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15-035.00 Stone Creek Land Design: Browns Park Volleyball Courts Ph 1
CONSTRUCTION AGREEMENT Stone Creek Land Design&Development,LLC THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Stone Creek Land Design & Development LLC, ("Contractor")jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor, supervision,tools,materials, supplies and equipment and other items necessary for the construction and completion of the Browns Park Volleyball Courts Construction—Phase 1 Project(the "Work") in accordance with documents described in Exhibit 1 and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof(the"Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4, below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work by May 1,2015. 3. Liquidated Damages. TIME IS OF THE ESSENCE FOR THIS CONTRACT. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration,engineering,inspection and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion (as defined in the Contract Documents) which shall be in the amount of$100 per day. These liquidated damages are not a penalty, but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$156,089.00, plus Washington State Sales Tax of $13,579.74, for a total of$169,668.74,based on the bid submitted by Contractor,and as may be adjusted in accordance with the Contract Documents. The City is accepting the base bid and alternates#1,#2 and#3. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department Construction Agreement Page 1 of 6 at the below stated address. Pursuant to Chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code, and federal or state standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Stone Creek Land Design& Development LLC Phone: (509)921-1000 Phone: (509) 892-4025 Address: 11707 East Sprague Ave, Suite 106 Address: 4009 E. Francis Avenue Spokane Valley, WA 99206 Spokane, WA 99217 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws, codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of RCW 39.12,and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&P'). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. Construction Agreement Page 2 of 6 Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I are located at the L&I website address: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague,Suite 106, Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. 15. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against Construction Agreement Page 3 of 6 claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives, or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability,personal injury and advertising injury,and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the Construction Agreement Page 4 of 6 signed Agreement. The certificate shall specify all of the parties who are additional insureds,and will include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 16. Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b) Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 17. Waiver. No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 18. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 19. Confidentiality. Contractor may, from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. Construction Agreement Page 5 of 6 20.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 21. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 22.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 23. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 24. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 25.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 26. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 27. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements The Parties have executed this Agreement this -4 day of March,2015. CITY OF SPOKANE VALLEY: Contractor: Mike Jackson,f ty Manager Ow ATTEST: APPROVED AS TO FORM: r! Ai Chri me Bainbridge, City Clerk ! Office of the C Attorney Construction Agreement Page 6 of 6 BROWNS PARK VOLLEYBALL COURTS CONSTRUCTION - PHASE I CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT 0.111\i/i/sisis Spokane Valley February 2nd, 2015 NOTIFICATION OF INVITATION TO BID PARKS AND RECREATION DEPARTMENT PROJECT: Browns Park Volleyball Courts Construction - Phase I ISSUED BY: Michael D. Stone, CPRP, Director of Parks and Recreation PRE-BID WALKTHROUGH: Monday, February 9, 2015 at 1:00pm at Browns Park, west parking lot. TIME TO COMPLETE: The work related to the Browns Park Volleyball Courts Construction - Phase I will be substantially completed by May 1st as stipulated in a (Notice to Proceed generally within 15 days after award). BID DUE DATE: Friday, February 13, 2015, 12:00 p.m. local time PROJECT: This project consists of the construction of five sand volleyball courts in the existing Browns Park. Work includes removal and storage of sod, excavation, grading, sand supply and installation of sand, sod placement and repair, and irrigation repair. Alternate work includes installation of two additional sand volleyball courts and removal of existing backstop and associated equipment. BIDS will be received by the City of Spokane Valley Parks and Recreation Department until the listed closing date and time. BID OPENING: There will not be an official opening of bids and the bid opening is not open to the public. Bids are due at 12:00 P.M. local time on Friday, February 13, 2015 in the City of Spokane Valley Parks and Recreation Department, 2426 N. Discovery Place, Spokane Valley, Washington 99216. Bids delivered after the last call for bids may be rejected as non- responsive. EARLY DELIVERY OF BIDS: The City of Spokane Valley Parks and Recreation Department, 2426 N. Discovery Place, Spokane Valley, WA 99216 will receive bids until the Parks Director makes the last call for bids on the appointed day. DELIVERY OF BIDS: Deliver bids to the City of Spokane Valley Parks and Recreation Department at the time and place for bid due date when the Parks Director announces the last call for bids. Page 4 Section 00 10 00 - Invitation to Bid BROWNS PARK VOLLEYBALL COURTS CONSTRUCTION - PHASE I CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT