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09-090.00 Acme Concrete Paving: Sprague at Evergreen & McDonald PCCP Intersections • Contract THIS AGREEMENT, made and entered into this L / day of ,2009, between the City of Spokane Valley under and by virtue of Title 35 RCW, a amended and Acme Concrete Paving, Inc. Hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Sprague/Evergreen & McDonald PCCP Intersection Project COSV Contract 09 -026 In accordance with and as described in the attached plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for him'self/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first City of Spokane Valley 1 Agreement for Construction Services Sprague / Evergreen & McDonald PCCP Intersection Project Bid No: 09 -026 c_o1 0 Ro below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor , 2009. Date ' S ra - ./fse--tC... Printed Name "" Title t Signature City of S okane Valley alie JO c, k--41°`'‘ Printed Name 6k-4) le 11111 ' / II ALii �.,- Signature / City of Spokane Valley 2 Agreement for Construction Services Sprague / Evergreen & McDonald PCCP Intersection Project Bid No: 09 -026 .. . . . .. • • • .... • • - • q'OZh, Base Bid Schedule A - Evergreen Intersection Work ITEM 0 ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 1 MOBILIZATION L.S. 1 LS f y91 2 SURVEYING L.S. 1 LS 5; aoo 3 SPCC PLAN L.S. 1 LS 4 / 70 4 TEMPORARY WATER L.S. 1 LS 5Da POLLUTION/EROSION CONTROL 5 PROJECT TEMPORARY TRAFFIC L.S. 1 LS ,a,o6d CONTROL 6 SAWCUT AC OR PCC PAVEMENT LF IN 2236 0 • !PS- 1) /53 REMOVE CONCRETE CURB AND °° 7 ISLAND S.Y. 308 7. 0c) 42, >5 8 REMOVE ASPHALT CONC. PAVEMENT S.Y. 8004 3.0 0 a4, Ot . OD 9 REMOVE PCC PAVEMENT S.Y. 993 $, ©o 1, 9/4 1 0 REMOVE PCC CURB AND GUTTER L.F. 35 / 6 Zeol 6 0 11 REMOVE PCC SIDEWALK S.Y. 21 9 v / $ 9 112 12 ROADWAY EXCAVATION INCL. HAUL C.Y. 1779 / / 8 �/ 08/ 13 CRUSHED SURFACING TOP COURSE TON 2582 / 7 14 ci 539 14 HMA CL. 1/2 IN. PG 64 -28 TON 1002 e Kew 15 ANTI- STRIPPING ADDITIVE EST. 1 . $1.00 $1.00 16 JOB MIX COMPLIANCE PRICE CALC 1 $1.00 $1.00 ADJUSTMENT 17 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 18 CEMENT CONC. PAVEMENT 10 IN. S.Y. 5307 0 1 I ° `A7,,3/,3 o° THICK, INCL. DOWELS FURNISHING CONCRETE FOR C.Y. 1474 l 041 02 /53,x76' CEMENT CONCRETE PAVEMENT 20 PORTLAND CEMENT CONC. CALC 1 - $1.00 $1.00 COMPLIANCE ADJUSTMENT oo 21 STORM TRENCH SAFETY SYSTEM L.S. 1 . LS 3 ADJUST EXISTING MANHOLE, EACH 15 ® ° , 5 00 22 CATCHBASIN OR DRYWELL Addendum No. 2 Page 3 City of Spokane Valley Sprague / Evergreen & McDonald PCCP Intersections Project Col-ociO Base Bid Schedule A - Evergreen Intersection Work ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 23 ADJUST EXISTING VALVE BOX EACH 10 / Golf R,00 SOLID WALL PVC STORM SEWER PIPE `' 24 L.F. 18 Cry o I I 12 IN. DIAM. 25 EXISTING DRYWELL CONNECTION EACH 2 q'`t a J • \ `i 6 o ° PRECAST CONCRETE DRYWELL, -= 26 EACH 2 3004' c TYPE B 27 CONCRETE TRAFFIC ISLAND 12 IN. ad L.F. 400 3,116 WIDE 28 CEMENT CONC. CURB AND GUTTER L.F. 35 1 to 3 511 29 CEMENT CONC. SIDEWALK S.Y. 21 a 4 sal RAMP DETECTABLE WARNING � oo I69 30 RETROFIT S.F. 48 a o 3 & !� a 31 SOD INSTALLATION S.Y. 5 so of SO ° 32 CONDUIT PIPE 2 IN. DIAM. L.F. 1061 q oQ 33 JUNCTION BOX - TYPE 2 EACH 3 y 66 1 I 36(3 34 INDUCTION LOOP, TYPE 2 EACH 48 tne a3 boo 35 TRAFFIC SIGNAL SYSTEM 00 L.S. 1 L.S. a, 00 MODIFICATIONS 36 TEMPORARY PAVEMENT MARKING L.F. 6000 . d 4, SO a 37 GROOVED PLASTIC CROSSWALK LINE S,F. 864 a 0,5A r 7, 7. 38 PAINT LINE L.F. 2,809 a.4 1, ��Y 39 PAINTED WIDE LINE L.F. 1294 0,..6 4,54 40 PAINTED TRAFFIC ARROW EACH 8 510 '' 41 GROOVED PLASTIC STOP LINE L.F. 187 9 75 5 S!n/ 42 PAINTED TRAFFIC LETTER EACH 16 -. 10 43 PERMANENT SIGNING L.S. 1 L.S. 647 -' 44 SURVEY MONUMENT EACH 1 306 ° " 306 0 42 45 PULLBOX EACH 2 J 47 �✓ a, a61-- 4 53v Total Schedule A 6 IS g (i 2 z 3 Addendum No. 2 Page 4 City of Spokane Valley Sprague / Evergreen & McDonald PCCP Intersections Project Base Bid Schedule B - McDonald Intersection Work ITEM ITEM DESCRIPTION UNITS QUANTITY PRICEIUNIT TOTAL Do 1 MOBILIZATION L.S. 1 L.S. 3‘, oC0 2 SURVEYING L.S. 1 L.S. sao0 o s 3 SPCC PLAN L.S. 1 L.S. 1 (00 4 TEMPORARY WATER L.S. 1 L.S. 4 35 9-4? POLLUTION /EROSION CONTROL 5 PROJECT TEMPORARY TRAFFIC L.S. 1 L.S. aa, and 'o CONTROL 6 SAWCUT AC OR PCC PAVEMENT LF -1N 1800 d !o S /;/-70 o 7 REMOVE CONCRETE CURB AND S.Y. 324 7• 00 ab8 ISLAND v+ 8 REMOVE ASPHALT CONC. PAVEMENT S.Y. 7324 3,00 a I, 9 • 9 REMOVE PCC PAVEMENT S.Y. 778 $' -d() CoraaL- 10 REMOVE PCC CURB AND GUTTER L.F. 273 6 40 t, 4 14° 11 REMOVE PCC SIDEWALK S.Y. 160 (0 . cY 64 fir 3 X�3 C 12 ROADWAY EXCAVATION INCL. HAUL C.Y. 1831 „ to , a, NCIY d Ie-6C 13 CRUSHED SURFACING TOP COURSE TON 2416 0 � 14 HMA CL. 1/2 IN. PG 64 -28 TON 1047 `gin "ILI g4 aa0 15 ANTI - STRIPPING ADDITIVE EST. 1 $1.00 $1.00 16 JOB MIX COMPLIANCE PRICE CALC 1 $1.00 $1.00 ADJUSTMENT 17 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 18 CEMENT CONC. PAVEMENT 10 IN. S.Y. 4509 QV{ d ° �d�,��4 THICK, INCL. DOWELS 19 FURNISHING CONCRETE FOR CEMENT. C.Y. 1253 / 0 'f= /30,31a CONCRETE PAVEMENT 20 PORTLAND CEMENT CONC. CALC 1 $1.00 $1.00 COMPLIANCE ADJUSTMENT Addendum No. 3 Page 5 City of Spokane Valley Sprague /Evergreen & McDonald PCCP Intersections Project J ' Base Bid Schedule B - McDonald Intersection Work ITEM ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT . TOTAL 21 STORM TRENCH SAFETY SYSTEM L.S. 1 ' L.S. 3a6 22 ADJUST EXISTING MANHOLE, EACH 13 3D0� 0 3,°100 CATCHBASIN OR DRYWELL 23 ADJUST EXISTING VALVE BOX EACH 10 1 (0 a- -° t, (0 24 SOLID WALL PVC STORM SEWER PIPE L.F. 80 � ' a 4'� Sa 12 IN. DIAM. 25 CATCH BASIN TYPE 1L EACH 6 1 96 7d " • 26 EXISTING DRYWELL CONNECTION EACH 7 9 70 b) 9 () ea 27 EXISTING CATCHBASIN CONNECTION EACH 1 (no Q . iD o o REPLACE DRYWELL FRAME AND 26 EACH 6 `I 0 b y, a 00 GRATE 29 SPILL CONTROL SEPARATOR EACH 8 ,.3,5" a, 6M 30 CONCRETE TRAFFIC ISLAND 12 IN. L.F. 494 • :,*, WIDE 7 �, '„9,Q a ' - 31 CEMENT CONC. CURB AND GUTTER L.F. 273 +bi a * 13C t b 4,456 ' 32 CEMENT CONC. SIDEWALK S.Y. 160 = - • a j t�c ` CEMENT CONC. SIDEWALK RAMP �` 33 TYPE 2 EACH &gyp ° oZ 34 CEMENT CONC. PEDESTRIAN CURB L.F. 77 — ° rc�3c ��-- Ib4 35 SOD INSTALLATION S.Y. 22 °= L� 1 pp o 36 CONDUIT PIPE 2 IN. DIAM. L.F. 658 9 ° —° 5 tQaao 37 JUNCTION BOX - TYPE 2 EACH 5 gi(op 29 " a , s00° 38 INDUCTION LOOP, TYPE 2 EACH 40 4186 1 q ,qod 39 TRAFFIC SIGNAL SYSTEM e° L.S. 1 L.S. �2 DD S MODIFICATIONS 40 TEMPORARY PAVEMENT MARKING L.F. 6000 d. S / F60 41 GROOVED PLASTIC CROSSWALK LINE S.F. 768 AO 52 ' (6, Addendum No. 3 Page 6 City of Spokane Valley Sprague /Evergreen & McDonald PCCP Intersections Prgiect e s Base Bid Schedule B - McDonald Intersection Work ITEM 1 ITEM DESCRIPTION UNITS QUANTITY PRICE/UNIT TOTAL 42 PAINT LINE L.F. 2,942 0 .. '4G 1, 3a3 9— 43 PAINTED WIDE LINE L.F. 350 0,54 189 44 PAINTED TRAFFIC ARROW EACH 4 q0 6 a 1 6, Vo GROOVED PLASTIC STOP L 154 S?9 - g4 45 LINE 'F' of 46 PAINTED TRAFFIC LETTER EACH 8 ! q ? t S 33? 47 PERMANENT SIGNING L.S. 1 L.S. dun 8� 48 SURVEY MONUMENT EACH 1 a7v o� a7 p ° v 49 PULLBOX EACH 1 01,aSZ) a► S e-0 50 Catch Basin Type 2 EACH 1 Z ' a as°° a, a as u Schedule B Total ( 00 151 Bid Summary Schedule Total Schedule A - Sprague/Evergreen PCCP Intersection, CIP 2-1j 0102 Schedule B - Sprague/McDonald PCCP Intersection, CIP -7 7 0104 foo °1 ') Combined Total o Co 00 1 � Person/Entity Name: - Signature Of Bidder. L � r Company: t4C.n.x 0 --- erc t e a,i, ., 5 ,1„ a Date: 5 -1 S - - Addendum No. 3 Page 7 City of Spokane Valley Sprague / Evergreen & McDonald PCCP Intersections Project • • Si Valley. • BOND NO: 10 • CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES KNOW ALL MEN BY THESE PRESENTS, that ACME Concrete Paving , Inc . ( Contractor), as Principal, and Travelers Casualty and Surety Company of America (Bonding Company), as Surety, a corporation of Connecticut , whose principal office is located at One Tower Square, Hartford, CT 06183 , are firmly bound • unto the State of Washington and the City of Spokane Valley, a political subdivision the State of Washington, as Obligees, to fulfill the obligations of the Principal and the Surety under the Con ** to which reference is hereafter made, in ** *One t or 2 �ion Two 1 oo. oo ******* * * * * * ** *u*** * * * * * * * * * * * * Ce Was on State sales tax) for payment �e amount . $1,19,000.00 "am � ) p � whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, Principal has by written Proposal dated May 15,. 2009 offered to enter into a Contract with the City of Spokane Valley for Contract No. 0102 & olo3pursuant to the terms and conditions set forth in the Contract Documents dated NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform all the provisions of the Contract on its part, and pay all laborers, mechanics, subcontractors and material suppliers, and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work, and indemnify and hold harmless the Obligees from all loss, cost or damage which it may suffer by reason of the failure to do any of the foregoing, then this obligation shall be null and void; otherwise it shall remain in full force and effect. All persons who have famished labor, materials or supplies for use in and about the work provided for in the Contract shall have a direct right of action under this bond, to the extent and in the manner set forth in RCW 39.08. The said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. SIGNED AND SEALED THIS 28 thDAY OF May YEAR 20 0 9 . Travelers CasuAlty and Surety ompany of America ACME Concrete Paving. Inc. - S • TY PRINCIPAL 0� attire Signature Judith C. Kaiser - Smith TypedName ' TypedName Attorney -in -Fact Title • Title (SEAL) . City of Spokane Valley 17 Agreement for Construction Services Sprague / Evergreen & McDonald PCCP Intersections Project Bid No: 09 -026 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Farmington Casual ty Company Com SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company . Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company • • Attorney. -In Fact No. 219685 Certificate No. 0 02626547 SNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guaidian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Judith A. Rapp, James E. Majeskey 11, and Judith C. Kaiser -Smith of the City of Spokane , State of Washington , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their b�usiness of„guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or p rpi l" 1"in annloons o1eedings allowed by law. ' V 's s '' '‘ $ V) - .`-‘° .II, j . 23rd IN WITN ; , I1OF, the CompAbhave caused this ins t to b sign d h i orate seals to be hereto affixed, this day of � � • �� ��.