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16-118.00 Prosser & Sons: Terrace View Park Play Equipment CONSTRUCTION AGREEMENT Prosser& Sons THIS CONSTRUCTION AGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington("City")and Prosser& Sons, ("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 Removal and Installation of Play Equipment at Terrace View Park Project(the "Work") in accordance with documents described in Exhibit A and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof and referred to as the"Contract Documents"),and shall perform any changes in the work in accordance with the Contract Documents. The terms and provisions in this Agreement shall control over - any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below, assume and be responsible for the cost and expense of all work required for constructing and completing the Work and related activities provided for in the Contract Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager or designee shall administer and be the primary contact for Contractor. Upon notice from City,Contractor shall promptly commence work,complete the same in a timely manner,and cure any failure in performance under this Agreement. Unless otherwise directed by City,all work shall be performed in conformance with the Contract Documents, and all City,state,and federal standards,codes,ordinances,regulations,and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed and shall complete the Work by September 30, 2016. 3. Liquidated Damages. Time is of the essence for this Agreement. 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$150.00 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 $13,640.00, plus Washington State Sales Tax of $1,186.68(if applicable),for a total of$14,826.68,based on the bid submitted by Contractor(Exhibit B),and as may be adjusted in accordance with the Contract Documents. 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 7 at the address stated in paragraph 6. Pursuant to chapter 60.28 RCW, five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents, City standards,City Code, state standards, or federal standards. 6. Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Prosser& Sons Phone: (509)921-1000 Phone: (509)993-2840 Address: 11707 East Sprague Ave., Suite 106 Address: 5544 N. Drumheller Street Spokane Valley, WA 99206 Spokane, WA 99205-7509 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state,and local laws, codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal, state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW, 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&I"). 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 7 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 chapter 39.12 RCW. 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/pryW agelookup.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 City Public Works Department 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 and agreed that Contractor shall be an independent contractor and not the agent or employee of City,that City is interested only in the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW,or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period, remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed and Bonded. Contractor shall be duly licensed,registered,and bonded by the State of Washington at all times this Agreement is in effect. 15.Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively,Contractor Construction Agreement Page 3 of 7 may elect to have the City retain 50%of the Agreement amount in lieu of providing the City with a payment bond and a performance bond,pursuant to RCW 39.08.010(3). 16. Insurance. Contractor shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,or employees. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired,and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,independent contractors,products- completed operations, stop gap liability, personal injury, advertising injury, and liability assumed under an insured contract. The commercial general liability insurance shall be endorsed to provide a per project aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no endorsement or modification of the commercial general liability insurance for liability arising from explosion, collapse, or underground property damage. City shall be named as an additional insured under Contractor's commercial general liability insurance policy with respect to the work performed for City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3.Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 each occurrence, $2,000,000 general aggregate, and no less than a $2,000,000 products- completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain,the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above,City shall Construction Agreement Page 4 of 7 be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Contractor shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. F. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein,except Contractor shall have sole responsibility for determining the limits of coverage to be required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each and every subcontractor's commercial general liability insurance policy using an endorsement at least as broad as ISO additional insured endorsement CG 20 38 04 13. 17.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify,and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor, Contractor's agents, subcontractors, subconsultants, and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Construction Agreement Page 5 of 7 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. 18.Waiver. No officer,employee, agent,or other individual acting on behalf of either party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. 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 shall be included in every subcontract of every tier. 23.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 24. 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. 25. 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. Construction Agreement Page 6 of 7 26.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business if it has not already done so. 27.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. 28. Exhibits. Exhibits attached and incorporated into this Agreement are: cab A. Scope of Work Cost Statement B. Insurance Endorsements The Patties have executed this Agreement this day of , 2016. CITY OF SPOKANE VALLEY: Contract s07 • _61L Mark Calhoun,Acting City Manager :y: Glen Prosser Its: Authorized Representative ATTEST: � r Christine Bainbridge, City Clerk APPROVED AS TO FORM: C7A4 ( e of thAttorney Construction Agreement Page 7 of 7 PROSSER&SONS Estimate N. 5544 DRUMHELLER SPOKANE,WASHINGTON 99205-7509 Date Estimate# 4/21/2016 343 Name/Address City of Spokane Valley Attn:Mr.Mike Stone CPRP 2426 N.Discovery Place Spokane Varney,Wash.99216 Project 201600-Terrace Vi... Description Total Remove and Replace the storm damaged Evos play structure manufactured by Landscape Structures. 