EACH PROPOSAL SHALL BE SEALED in an opaque envelope which has been clearly marked in the upper left corner with the words"Bid Proposal By"followed by the name and address of the bidder. In the lower left corner of the envelope the bidder shall write the bid due date of"February 13, 2015" or as amended, and name of the bid "Browns Park Volleyball Courts Construction - Phase I". PUBLIC WORKS REQUIREMENTS: The scope of work for this project constitutes a public 1 work under state law. Bidders are cautioned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages, payment/performance bonds, reporting requirements for the use of sub-contractors, and sales tax implications in making their bids. NO BIDDER may withdraw their bid after the time set for the opening thereof, unless the award of contract is delayed for a period exceeding Forty-Five (45) calendar days. However, the City of Spokane Valley may reject any or all bids for good cause. BID DEPOSIT REQUIRED. No bid may be considered for public work unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashiers check, or certified check in an amount equal to five percent (5%) of the amount of the bid proposed including sales tax. The conditions of the obligation are that if the City of Spokane Valley shall make timely award to the successful bidder (Principal) according to the terms of the bid documents; and the Principal shall, within ten (10) days after notice of the award, exclusive of the day of notice, enter into the contract with the City of Spokane Valley and furnishes the contractor's bond (performance and payment bond) in an amount equal to one hundred percent (100%) of the amount of the bid proposed including Washington State Sales Tax then this obligation shall be null and void; otherwise if the Principal fails to enter into the contract and furnish the contractor's bond within ten (10) days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the City; but in no event will the Principal's liability exceed five percent (5%) of the total amount of the bid proposed. Cash Bid Deposit. If the bid deposit is in "cash" the bid deposit will be in the form of US currency (cash), postal money order, cashiers check, or certified check. Money orders or checks should be made payable to the City of Spokane Valley. Cash bid deposits of all unsuccessful bidders shall be returned after the contract is awarded and the required contractor's bond and proof of insurance, given by the successful bidder, is accepted by the City of Spokane Valley. Surety Bond Bid Deposit. If the bid deposit is in the form of a surety bond it must be of a corporate surety licensed to do business in the State of Washington accompanied by a completed Bid Deposit Surety Bond Form (see Appendix). Page 5 Section 00 10 00 - Invitation to Bid BROWNS PARK VOLLEYBALL COURTS CONSTRUCTION - PHASE I CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT WARNING:If the bidder is to submit a bid deposit in the form of a Surety Bond, the City strongly recommends the use of the Bid Deposit Surety Form contained in the Part 3 — Bid Response Documents. If the City's Bid Deposit Surety Bond Form is not used, the bidder is warned to take special care in assuring that the form used does not materially alter, aualifv or conflict with the terms and conditions set forth in the City's Bid Deposit Surety Bond Form. The failure to furnish a bid bond in compliance with the City's Bid Deposit Surety Form shall make the bid non- responsive and shall cause the bid to be rejected by the City. FUNDS: All money or dollar amounts referred to in the bid documents will be understood to mean US funds unless otherwise stated. ELECTRONIC COPIES of the plans and specifications can be obtained from: City of Spokane Valley, Parks and Recreation Department. 2426 N. Discovery Place, Spokane Valley, Washington 99216 BID SUBMITTALS must be made on the bid response sheets contained in the project manual. A COPY of the bid is on file with the City Clerk. QUESTIONS: For technical information contact Mike Terrell, ASIA, at (509) 922-7449 or for administrative information contact Mike Stone, Parks and Recreation Director, in the City of Spokane Valley at (509) 720-5400. Please reference project: Browns Park Volleyball Courts Construction - Phase I. Page 6 Section 00 10 00 - Invitation to Bid 4 *" e4 .„p, iLutir aiL 3tZ.M41; @e xav " ° yr;` tip, r wsyC td: ; r e _ t s4kia3N . 4r.�± adx .i"�tad '£ � Ny „ ' 1 � 4ad" a1k: Ct.s s a ate. ae a ti-,...74.17, >"� "" i >' M ri_•-,"! t . .5i.4Yi .\+ .. * E $7 ! p "4 A BRQWNS PARK VOLLEYBALL COURTS CONSTRUCTION - PHASI REVISED CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT i ' BASE BID - Browns Park Volleyball Courts - Phase I 7 Three Sand Volleyball S Courts (Eastern Most,Courts) , t • Revised from the ConstructIor Documents plans and,&details 1. Demolition, excavation, grading, sand,,sod placement and changes to irrigation 6 system. " . : , ,. e . . ,, , BASE BID = $ -lC (1210. 00 ' 8.7% SALES TAX = $ 81 ( L ) °\ TOTAL BASE BID= $ \08 )34‘ Q , t ADDITIVE ALTERNATE BID ITEM #1 - One Additional Sand Volleyball Court ' Revised from the Construction Documents plans, details and specifications. , 1. Excavation, grading, sand and irrigation adjustments for one additional court. 9 9r 9 J ADDITIVE ALTERNATE BID ITEM#1 = $ �,' 3.1 S, 00 8.7% SALES, TAX = $ TOTAL ADDITIVE ALTERNATE BID ITEM #1= $ \X-1 1 _ _, A A ' ADDITIVE ALTERNATE BID ITEM;#2 Demolition of Softball Field Backstop, Dugouts& Bleacher Pad Concrete `• As identified in the Construction Documents plans, details and specifications. 1 1. Remove and dispose of softball field backstop, dugouts, bleacher pad concrete. , Including chain link fence, posts, concrete footings, benches and bench footings and associated concrete. 8��;'� . ADDITIVE ALTERNATE #2 = $ ©Q I 8.7% SALES TAX = $ -14, , V18 TOTAL ADDITIVE ALTERNATE #2= $ ci S cA k,, (0B 1 ' - , : p _ . t a e, 'i ' S P rt i �, , t 3.' ., 4.ii ..:4 ', „T 1 .t t y A} .1 ` " . 5, , i, PerfsoniE "tyg,Name:, SC-duL. ^ Si nature df;Bidder: ipl €, . 2' ! viokb A '11 cI ` 1 ' ' ' Part'3* Bid i espon e Documents ".4 ', 1 !. .., 1 , • ; , , ,. •4 Page"IV - x � �f�"'°� !i' ztiv4a � ^ ri ; ias. 1{s .' ' .e �'ti _a7,3 n13 ,I� .,„�,fi,ET� o �, s:.