- V Farmington Casualty Cg,�ijny�� ) St. Paul Guardian Insurance Company Fidelity and GuarantyWns r:. {cl;'4 O St. Paul Mercury Insurance Company Fidelity and Guaranty Insu e'Underwr ters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company - �`� +q' +, 4 SUAE1y _.y11tR 4 O`Aµ•.I..... , .j tssup 4 J '�S Y 'w0� 151 0 0 11 w0 4. • 7 1 ' 98 2 ° H0OI`POftATID fi 927 d d '1r0.. m ; o R �ry ' C L s b b 'F = 1951 M ! � �� o S EA L a � day � ti� � � ��';. u , ' � QF (�Y1 � ��foG�. � fy : A1 1 , 4 � � 1 ? "-•� �}t N • ' �t+� AIN ~.INM State of Connecticut By: City of Hartford ss. Geor Thompson, enior Ice President 23rd September 2008 On this the day of , , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc„ • Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. /OEN I n Witness Whereof I hereunto set m h and and official seal. ' � GJ14 " C C. �� My Commission expires the 30th day of June, 2011. * 0 jjB * Marie C. •lbtreault, Notary Public 58440 -5 -07 Printed In U.S.A. yARNING: POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER • • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity N and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice • President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, • any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the. Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the • Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine InsurancA Cojnpany, ^ St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure .eenpany eric d United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Powe • - • .� e e lb bmpanies, which is in full force and effect and has not been revoked. ,. •W ,�_ i elk • IN TESTIMONY WHEREOF, I have hereunto set my hand an d th . s p ies this 28th d o f May , 20 09 sy- 4111111■ 41 15V ' Kori M. Johans ' Secretary ~ • • • G � �� � Y C J� 4 t �O * � S 9 Jai 1N8yq o Jy ytr Ako YAyp • 1982 o 1977 trFO 192 � ` � " '" a � ° wu osD, HAIM •� + b 1951 v N b � r > � SEAL * ' S .1 �$ corm g V • g,�. 1898 . - . ►� G iy• OfifF_Vi "tNt� `d l8 : Aala� °j a. -. // /1 Y "i To verify the authenticity of this Power of Attorney, call 1- 800 -421 -3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. • • WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ACORD CERTIFICATE OF LIABILITY INSURANCE DATE 05/29/09 PRODUCER 509 - 358 -3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services / CAL #0531007 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Main Ave. Suite 1400 Spokane, WA 99201 INSURERS AFFORDING COVERAGE INSURED INSURER A: Natl Fire Ins. Co. of Hartford Acme Concrete Paving, Inc. 4124 E. Broadway INSURER B: American Cas Co of ReadiPA ng Spokane WA 99202 INSURER C: Great American Ins. Co. INSURER 0: 1 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ -- IN r I DATE TY PE OF INSURANCE POLICY NUMBER • D T EY EFFECTIVE POLICY EXPIRATION LIMITS LTR I ATE (MM /DD11(Y1 DATE IMM/DD/YY) A GENERAL LIABILITY 2091645862-1 12/31/08 12/31/09 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) - $ _300000 CLAIMS MADE [ _d OCCUR MED EXP (Any one person) 9 _ _ 10000 PERSONAL & ADV INJURY $ 1000000 _ GENERAL AGGREGATE 9 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP /OP AG_G 9 2000000 7 POLICY 1 ;(-1 T P 1 JEC LOC — _ B AUTOMO LIABILITY 2091645912 -1 12/31/08 12/31/09 COMBINED SINGLE LIMIT (Eta occident) $ 1000000 X ANY AUTO ___.__ _- _____ . _ -- ----_ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS - ?e person) - _. . X HIRED AUTOS BODILY INJURY $ X NON - OW (Per accident) NED AUTOS _ __—_- ____ __. -.__ -- - PROPERTY DAMAGE $ (Per accident) _GARAGE LIABILITY AUTO ONLY - EA ACCIDENT I 0 -_ - - ANY AUTO OTHER THAN EA ACC $ _ _ AUTO ONLY: AGG 0 —___ C EXCESS LIABILITY TUE5955928 -6 12/31/08 12/31/09 EACH OCCURRENCE _ $ 15000000 I OCCUR I 1 CLAIMS MADE [ AGGRIGATE � _ _ - . -- . S 15000000 DEDUCTIBLE -- $ - - X RETENTION 9 10000 $ A WORKERS COMPENSATION AND 2091645862 -1 12/31/08 1 2/31 /09 _•__1 WC STATU• TORv LLMITs j 10TH- s _ I ER . _ ---- .. -_ EMPLOYERS' LIABILITY WA STOP GAP ONLY E.L. EACH ACCIDENT s _ _ 1170o000 E.L. DISEASE • EA EMPLOYEE S 1000000 El. DISEASE - POUCY LIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Spokane Valley Bid #09 -026; Sprague/Evergreen & McDonald PCCP Intersections Project Capital Improvement Project nos. 0102 & 0103; Contract Amount S1,219,000. Primary & Non - contributory Additional In- sured status is given to the City of Spokane; the Contracting Agent and its officers, elected officials, employees, agents, and volun- teers as granted by the policy. CERTIFICATE HOLDER X I ADDITIONAL INSURED; INSURER LETTER: - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Spokane Valley Public DATE THEREOF, THE ISSUING INSURER WILL X MAXi'i MAIL 30 DAYS WRITTEN Works Department NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. KtXXXIMIXXOUCKBOOXIXX 11707 E. Sprague Ave., Ste 106 IitosE wasnoxtmot>oxxrANtxtxxxx■mX1)41XXOWSZCOSXXXXXXIXXIX03X01 X Spokane Valley, WA 99206 °� ■ p AUTHORIZED REPRESENT • 1 / -- ' " ms ACORD 25 - S (7/97) . 