is issued subsequent to commencement of the policy. Endorsement Effective Policy No. Insured Endorsement No. Countersigned By Includes copyrighted material of the Insurance Services Office, Inc., with its permission. ANIC CA 1220 01 19 Page 5 of 5 This page has been left blank intentionally.