-.., a .+ :1" kt,,,,,,,.,,..,,z..-0,..-p...--..,,m.„,.-4.-.,%,,,t1,5100,4„..,fit, ra 'e k'yx ,'42;.- ayw, .r j s, BROWNS PARK VOLLEYBALL COURTS CONSTRUCTION — PHASE T ` _ 1 CITY OF SPOKANE VALLEY _ PARKS AND RECREATION DEPARTMENT $ - ADDITIVE ALTERNATE BID ITEM#3 - One Additional Sand Volleyball Court SFa' 4 ' Revised from the Construction Documents plans, details and specifications. 1. Excavation, grading, sand and irrigation adjustments for one additional court. ' ADDITIVE ALTERNATE #3 = $ (00,. 0 0 tt i>. 8.7% SALES TAX = $ T ao (0'k TOTAL ADDITIVE ALTERNATE #3= $ --Nj\rSi- B ,� + , _ BID SUMMARY i Q itt , BASE BID $ \© 8I ` �1a1 4. ` . ADDITIVE ALTERNATE BID ITEM #1 = $ i \--`CSa " �1ti ADDITIVE ALTERNATE BID ITEM #2 = $ C v\\,(3 ADDITIVE ALTERNATE BID ITEM #3 = $ I'.),)8. .(101. #, GRANR.TOTAL _ $ a 1��, 073 m 1 a ` = , mo t } i 4.991 4 i 1 S '' we a ' '' ,, I g a° F +t5 A� i y Poy ;t S ' acTq° Person/Entity Name •Al�� .Y ' P SignatureOf Bidder , F c .I '1 A � Part 3111131dResponse Documents a, i . F. ' Page V 's fir,' ,k'S .� ' ti Parks and Recreation Department Scn1 2426 N. Discovery Place • Spokane Valley, WA 99216 pokane 509.688.0300 ♦ Fax: 509.688.0188 ♦ parksandrec@spokanevalley.org do,Valley. BID TABULATION - Browns Park Volleyball Courts Construction -Phase I BID DUE DATE-February 27, 2015, 12:00 PM PSDT Y:6 Nd V Stone Creek AM Clearwater Dew Drop Land Design & '' 4V � Landshaper Sprinklers & �� °,�a ��_ Summit Group Development Inc. Landscaping LLC 1 BASE BID $120,750.00 $108,247.00 $113,324.00 $99,670.00 SALES TAX $10,505.25 $9,417.49 $9,859.19 $8,671.29 Total $131,255.25 $117,664.49 $123,183.19 $108,341.29 ALTERNATE 1 $24,900.00 $28,000.00 $30,657.00 $24,335.00 SALES TAX $2,166.30 $2,436.00 $2,667.16 $2,117.14 Total $27,066.30 $30,436.00 $33,324.16 $26,452.14 ALTERNATE 2 $3,850.00 $4,900.00 $6,615.00 $8,824.00 SALES TAX $334.95 $426.30 $575.51 $767.69 Total $4,184.95 $5,326.30 $7,190.51 $9,591.69 ALTERNATE 3 $24,900.00 $28,000.00 $30,265.00 $23,260.00 SALES TAX $2,166.30 $2,436.00 $2,633.10 $2,023.62 Total $27,066.30 $30,436.00 $32,898.10 $25,283.62 TOTAL BID $189,572.80 $183,862.79 $196,595.96 $169,668.74 i n „ 410.1"\fteak QTY OF���u� Valley' BOND NO: DAACSU0659674 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Stone Creek Land Design & Development,LLC (Contractor),as Principal,a contract for the construction of the project designated as Browns Park Volleyball Courts Construction-Phase 1 Project , Project No.15-035 in Spokane Valley,Washington,and said Principal is required to furnish a bond for performance of all obligations under the Contract. The Principal,and International Fidelity Insurance Company (Surety),a corporation,organized under the laws of the State of Washington 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.TreasuryDept.,are jointly and severally held and firmly bound to the City of one Spokane Valley,in the sum of Hundred Sixty ESI qht xty oll�ad74/100 US Dollars($169,668.74 ) Total Contract Amount,subject to the provisions herein. The statutory performance bond shall become null and void, if and when the Principal, its heirs, executors, administrators, successors,or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the 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 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 no required for such increased obligation. This bond may be executed in two (2) original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by i fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY _ Stone reek Land Design & Development,LLC Inte national Fidelity Insi, ance Company 3- 079-/C �SJ` 3/20/2015 P ipal ignature [/� Date Surety Signature Date s `J �Gr-/ Shawn M. Wilson Printed Name Printed Name (ij/e' /1/(G/vc ." Attorney-i n-Fact Title !� Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc. 7903 E. Broadway Avenue, Spokane Valley, WA 99212 509-455-6767 Approved as to form: City of Spokane Valley Attorney,County of Spokane Date ern OFlime BOND NO: DAACSU0659674 CONTRACTOR'S NON-FEDERAL PAYMENT BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Stone Creek Land Design & Development,LLC (Contractor),as Principal, a contract for the construction of the project designated as Browns Park Volleyball Courts Construction-Phase 1 Project ,Project No.15-035 in Spokane Valley,Washington.and said Principal is required under the terms of the Contract to furnish a payment bond in accord with Title 39.08 Revised Code of Washington(RCW). The Principal,and International Fidelity Insurance Company (Surety),a corporation organized under the laws of the State of Washington 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 p One Hundred SixtyNine Thusand Six bound to the City of Spokane Valley,in the sum of Hundred Sixty Fight Dollars and 74/100 US Dollars (5169,668.74 1 Total Contract Amount,subject to the provisions herein. The statutory payment bond shall become null and void, if and when the Principal, its heirs, executors. administrators,successors,or assigns shall pay all persons in accordance with RCW 39.08 and 39.12 including all workers,laborers,mechanics,subcontractors,and materialmen,and all persons 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 Title 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,except as provided herein,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 no required for such increased obligation. This bond may be executed in two (2)original counterparts,and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. PRINCIPAL(CONTRACTOR) SURETY Stone Creek Land Design &Development,LLC International Fidelity Insurance Company ((1�31e — �0 /5 ►�►`,, S%A.. 3/20/2015 Princii ft ignhfurre Date Surety Signature Date Shawn M. Wilson Printed Name Printed Name Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: PayneWest Insurance, Inc. 7903 E. Broadway Avenue, Spokane Valley, WA 99212 509-455-6767 Approved as to form: City of Spokane Valley Attorney,County of Spokane Date w.Ct . * *y` - "G^ 'vd i'' i}•�� ✓L `+q 'Pe R. .y r s t ‘•-,,,,,..,:.