17 43 e % i C i ORPORATION 1988 G140331A 010, Page 1 of 2 IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. . SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS- COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE • Name of Person or Organization: Designated Project: . BLANKET ADDITIONAL INSURED COVERAGE PER WRITTEN CONTRACT (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: • 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily injury" or "property damage" arising out of the "products - completed operations hazard" unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising Injury" arising out of an architect's, engineer's, or surveyor's http:// formnet- ci.cna.comlglhtm/cna3133.htm 12/28/2006 G140331A 010 Page 2 of 2 rendering of or failure to render any professional services including: a. The 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. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: a e. An additional insured under this endorsement will as soon as practicable: (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a Toss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. htto:// fommet- ci.cna.com /a1htm/cna3133.htm 12/28/2006 G18652H 0106 Page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART organization Coverage afforded under this extension of coverage endorsement does not apply to any person or r9 covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED (Section II) is amended to include as an. insured any pen ae requited nization (called additional insured) described in paragraphs 2.a. through 2.g. below you additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. State or Political Subdivisions A state or political subdivision subject to the following provisions: (1) 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, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. This insurance does not apply to "bodily injury, " "property dama e g " or "personal and advertising injury" arising out of operations performed for the state or municipality. b. Controlling interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of (1) Their financial control of you; or (2) Premises they own, maintain or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured. c. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. d. Mortgagee, Assignee or Receiver . • i,4-.r, 12/28/2006 G18652H 0106 Page 2 of 7 A mortgagee, assignee or receiver but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. e. Owners /Other Interests — Land is Leased An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co -owner of insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. g. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organizationiT written contract or agreement with you for an insured under this endorsement ends when their leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any "occurrence" which takes place after the equipment lease expires; or (2) To "bodily injury", "property damage ", or "personal and advertising injury" arising out of the sole negligence of such additional insured. above does Any insurance provided to an additional insured designated d � �,n the "products-completed operations not apply to "bodily injury" or "property damage hazard". Paragraph 4.b. SECTION IV — As respects the coverage provided under this endorsement, COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over: excess, Any other insurance naming the additional it insured en U COntract or agreement specifically requires that contingent or on any other basis unless this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance s and noncontributing ng with this for injury or damage covered by this endorsement t o be exce insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section 11— Who Is An Insured is deleted. feted. COVERAGE 3. JOINT VENTURES ! PARTNERSHIP 1 LIMITED LIABILITY A. The following is added to Section 11— Who Is An Insured: partnership or limited liability company 4. You are an insured when you had an interest in a joint venture, p p which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a "consolidated (wrap -up) insurance program ". _ . . , „ . 12J2Rf2006 G18652H 0106 Page 3 of 7 "Consolidated (wrap -up) insurance program" means a construction, , on t1 on' secured genera! which the prime contractor /project manager or owner of the co project has liability insurance covering some or all of the contractors or subcontractors � C I P) or Contractor Controlled o referred to as an Owner Controlled Insurance Program Program (C.C.1.P.). B. The last paragraph of Section 11— Who Is An Insured is deleted and replaced by respect the to the conduct of any th Except as provided in 4. above, no person or organization is an insured is i not hown as a Named Insured current or past partnership, joint venture or limited liability company that in the Declarations. • 4. EXPANDED PERSONAL AND ADVERTISING INJURY „ A. The following is added to Section V — Definitions, the definition of "Personal and advertising a injury arson, h. Discrimination or humiliation that results in injury to the feelings or reputation P but only if such discrimination or humiliation (1) Not done intentionally by or at the direction of (a) The insured; or (b) Any "executive officer', director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and active employment, past (2) Not directly or indirectly related to m os o n or ns by any insured. employment or termination of employm ent of any person is amended to B. Exclusions of Section 1 — Coverage B — Personal and Advertising Injury