-•••t1 :4s N• `• s;�t. VISA'* E S : � ¢r 'Sy �t�sS , I,. at�: ��\e.d- { 9d ' p,= ; � g �r fav Y • @ � h � � \S.3Y b� ` Tel'>;97 )62 -7200.4 a ity • ::Att:00.,:s.g,,:y.,iii:,,li, ...1::.,,,i,,:.:::..........,,,,..i,...i.:. ,,,.:Ii:,..,i,...:,:i...,,,...:,,:;:,. .,,..)::,,,,:i."1.1......::, ,..:1.::,....,!,.:,,..,:.,.....,..:3..,,,,..!.:,, ,.,:;!...:i.::.,:i.,.;::::::::::...:.........,;.;::!.,.;,:1,,:: ,:::: ..,::::::........-: :,:.,.:,:i:. 9 � £ ,,:,...;.,,,,,,,,,:i:.:;:.!:-„,.. ...:,.,_:,,,,:,,:,,,1,-.:-,.:,,,,]-., ..,„:...:,..,:::.:-..,,,,,:!..,.., 'I'........: ''... .:. I.'...: '.............:III....'I. HI::.:-I'...II'' ....:I..- .I.I.-"''''.:II ::,; INTERNATIONAL FIDELITY INSURANCE:.COMPANY._ ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER,;20TH`FLOOR,NEWARK,NEW JERSEY .07:102 5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing;under the laws of the State:,of New Jersey,::and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania,having their principal office in the City of Newark,New Jersey,do hereby constitute and appoint ED HEINE, GEORGE SEATON, ALLAN HULT:GREN.,SHAWN M. WILSON, BRENDA J:.SMITH, JAMES E.•MAJESKEY II,•JONATHAN M. EMMONS,:NAOMI•GERBER, LISA KYER., SHELLY DONOVAN, JACLYN R. KRUSE,!THOMAS V.A. DAVIS, MARLA J.I.DAVENPORT Missoula, MT. • I their true and lawful attorney )-in-fact to execute,seat and deliver for and on its behalf es surety,any and all bonds and undertakings,contracts of indemnity and other writings obligatoryin the nature thereof,.which are or Maybe allowed,required or permitted by<law,statute rule,regulation,contract or otherwise and the execution of such instrument(sl in pursuance of;these;presents,shall be as binding upon>:the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and: amply, to all,intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at•their principal offices. This:Power of Attorney is executed,and may be revoked, pursuant to and by authority of the Byy-.Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted:under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY ata meeting duly held On the 20thday of July,201 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day Of August,2000: "RESOLVED,that (1)the President,Vice President Executive Vice President or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power;and authority as defined or limited in their respective powers.of attorney,and to execute on behalf of the Corporation and affix the Corporation's:, seal thereto,bonds,undertakings, recognizances, contracts of;indemnity and other written obligations in the nature'thereof or related thereto; and(2)any.such Officers of the:Corporation may appoint and revoke the apppointments of joint-co•ntrol custodians,agents. • for acceptance of process,and Attorneys-in-fact with authority to execute waivers:and consents on behalf of the Corporation;and (3)the signature of any such Officer of the Corpor•ation arid the Corporation's seal maybe:affixed by facsimile to any.power of attorney or certification given for the execution-of any bond;undertaking,recognizance, :'contract of indemnity or:other written oblation.in the nature thereof'or related thereto,such signatureiand seals when so used whether heretofore or hereafter, :being hereby adopted by the Corporation as the original signature of such:officer"and'.the original seal of the Corporation,to be valid and binding upon the Corporation withthe same force and•effect es though manually affixed" IN WITNESS WHEREOF, INTERNATIONAL FIDELITY.INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY':have each executed and attested these presents on this 22nd day of;July,2014. 1 �ksvai:rr 4, STATE OF NEW JERSEY 4-*A,• c' County of Essex }'-.,.„4:eo11a'kf..:: ::: i:: : . :-::: 1 ::':'.i:'-H:•'-: ..::::::.,.., :,::':':::...h::..::•.': I::t: f‘i.':,.:''...::..'#:::'.r.. ,—, 4 • i© 4 193 )* 1 ROBERT W.MINSTER , IV4 - ' b Executive Vice President/Chief Operating Officer NSYL, . • (International Fidelity`Insurance company) — and President(Allegheny Casualty Company) -'- On this 22nd day of July 2014; before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn, said he is the therein:described and authorized officer of INTERNATIONAL FIDELITY INSURANCE.COMPANY and ALLEGHENY CASUALTY • COMPANY;' that the seals affixed to said instrument are the'Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixedby order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, 0 .",,,,, 40. � at the City of Newark,New Jersey the day and year,first above written. '`� V4..1 V/ i"%,� a ws s a",v.' Q * • A NOTARY PUBLIC OF NEW JERSEY 9:•• �' •, s� : i My Commission Expires April 16,2019 r'.'''''`"‘47)1911''''''.44'.: y'4i 7IYEW ~` CERTIFICATION I,the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit;'and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attomey, with the originals onfile inthe home office of said companies, and that the sameare correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full<force and effect. IN TESTIMONY WHEREOF, I•have hereunto setmy hand •this 20th - day•of March,, 2015 MARIA SRANCO Assistant Secretary -i -::-.,..5.::!.:1.-:-.4.:::z.',,,,:: „..:....? sit '" �3r Cys -.: .3 } 1' �s a' s s x� 3''E" .,. - . . , ✓ Ti:-- � . .}`i,...z, -"w ,.., .,--..5-,--:. .+t. "4 s .oda... �3 c a= t .,.4' r3 $i� ., >t��.. :, �"4 t? s.. STONCRE-04 JHAMPSHIRE C bRL ' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `-^ 3/19/2015 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME:CT Jody Hampshire Spokane Office PHONE FAX PayneWest Insurance,Inc. (A/C,No,Ext):(509)838-3501 (A/C,No): (509)838-3511 501 N.Riverpoint Blvd.,Ste 403 E-MAIL ham shire a newest.com P ADDRESS:) P @P Y Spokane,WA 99202 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Insurance Company 10804 INSURED INSURER B Stone Creek Land Design&Development,LLC INSURER C: 4009 E Francis INSURER D: Spokane,WA 99217 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE NSD WVD POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS (MM/DDYYY) (MMIDDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X CWP600041223 05/01/2014 05/01/2015 DAMAGE TO RENTED 300,000 PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE9 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO X X CWP600041223 05/01/2014 05/01/2015 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) _ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB CLAIMS-MADE CU600041323 05/01/2014 05/01/2015 AGGREGATE $ 4,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) RE:Browns Park Volleyball Courts Construction-Phase I City of Spokane Valley is named as additional insured for ongoing and completed operations.Insurance is primary and waiver of subrogation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Parks and Recreation Department ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N.Discovery Place Spokane,WA 99216 AUTHORIZED REPRESENTATIVE 6.. l✓ ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD CWP 6000412 - 23 05/01/14 AS1 05/01/14 • COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I- COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I -COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION Ili - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5.above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other insurance of SECTION IV - COMMERCIAL GENERAL. LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V- DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; CL CO 0013 08 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office,Inc.with its permission C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I- SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to$2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 0013 08 13 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc.with its permission 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or • (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED -NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 of 6 Office,Inc.with its permission 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or"suit"to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or"suit" as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit"for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. if you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V- DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc.with its permission Paragraph K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. • The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS OR OTHERS-AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage"or "personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the "products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office,Inc.with its permission a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured'sp olicY. • CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.with its permission CWP 6000412 - 23 05/01/14 AS1 05/01/14 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - COMPLETED OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person(s)or organization(s)when you are obligated by virtue of a written contract or agreement that such person or organization(s) be added as an additional insured to your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence, or the negligence of those performing operations on your behalf, for that additional insured and included in the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement. B. LIMITS OF INSURANCE Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. C. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage"or"personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your products-completed operations. D. PRIMARY NON-CONTRIBUTORY When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — COMPLETED OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 20 48 01 14 Includes Copyrighted material of Insurance Services Page 1 of 1 Office, Inc with its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL AUTOMOBILE EXPANSION ENDORSEMENT - PLATINUM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM The following provides a broad range of coverage in addition to that provided by the basic policy. In some instances, a higher limit or broader coverage is available. Should the policy indicate broader coverage or higher limits than provided by this endorsement, the higher limits or broader coverage shall apply. A. BROADENED NAMED INSURED (2) A person's or organization's status The Named Insured shown in the Declarations is as an additional insured exists only amended to include: while you are performing operations for that additional insured. Any organization, other than a joint venture, over (3) Section II, Paragraph C. Limits of which you maintain ownership or majority inter- est of more than 50%, unless that organization Insurance for person or organization is an "insured" under any other automobile pol- added as additional insured are icy or would be an "insured" under such a policy those specified in the written con- but for the exhaustion of its Limit of Insurance, tract or agreement, or in this cover- however; age form, whichever is less. These limits of insurance are inclusive of 1. Coverage under this provision is afforded and are not in addition to the Limits only until the 180th day after you acquire or of Insurance shown in the Declare- form the organization or the end of the policy tions. period,whichever is earlier. (4) This insurance applies on a primary 2. Coverage does not apply to"bodily injury" or and non-contributory basis if that is "property damage" that occurred before you required by the written contract or acquired or formed the organization. agreement. B. ADDITIONAL INSURED BY CONTRACT OR (5) This insurance does not apply AGREEMENT unless the written contract or The following is added to Section II - Liability agreement has been executed prior to the "bodily injury" or "property Coverage, Paragraph A.1.: damage". d. Any person or organization for whom you C. ADDITIONAL INSURED -EMPLOYEES are performing operations if you and such person or organization have agreed in writ- The following is added to the Section II— Liability ing in a contract or agreement that such Coverage, Paragraph A.1. Who Is An Insured person or organization be added as an addi- Provision: tional insured on your policy. Any "employee" of yours is an "insured" while us- (1) Such person or organization is an ing a covered "auto" you don't own, hire or borrow additional insured only with respect in your business or your personal affairs. to liability for"bodily injury" or "prop- D. EXTENDED COVERAGE - BAIL BONDS erty damage": Section II — Liability Coverage, Paragraph (a) Caused by an "accident", and A.2.a.