Liability include the following: P• Discrimination Relating To Room, Dwelling or Premises -lea or Caused by discrimination directly or indirectly related tohe dwelling or rental, prernises by at the prospective sale, rental, lease or sub-lease of any room, direction of any insured. q. Fines Or Penalties Fines or penalties levied or imposed by a govemmental entity because of discrimination. C. This provision rovision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY k o ER o A . Also does not a ED PERSONAL AND ADVERTISING INJURY COVERAGE does to discrimination or humiliation committed of not apply to policies issued in the states of New York or Ohio. D. h provision rovision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) CO s A E doe'ither apply Section 1 — Coverage B — Personal And Advertising Injury Liability provisions of the Coverage Part or by endorsement. 5. MEDICAL PAYMENTS A. Paragraph 7. Medical Expense Limit, of Section 111 — Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Occurrence Limit), the Medical of "bodily injury" sustained by any under Section —1— Coverage ense Limit is g eaternohs because one person. The Medical Expense $15,000; or Expense Limit. (2) The amount shown in the Declarations for M Seci — Coverage C Medical Payments is excluded either by the provisions B. This provision 5. (Medical Payments) of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I — Coverage C — Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT P Damage 2. Exclusions, Exclusion j. is A. Under Section I — Coverage A — Bodily Injury and Property replaced by the following. "Property damage" to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of 17.12RI2Oli6 G18652H 0106 Page 4 of 7 those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work' and were never occupied, rented or held for rental by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to perform operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented t� you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section lit — Limits Of insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard ". B. Under Section 1 — Coverage .A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section Ill — Limits Of Insurance. C. Paragraph 6. Damage To Premises Rented To You Limit of Section 111 — Limits Of Insurance is replaced by the following: 6. Subject to 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most we will pay under Section — 1 — 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, including contents of such premises rented to you for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: a. $200,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner, or E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section 1 — Coverage A is excluded either by provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section 1 — Coverage A, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON - OWNED AIRCRAFT Exclusion 2.g. of Section 1 — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of h, t+ t,•// fnrrnnPt- ri. cn a.coml2lhtm.1cna5569.htm 12/28/2006 G18652H 0106 Page 5 of 7 the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. It is rented with a trained, paid crew; and 3. It does not transport persons or cargo for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion e. Contractual Liability of Section I — Coverage B is deleted. 10. SUPPLEMENTARY PAYMENTS A. Under Section I — Supplementary Payments — Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily Toss of earnings is replaced by $1,000. 11. LIQUOR LIABILITY Exclusion c. of Section I — Coverage A is deleted. 12. NEWLY FORMED OR ACQUIRED ORGANIZATIONS 0 Paragraph 3.a. of Section Ii — Who Is An Insured is deleted and replaced by the following: Coverage under this provision is afforded only until the end of the policy period or the next anniversary of this policy's effective date after you acquire or form the organization, whichever is earlier. 13. LIBERALIZATION CLAUSE If we adopt a change in our forms or rules which would broaden coverage for contractors without an additional premium charge, your policy will automatically provide the additional coverages as of the date the revision is effective in your state. 14. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Based on our reliance on your representations as to existing hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. 15. NOTICE OF OCCURRENCE The following is added to paragraph 2. of Section IV — Commercial General Liability Conditions — Duties In The Event of Occurrence, Offense, Claim or Suit: Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence, offense, claim or "suit" and that 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". 16. BROAD KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. of Section IV — Commercial General'Liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit: You must give us or our authorized representative notice of an "occurrence ", offense, claim, or "suit" only when the "occurrence ", offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. 17. AGGREGATE LIMITS PER PROJECT •- A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. A separate Single Construction Project General Aggregate Limit applies to each construction project away from premises owned by or rented to the insured, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Single Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury" or "property damage" s..t- c...