(2). is deleted and replaced by the follow- (b) Resulting from the ownership, ing: maintenance or use of a cov- (2) Up to $5,000 for cost of bail bonds ered "auto". (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 1 of 5 Office, Inc.,with its permission E. EXTENDED COVERAGE - LOSS OF EARN- J. LEASED OR FINANCED "AUTOS" - PHYSI- ING CAL DAMAGE COVERAGE Section II — Liability Coverage, Paragraph The following is added to Section III — Physical A.2.a.(4) is deleted and replaced by the follow- Damage Coverage, Paragraph C. ing: 4. In the event of a total "loss" to a covered (4) All reasonable expenses incurred by "auto", we will pay any unpaid amount due the "insured" at our request, includ- on the lease or loan for a covered "auto", ing actual loss of earning up to $500 less: a day because of time off from work. a. The amount under the Physical Damage F. FELLOW EMPLOYEE COVERAGE Coverage section of the policy; and The Fellow Employee Exclusion contained in b. Any: Section II —Liability Coverage does not apply. This coverage is excess over any other collect- (1) Overdue lease/loan payments at the able insurance. time of the"loss"; G. AUTO MEDICAL PAYMENTS COVERAGE - (2) Financial penalties imposed under a INCREASED LIMIT lease for excessive use, abnormal wear and tear or high mileage; If the "insured" is wearing a seat belt at the time (3) Security deposits not returned by an "accident" occurs, the LIMIT OF INSUR- the lessor; ANCE for AUTOMOBILE MEDICAL PAYMENTS COVERAGE shown in the Declarations will be (4) Costs for extended warranties, double the limit shown. All other terms and con- Credit Life Insurance, Health, Acci- ditions applicable to MEDICAL PAYMENTS re- dent or Disability Insurance pur- main unchanged. chased with the loan or lease; and H. COVERAGE EXTENSION AS A CONSE- (5) Carry-over balances from previous QUENCE OF THEFT OF AN "AUTO" loans or leases. 1. Transportation Expense K. GLASS DEDUCTIBLE Section III — Physical Damage Coverage, Section III — Physical Damage Coverage, Para- Paragraph A.4.a. is deleted and replaced by graph D. is deleted and replaced by the follow- the following: ing: a. We will also pay up to $75 per day to a D. DEDUCTIBLE maximum of $2,500 for temporary For each covered "auto" our obligation to transportation expense incurred by you pay for, repair, return or replace damaged or because of the total theft of a covered stolen property will be reduced by the appli- "auto" of the "private passenger type". cable deductible shown in the Declarations. We will pay only for those covered "autos" for which you carry either Corn- Any Comprehensive Coverage deductible prehensive or Specified Causes of Loss shown in the Declarations does not apply to: Coverage. We will pay for temporary 1. "Loss" caused by fire or lightning; or transportation expenses incurred during the period beginning 48 hours after the 2. "Loss" when you elect to patch or repair theft and ending, regardless of the pol- glass rather than replace. icy's expiration, when the covered "auto" L. EXTENDED COVERAGE - ELECTRONIC is returned to use or we pay for its EQUIPMENT "loss". Paragraph C.2.a. Limits of Insurance of Section We will also pay reasonable and neces- III —Physical Damage Coverage is deleted.: sary expenses to facilitate the return of the stolen "auto"to you. We will pay with respects to a covered "auto"for "loss" to antennas and other accessories neces- I. EXTENDED COVERAGE -AIRBAGS sary for use of the electronic equipment. How- Section III — Physical Damage Coverage, Para- ever, this does not include tapes, records or graph B.3.a. does not apply to the unintended discs. discharge of an airbag. Coverage is excess over any other collectible insurance or warranty specifically designed to provide coverage. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 2 of 5 Office, Inc.,with its permission • M. EXTENDED COVERAGE - PERSONAL EF- P. PHYSICAL DAMAGE COVERAGE - HIRED FECTS "AUTOS The following is added to Section III — Physical You may extend the Comprehensive, Specified Damage Coverage, Paragraph A.4.: Causes of Loss and Collision coverages pro- d. Physical Damage Coverage on a cov- vided on your owned "autos" to any "auto" you ered "auto" may be extended to "loss" to lease, rent, hire or borrow from someone other your personal property or, if you are an than your employees or partners or members of individual, the personal property of a their households subject to the following: family member, that is in the covered 1. The most we will pay in any one "loss" is the "auto" at the time of"loss". least of $100,000, the actual cash value of the"auto" or the cost to repair or replace the The most we will pay for any one "loss" "auto", except that such amount will be re- under this coverage extension is $500. duced by a deductible to be determined as N. TOWING AND LABOR COVERAGE follows: Section III — Physical Damage Coverage, Para- a. The deductible shall be equal to the graph A.2. is deleted and replaced by the follow- amount of the highest deductible shown ing: for any owned "auto" of the same classi- fication for that coverage. In the event If a private passenger type "auto" or light truck there is no owned "auto" of the same "auto" (0-10,000 Lbs. GVW) is provided both classification, the highest deductible for Comprehensive and Collision Coverage, we will any owned "auto" will apply for that cov- pay up to $150 for towing and labor costs in- erage. curred each time such "auto" is disabled. If a medium, heavy or extra-heavy truck or extra- b. No deductible will apply to "loss" caused heavy Truck-tractor "auto" (greater than 10,000 by fire or lightning. Lbs. GVW) is provided both Comprehensive and 2. Coverage provided under this extension will: Collision Coverage, we will pay up to $250 for towing and labor costs incurred each time such a. Be excess over any other collectible "auto" is disabled. However, the labor must be insurance; performed at the place of disablement. b. Pay, in addition to the limit set forth in O. EXTENDED COVERAGE - CUSTOMIZED P.1. above, up to $500 per day, not to FURNISHINGS exceed $3,500 per"loss"for: The following is added to Section III — Physical (1) Any costs or fees associated with Damage Coverage, Paragraph A.4.: the"loss" to a hired "auto"; and e. Physical Damage Coverage on a coy- (2) Loss of use, provided it is the con- ered "auto" may be extended to "loss" to sequence of an "accident" for which • custom furnishings including, but not you are legally liable, and as a result limited to special carpeting and insula- of which a monetary loss is sus- tion, height-extending roofs, and custom tained by the leasing or rental con- murals, paintings, or other decals or cern. graphics, custom signage and custom Q. RENTAL REIMBURSEMENT COVERAGE non-factory paint. Our limit of liability for loss to custom We will pay for rental reimbursement expenses furnishings shall be the least of: incurred by you for the rental of an "auto" be- cause of"loss" to a covered "auto". (1) Actual cash value of the stolen or damaged property; 1. Payment applies in addition to the otherwise applicable amount of each coverage you (2) Amount necessary to repair or re- have on the covered "auto". place the property; or 2. No deductible applies to this coverage. (3) $1,000 3. We will pay only for those expenses incurred This coverage extension does not apply during the policy period beginning 24 hours to electronic equipment. after the"loss" and ending, regardless of the expiration date of the policy, with the lesser of the following: CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 3 of 5 Office, Inc.,with its permission a. When the covered "auto" has been re- (b) Any"auto" used by that individual paired or replaced, or or his or her spouse while working under this in a business of selling, servicing, b. When the total amount paidrepairing or parking "autos". coverage extension reaches $2,500. 2. Changes In Auto Medical Payments And 4. Our payment is limited to the lesser of the Uninsured And Underinsured Motorists following amounts: Coverages a. Necessary and actual expenses in- The following is added to Who Is An Insured: curred. Any individual named in R.1.a and his or her b. Not more than $75 per day. "family members" are "insured" while "occupy- ing" or while a pedestrian when being struck 5. We will pay up to an additional $300 for the by any"auto"you don't own except: reasonable and necessary expenses you in- cur to remove your materials and equipment Any "auto" owned by that individual or by any from the covered "auto" and replace such "family member". materials and equipment on the rental 3. Changes In Physical Damage Coverage "auto". Any private passenger type "auto" you don't 6. This coverage does not apply while there own, hire or borrow is a covered "auto"while in are spare or reserve "autos" available to you the care, custody or control of any individual for your operations. named in R.1.a or his or her spouse while a 7. If "loss" results from the total theft of a cov- resident of the same household except: ered "auto" of the "private passenger type", a. Any "auto" owned by that individual or by we will pay under this coverage only that any member of his or her household. amount of your rental reimbursement ex- b. Any "auto" used by that individual or his or penses which is not already provided for un- her spouse while working in a business of der the Physical Damage Coverage Exten- selling, servicing, repairing or parking sion. "autos". R. DRIVE OTHER CAR COVERAGE 4. The most we will pay for the total of all dam- 1. Changes In Liability Coverage ages under LIABILITY COVERAGE, AUTO MEDICAL PAYMENTS, UNINSURED MO- a. Any"auto"you don't own, hire or borrow is TORISTS COVERAGE and UNDERIN- a covered "auto" for Liability Coverage SURED MOTORISTS COVERAGE is the while being used by: LIMIT OF INSURANCE shown in the Decla- (1) You, if you are designated in the rations as applicable to owned "autos". Declarations as an individual; 5. Our obligation to pay for, repair, return or (2) Your partners or members, if you replace damaged or stolen property under are designated in the Declarations PHYSICAL DAMAGE COVERAGE, will be as a partnership or joint venture; reduced by a deductible equal to the amount of the largest deductible shown for any (3) Your members or managers, if you owned private passenger type "auto" appli- are designated in the Declarations cable to that coverage. If there are no as a limited liability company; owned private passenger type "autos", the (4) Your "executive officers", if you are deductible shall be $50 for Comprehensive designed in the Declarations as an Coverage and $100 for Collision Coverage. organization other than an individ- No deductible will apply to "loss" caused by ual, partnership, joint venture or lim- fire or lightning. ited liability company; and E. Additional Definition (5) The spouse of any person named in As used in this section; R. DRIVE OTHER R.1.a.1. through R.1.a.(4) while a CAR COVERAGE: resident of the same household. "Family member" means a person related to except: the individual named in R.1.a by blood, mar- (a) Any "auto" owned by that individ- riage or adoption who is a resident of the indi- ual or by any member of his or vidual's household, including a ward or foster her household. child. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 4 of 5 Office,Inc.,with its permission S. KNOWLEDGE OF OCCURRENCE T. WAIVER OF SUBROGATION BY CONTRACT The following is added to Section IV— Business OR AGREEMENT Auto Conditions, Paragraph A.Z.: The following is added to Section IV - Business d. Notice of an "accident" or "loss" will be Auto Conditions, Paragraph A.S.: considered knowledge of yours only if We waive any right of recovery we may have reported to you, if you are an individual, against any "insured" provided coverage under a partner, an executive officer or an em- this endorsement under B., ADDITIONAL IN- ployee designated by you to give us SURED BY CONTRACT OR AGREEMENT, but such notice. only as respects "loss" arising out of the opera- e. Notice of an "accident" or "loss" to your tion, maintenance or use of a covered "auto" pursuant to the provisions or conditions of the Workers Compensation insurer, for an event which later develops into a claim written contract or agreement. for which there is coverage under this U. UNINTENTIONAL OMISSIONS policy, shall be considered notice to us, The following is added Section IV - Business but only if we are notified as soon as Auto Conditions, Paragraph B.2.: you know that the claim should be ad- dressed by this policy, rather than your We will not deny coverage under this policy if Workers Compensation policy. you fail to disclose all hazards existing as of the f. Your rights under this policy shall not be inception date of the policy, provided such fail- prejudiced if you fail to give us notice of ure is not intentional. an "accident" or "loss", solely due to V LIBERALIZATION your reasonable and documented belief that the event is not covered by this pal- If we revise this endorsement to provide greater coverage without additional premium charge, we icy. will automatically provide the additional cover- The following is added to Section IV— Busi- age to all endorsement holders as of the day the ness Auto Conditions, Paragraph 2.b.: revision is effective in your state. (6) Knowledge of the receipt of docu- ments concerning a claim or "suit" will be considered knowledge of yours only if receipt of such docu- ments is known to you, if you are an individual, a partner, an executive officer or an employee designated by you to forward such documents to us. CW 34 68 01 12 Includes Copyrighted material of Insurance Services Page 5 of 5 Office, Inc.,with its permission 3/11/2015 STONE CREEK LAND DSGN/DEV LLC • home; lnitinen i::l?a:iiol Cunt,ici ;Search L&I SEARCH A-7..Index Help MV Secure.L l Safety Claims&Insurance Workplace Rights Trades&Licensing 0 Washington State Department of Labor & Industries STONE CREEK LAND DSGN/DEV LLC Owner or tradesperson 4009 E FRANCIS AVE SPOKANE,WA 99217 MARTIN,JOSHUA DAVID 509-892025 Principals SPOKANE County MARTIN,JOSHUA DAVID, PARTNER/MEMBER Doing business as • STONE CREEK LAND DSGN/DEV LLC WA UBI No. Business type 603 338 890 Limited Liability Company Parent company STONE CREEK LAND DSGN/DEV LLC License Verify the contractor's active registration/license/certification(depending on trade)and any past violations. Construction Contractor Active. ........................................................................... Meets current requirements. License specialties GENERAL License no. STONECL869JG Effective—expiration 04/07/2014—04/0712016 Bond Western Surety Co $12,000.00 Bond account no. 61986155 Received by L&I Effective di 04/07/2014 04/02/2014 Expiration date Until Canceled Insurance ............................... Continental Western Ins Co $1,000,000.00 Policy no. CWP600041223 Received by L&I Effective date 04/30/2014 05/01/2014 Expiration date 05/01/2015 Insurance history Savings No savings accounts during the previous 6 year period. I Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. L&l Tax debts https://secure.ini.wa.gov/verify/Detail.aspx?UBI=603338890&LIC=STONECL869JG&SAW=False 1/2 3/11/2015 STONE CREEK LAND DSGN/DEV LLC No L&I tax debts are recorded for this contractor license during the previous 6 year period,but some debts may be recorded by other agencies. License Violations No license violations during the previous 6 year period. Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account is current. 292,311-00 Doing business as STONE CREEK LAND DESIGN&DEVE Estimated workers reported Quarter 4 of Year 2014"51 to 75 Workers" L&I account representative TO/GARY HONG(360)902-4823-Email:HONC235@Ini.wa.gov Workplace safety and health No inspections during the previous 6 year period. c Washington State Dept.of Labor&Industries.Use of this site is subject to the laws of the state of Washington. https://secure.lni.wa.gov/verify/Detail.aspx?UBI=603338890&LIC=STONECL869JG&SAW=False 2/2 STONCRE-04KGEHRS DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 4/30/2015 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 be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Spokane Office FAX PHONE (509) 838-3501(509) 838-3511 (A/C, No): (A/C, No, Ext): PayneWest Insurance, Inc. E-MAIL 501 N. Riverpoint Blvd., Ste 403 ADDRESS: Spokane, WA 99202 INSURER(S) AFFORDING COVERAGENAIC # American Fire and Casualty Co24066 INSURER A : Ohio Casualty Insurance24074 INSURED INSURER B : INSURER C : Stone Creek Land Design & Development, LLC 4009 E Francis INSURER D : Spokane, WA 99217 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDLSUBR POLICY EFFPOLICY EXP INSR TYPE OF INSURANCELIMITS POLICY NUMBER (MM/DD/YYYY)(MM/DD/YYYY) LTR INSDWVD AX 1,000,000 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED X XX BKA5663890805/01/201505/01/2016 1,000,000 CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) 15,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 POLICYLOCPRODUCTS - COMP/OP AGG$ JECT WA Stop Gap1,000,000 $ OTHER: COMBINED SINGLE LIMIT 1,000,000 AUTOMOBILE LIABILITY $ (Ea accident) AX XX BAA5663890805/01/201505/01/2016 BODILY INJURY (Per person)$ ANY AUTO ALL OWNEDSCHEDULED BODILY INJURY (Per accident)$ AUTOSAUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS (Per accident) AUTOS $ X X 4,000,000 UMBRELLA LIAB EACH OCCURRENCE$ OCCUR B USO5663890805/01/201505/01/2016 4,000,000 EXCESS LIAB CLAIMS-MADEAGGREGATE$ 10,000 X $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WA L&I Account #'s Stone Creek LLC / 292,311-00 SCS Spray Service LLC / 292,311-01 Zetin Contractors LLC / 292,311-02 RE: Browns Park Volleyball Courts Construction - Phase I City of Spokane Valley is named as additional insured for ongoing and completed operations. Insurance is primary and waiver of subrogation applies. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. Parks and Recreation Department 2426 N. Discovery Place AUTHORIZED REPRESENTATIVE Spokane, WA 99216 © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01)The ACORD name and logo are registered marks of ACORD