• //c•,,-,Y,,,pt_p. rn rnm /alb tm /ma 5569 htm 12/28/2006 G18652H 0106 Page 6 of 7 included in the "products - completed operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b: Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Aggregate Limit for that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate Limit shown in this Declarations nor shall they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. . . 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction ,Project General Aggregate Limit. B. For all sums which the insured becomes legally for obligated medical expenses damages caused by accidents "occurrences" r under COVERAGE A (SECTION l), and COVERAGE C (SECTION I), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the products - completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of Limits of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY Section V — Definitions, the definition of "bodily injury" is changed to read: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section 1— Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: A. This exclusion does not apply to: 1. Coverage available to you under this policy which is broader in scope than coverage provided to you under a "consolidated (wrap -up) insurance program" for a construction project in which you are involved; 2. Coverage for your interest only for ongoing operations in excess of all coverage available to you under a "consolidated (wrap -up) insurance program" for a construction project in which you are involved; and t.+a.•/ /n..v..aot_r; rra rnm /vlh#rn /rna5 - 1 69 htm 12/28/2006 G18652H 0106 Page 7 of 7 3. Coverage for your interest only for operations included within the "products -completed operations hazard" in excess of all coverage available to you under a "consolidated (wrap -iup) insurance program" for a construction project in which you are or have been involved. Paragraphs A.1., A.2. and A3. above do not apply to any portion of a "consolidated (wrap -up) insurance program" involving a "residential structure." 13. The following is added immediately after the first paragraph of provision b. Excess Insurance of Section ill — Commercial General Liability Conditions — Other Insurance; This insurance is excess, over any of the other insurance whether primary, excess, oontingent or any other basis that is insurance available to you as a result of your being a participant in "consolidated (wrap -up) insurance program", but only as respects your involvement in that "consolidated (wrap -up) insurance program ". C. The following is added to Section V — pefinttions: "Consolidated (wrap -up) insurance program" means a construction, erection or demolition project for which the prime contractor /project manager or owner of thedconstrtrction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). "Residential structure " means any structure where 30% or more of the square foot area is used or is intended to be used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses, co- operatives or planned unit developments and also incl their common areas and/or appurtenant structures (including pools, hot tubs detached garages, guest houses or any similar structures). When there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels, or motels. Residential structure also does not include hospitals or prisons. 21. CONTRACTUAL LIABILITY— RAILROADS With respect to operations performed within 50 feet of railroad property and for which a Railroad Protective Liability policy in the name of the railroad has been provided, the definition of "insured contract" in the SECTION V— DEFINITIONS is replaced by the following: "Insured Contract" means: 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 to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract°, b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance" to indemnify a municipality, except in connection with work for a municipality; e . An elevator maintenance agreemernt, f. That part of any other contract or agreement pertaining to your businea. (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph t. does riot include that part of any contract or agreement. (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve reaps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, lnoluding those listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. rnr,Ioi ,t n /rna5 9.l1t1T} 12/28/2006 CG2404 1093 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above . because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. • • ilttn.//frIrrnnet-r.i.cna.corn/21htm/s14-5478.htm 12/28/2006 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED . DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART . GARAGE COVERAGE PART TRUCKERS COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET ADDITIONAL INSURED COVERAGE AS REQUIRED BY THE THE WRITTEN CONTRACT a. The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of an "Insured" and only to the extent of that liability. b. CANCELLATION - 1. If we cancel the policy, We will mail notice to such person or organization • in accordance with the Common Policy Condition. 2. If you cancel the policy, we will mail notice to such person or organization. 3. Cancellation ends this agreement. Includes copyrighted material of Insurance Services Office, Inc. with its permission Copyright Insurance Services Office, Inc., 1988 CLICA 99 0910 90 ADYERtiSEMENT FOR BIOS g must t� submitted CITY 0� �aled envelo�es ad- SPOKA!! YAltE1f dre�sed to dhe Crty► Cleck PUBUC WO�KS DEPART- the C'rtyr oi Spokane Va!- MENTHIO N 09-026 1I107 E. Sprague SPRA6UEI�YER6�tEEN qvenue, Su�e 106. Spo- MCDONAIO PCCP IMTER- y�ne Valley, �Nashin�tan, SECTIOHS PROJECT 9g2�g, and rece�ved not N�ti�e is hereby �n+an later than 11:U0 e.� thaf the City o1 Spokane pgpT fridax Msy 15. Valle�+, S�nit�ne Cnunty, �009 Bid openings �ritl Washing�on iv�11 ar�pl be �heid immed�atety sQated �xds for the Spra- th�reafler and read aioud gue /Evetgreen ilcDo- �n the City �ountil Cham- nald PSCP IntersecUons be�, Su�te 1�1 Projea� �e pr��ect r�n- C�#y ot S Val sisls 4i road ��nstruC• ley r�rrv� the ngfit to �1�rt and storm d�ain can- w��ve eny irregulanties stru�harr wark ,nct�d�ng 6r Informalitfes and io pfacemer�ofcrush�sur- ject any �r all bCds. No 1'acing, sn�allation ��dder mey w'rthdraw his 4 Portland CQmert Con bid aft�r ihe time an Federal Tax ID No 68 crr�tte pauem�m (P�CP) nounsed fbr th� tr�d ap�n �n� h�i mix asphalt paw i� Q r betor� thP award AFFIDAVIT OF PUBLICATION Gopigs o6 the bid packet an0 execsril�rt af the mn- mcluding s�e�r(ications t�act, untES� the award is and plans �ar be ob delayed for penud ex- STATE OF WASHINGTON bined at kfie affice of the Cesfling �:xty t�fl1 County of Spokane, ss. City of SDokene Yallgy days Public Works Oepartment, c�ristine 8ambndge, p y ai 11707 E S�rague Awe Name: Ci of S okane Valle Acct: 42365 nue, Suite 304, Spok�ne Spokans Va{I�y Ci�l Cler�c Vall�y, WA 9920�-6124, pUB�SM: Apnl 24 and p,p,; No. Lines' 96 Mortday through F�iday 1 ���g SR18478 from 8:00 a.m to 5:00 p,m. A non Total Cost: 307.86 Log No: SR18478 am�unt of �50.00 is re- qui►ed. Cop��s o1 th� b�d pachet including sp�ii�- I, Ruth Sullivan c�tiuns and plans may be do solemnly swear that i am the Principal Clerk of the SPOKESMAN obtain�i in PDF f�rmat on a comRact di�c at no REVIEW, a newspaper established and regularly published, once �harge. each day in the English language, in and of general circulation �n the All bfds must be acram City of Spokane, Spokane County, Washington; and in the City of na Ihe tarm af y Coeur d'Alene, Kootenai County, Idaho; that said newspaper has t�nd, p�si�l moneyQrder, been so established and regularly published and has had said general c�sl� c�sh3et°s check or c�rculatlon continuousl for more than six 6 months rior to the 23rd c�rtif�ed �heck in an y p amaunt equal to dive per• day of July, 1941; that said newspaper �s printed in an office �$�t t5�1 ai t�e amaunt maintained at its place of publication in the City of Spokane� af th� t�Sd prop�sed, Fail Washin ton; that sa�d news a er was a proved and desi nated as a ure t� iurn(s� b�d bond 9 P P P 9 m�m�lian�e wrth the legal newspaper by order of the Superior Court of the State of City's bid depos�t sutaty Washington for Spokane County on the 23rd day of July, 1941, and bond t�rm shall make the that said order has not been revoked and is in full force and effect; bid n�n-vesp9ns�vt and cause th� bid to be r���ct- that the notice attached hereto and which is a part of the proof of ublication� was p published in said newspaper, one time(s), the publication having been made once each time on the following dates: Ap�il 24, 2009 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper proper and not �n a ���y TS -FR�, supplement. ��t�� �O e Subscribed and swor to before me at the City of Spokane, this 24th ��z� o Z day of Aprd, 2009 ��4 O /J c� �L cv t-- CL�t,t ���ts�%��PP=� ��i4.Q-(c� Notary Public ln and for the State of Washington, residing m Spokane County� Washmgton O F T 11� AD�fERTlS�MQR Bi� rtlu�s submitted FD� 81DS in s�a�eA env���s a�- Cl1Y �f dressed to the C'rty Clerk SP0I�AAHE YALLEY of the Cityot S�kaaeVal- PUStIC WORKS OEPART I�►, 11101 E� SprBgue MENT B1D 08�OZ8 Avanue, SuilQ 106 Spo- SARABUEE/EVER6'�EEII kane Valfay+, W�sfiingt�n, MCDDM1110 PCCP iN1ER gg�p6� anQ �eivad not SECTIOKS pA01ECT leter than 11 sQD a.m. Flatics �a hereby given P�DT f�x, �a� l5 that th� City of Spaka� IDQ9 ei� a�emngs w� f� �talley� Spok�ne Goun�t� t�e heid �mmedt�t�ly �hfashin�ton will a�ept I #hereattel an� read al�u� sealed bids for the Spra- in the City Council Cham• gue l�ve�te�tt g McDa- ber�, Suite 101. aatd PC�P I�tetsectitms Ths CiEq uf Spokane Val- Projeot. Ths p�ect con- ley r$serv�s the riQht to sisis o1 r�a0 recanstnrc- wei�e any Irr�goEarit�es tion and starm dr�in con- ur iaformaf�ies and io r� struc#ion worh inaiudmg ect any or ail Qid9. No p l�cement�fcrushed�u� ���der may w�hdFaw his *Federal Tax ID No. 68-0617327 f�cing, instaNatinn �f btd aRe� the �irne an- P�rtland Cer��tt Con nounces for the b�d op�t- cret� pavemertt P�CP) ing, or betore the award AFFIDAVIT OF PUBLICATION an� hot ma� aspha E Raw- and eac�utian of tha con- in8. lt�et, unless 1he award is STATE OF WASHINGTON Capies of the b�d pecket deiaysd tot a periqd e�c- �noluding speclfi�tions e�ding s�► �6�) County of Spokane, ss. and plans can b� ob-' days. tainsd at the offt� oi ths City af Spokane ValfeY Ciufstine Bainbridge� Name: City of Spokane Valley Acct: 42365 PubUc Waths {�epartinteM, CMC at 11701 E. S�ague A+►e- SpokaneVaN�►Ci� Cle�k P No Lines 96 nue� Sult� 3��. Spok��e PU�USN: Aprfl 4 and Valf�y, WA g4Y0B-6124, M�y 1, 2009 �R18478 Mon tfuaugh fr�dey Total Cost 30T.86 f Log No: SR18478 trom �:00 e.m. t� 5-00 am�unt af ��0.00 is be- I. Debora L Winters qurred C�pi� ai �te bid do solemn(y swear that I am the Principal Clerk of the SPOKESMAN- packet fnclud�ng sp�ifi- C��ans and plans mey 6Q REVIEW, a newspaper established and regularty published, once obtained in P�F tormat each day in the English language, in and of general cir+culation in the on a c�mpact d�s. at no City of Spokane. Spokane County, Washington; and in the City of cha�ge. �11 bids must be a�aam Coeur d'Alene. Kootenai Caunty, Idaho; that said newspaper has p�anied by a brd dEposil been so establlshed and regulariy published and has had said general ►n tfie �orm ot a sur�ty► circulation continuously for more than six (6) months prior to the 23rd �and, p�stal mon�y order, aash, cas6�er's check, ar day of July� 1941; that said newspaper is printed in an office �t�e� ch�k �n an maintained at its place of pubiication in the City of Spokane, �m�unt equa) to �tre per Washin on; that said news a er was a roved and desi nated as a csni �5�) �f tt�s emQU�t 9t P P PP 9 �f 1fie bid p t�a�sed. Faft- legal newspaper by order of the Superior Court of the State of ure to fum ish 8 6'td bond Washington for Spokane County on the 23rd day of July, 1941, and in compiiance with the that said order has not been revoked and is. in full force and effect; �it�s bid depDSft stttetY �aad form shatl make the that the notice attached hereto and which is a part of the proof of b« ���t'�B e"� publication. was published in said newspaper� one time(s)� the ceusst�ebtdtobe�eject I ublication havin been made once.each time on the followin dates: P 9 9 May 1. 2009 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was r�ubl'shed jn the newspaper proper and not in a M F/s+ supplement. i] c Q�` yg �oN ��y Subscribed and sworn to before me at the City of Spokane, this 1 st 9� day of May, 2009 �yATARY p�H1-1C Notary P, lic in an or t. e tate of Washington, '�q�,� residing in Spokane County, Washington w P�� SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: ADVERTISEMENT FOR BIDS No. City of Spokane Valley Public Works Department Bid # 09-026 AFFIDAVIT OF PUBLISHING Sprague/Evergreen & McDonald PCCP NOTICE Intersections Project ) STATE OF WASHINGTON ) )ss. County of Spokane ) MICHAEL HUE MAN , being first duly sworn on oath deposes and says that he is the EDITOR , of The Spokane Valley NewsHerald, a weekly newspaper. Thatsaid newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a pubbc notice as it was published in regular issues commencing on the 24th d of Aprt . 2009. and ending the 1st day oT f May. 2009 all dates utclusive and that such newspaper was regularly distributed to its subscribers during all of said period. -7 %-4 ADVERTISEMENT` FOR tams Crnr OF SPOKANE VALLEY PUSLIC WORKS OEPARTVENT SM # mlwm SMAQUFJEV a MCOOM W PCCP INTERSECTIONS PROJECT Notico Is homy ghraa that the City of Spokane Valley no County. WaWnl tan will ac- ce sea od bldsa for the SprequeMvergroen a Donald tsCCP tntsr+smctteaes Proloet Tht3 p criet~d~nendatamr drain construction, work InctudaV placement of crushed surfadtng, tnsiallatm of Porftand Ce- mart! Concrete pavement p C M wid hot roc asphalt paving. Coptea of Me b1d packet including speciticatrow of and plans ry vaRev Public Waft the DeP~~. id 11707 E. Sprague Avenue. Sul!s 304, Spokane Valley WA 99208.13124. Monday through Fi1day tram ft am to 50M Pm, A rtat•refu,udttble amount of $50 op is requited. Copies of the bid paeiccat Including specifmaNans and plans may be dftttnad m POF format on a compact disc at no Ali b char". he amarnpantef by a bid deposit In the form ar asurety bend. postal money order. C851h, oastaoe s chM* or cedrkW ehea in an r tha~a d equal to We pament (VS) of the amount b1d p PQSO& Fakure to fumish a bW bornd in oorrrpiranCe with the U YS bid deft sumty band form dW maim ft aid now(eWnsNa and cause the bid to be roJeCtod &ds must be submitted to mmied envelopes addressed to the City Clerk 01 the City et Sprs fare V011ey. 11707 E. Sprague Avenue, Suite 108. Spokano Vaulty. Washingftn, 89208. and received rW laterlhan 11.,00a M PSDT, Friday. May 15, 2009 131d opwdnp wilt be held trrimmfs• ata<yt er8aft it and teat aloud In thaCdyCoumg CNWftm suite 101. Tho Cdy of Spokane Valley reserves the nght to wain any imVuda*W$ ar trri®mm !tits and to rated any or all bids No bidder may withdraw his bid after the trine ammunced for Me bid operdng, or bolt the award and execution of the ~tttract, unless MO award is delayed for a exc eedtrrg sud" (60) days. =0 Bainb , cme 69 fu VMRoy Cary Clark G!. to before me State of Washington County of Spokane I certify that 1 know or have satisfactory evidence that Michael Huffman is the person who appeared before RAE me, and said person acknowledged that he signed F~, this instrument and acknowledged it to be his free d voluntary act for the uses and purposes men- ~oF ned in instrument. tApTARY N ' PUBUG . • lene a " ntz j~'!1~,~Y t 6 2° , itle: rotary Public OF V!/ pS~` My a ointment expires: 5-16-11