12,890.00T Proposal includes Washington state labor rates,concrete products,rented equipment,and compliant installation. It does not include unloading the play equipment and confirming accuracy of order and undamaged condition. Schedule of installation will fit you schedule as closely as possible but we do have previous commitments that must be considered. Subtotal $12,890.00 Sales Tax (8.7%) $1,121.43 Total $14,011.43 Y/z49 / (, , , L,-- .., y /i/ ' -1 G� )7,4,1:14_, .,<Z-pt___,L_ - . --Z -1-- 7/C '-- -0 .A-'..e..-..4 ___, Lett-e-ft- .___#_,,i,<J__ ,A.7:-.--e-qz-- - / moi'/ �� i L-?`e // 4. ..i..�._ _re-ems Z-`-x--ee. , i , A 3-7.4_,A_--ale4/ 6t-iA- 4.----0 ' --- -, Glen R. Prosser NPSI, NPPS Certified Playground Inspector No.16062-0413 Installations,inspections and assessments 5544 N Drumheller Street Spokane,Washington 99205 r�.,� Phone(509)993-2840 • `1t.v� Fax(509)326-4907 gmprosser©juno.com ���• PROS&SO-01 MCASE AC'CMCYDATE(MM/DD/YYTY) (ter,, : CERTIFICATE OF LIABILITY INSURANCE 8/1/2016 THIS CERTIFICATE IS-ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY.AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS.CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR'PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the.certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy;certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Leanne Green NAME: Spokane PHONE (509)6243291 FAX 400 S Jefferson St Ste 333 INC,No,Eat): (Arc,No):(509)456-0294 • Spokane,WA 99204-3143 • ADDRESS:(green@andre-romberg.com . INSURER(S)AFFORDING COVERAGE NAIC C I . • INSURER Producer Resources,Inc. 00000 i INSURED INSURER B:Cincinnati Insurance Company 10677 Prosser&Sons . INSURER C: Glen Prosser • 5544 N Drumheller INSURER 0: Spokane,WA 99205 INSURER E: •• INSURER F: COVERAGES • CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIF.' THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD • INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP • LIMITS LTRINSD MD POLICY NUMBER (MM/DO/YYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR• X X CSU0014847 11/25/2015 11/25/2016 PDAMGS OERtoNccTuErOrew) $ 100,000 MED EXP(Any one person) $ 1,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X NI: LOC PRODUCTS-COMP/OP AGO $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY' COMBINED SINGLE LIMIT $ 1,000,000 (Ea acciderd) B ANY AUTO � EBA0053726 12/14/2015 12/14/2016 BODILY INJURY(Per person) $ ALL OWNED • ,(I• AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X 'NONariED, ((PR�OPPEERTY DAMAGE $ I dent) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS UAB I . j CLAIMS-MADE AGGREGATE $ • DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY STATUTE X ER N A ANY PROPRIETOR/PARTNER/EXECUTIVE Y( CSU0014847 11/25/2015 11/25/2016 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 1 i N f A (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 if pas,descnbe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) . The City of Spokane Valley is named additional insureds with completed operations and coverage is Primary Non-Contributory per CSGA437.Waiver of Subrogation applies per CSGA4087.Per project aggregate applies per CG2503. Project:Terrace View Removal&Installation of Play Equipment CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Spokane Valley,Parks&Rec Dept THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CityACCORDANCE WITH THE POLICY PROVISIONS. 2426 N.DISCOVERY PLACE Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) _ ' The ACORD name and logo are registered marks of ACORD CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: n will be shown in the Declarations (If no entryappears above, information required to complete this endorsement PPq P as applicable to this endorsement.) A. For all sums which the insured becomes legally Designated Construction Project General obligated to pay as damages caused by "occur- Aggregate Limit for any other designated rences" under COVERAGE A (SECTION I), and construction project shown in the Schedule for all medical expenses caused by accidents above. under COVERAGE C (SECTION I),which can be 4. The limits shown in the Declarations for Each attributed only to ongoing operations at a single Occurrence, Fire Damage and Medical Ex- designated construction project shown in the pense continue to apply. However, instead of Schedule above:. being subject to the General Aggregate Limit 1. A separate Designated Construction Project shown in the Declarations, such limits will be General Aggregate Limit applies to each des- subject to the applicable Designated Con- ignated construction project, and that limit is struction Project General Aggregate Limit. equal to the amount of the General Aggregate B. For all sums which the insured becomes legally Limit shown in the Declarations. obligated to pay as damages caused by "occur- 2: The Designated Construction Project General rences" under COVERAGE A (SECTION I), and Aggregate Limit is the most we will pay for the for all medical expenses caused by accidents sum of all damages under COVERAGE A, under COVERAGE C (SECTION I),which cannot except damages because of"bodily injury" or be attributed only to ongoing operations at a sin- "property damage" included in the "products- gle designated construction project shown in the completed operations hazard", and for medi- Schedule above: cal expenses under COVERAGE C regard- 1. Any payments made under COVERAGE A for less of the number of: damages or under COVERAGE C for medical a. Insureds; expenses shall reduce the amount available b. Claims made or"suits" brought; or under the General Aggregate Limit or the c. Persons or organizations making claims or Products-Completed Operations Aggregate Limit,whichever is applicable; and bringing"suits". Any payments made under COVERAGE A 2. Such payments shall not reduce any Desig- 3. gated Construction Project General Aggre- for damages or under COVERAGE C for gate Limit. medical expenses shall reduce the Desig- nated Construction Project General Aggre- gate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Decla- rations nor shall they reduce any other CG 25 03 03 97 Page 1 of 2 CG 25 03 03 97 C. When coverage for liability arising out of the D. If the applicable designated construction project "products-completed operations hazard" is pro- has been abandoned, delayed, or abandoned vided, any payments for damages because of and then restarted, or if the authorized contract- "bodily injury" or "property damage" included in ing parties deviate from plans, blueprints, de- the "products-completed operations hazard" will signs, specifications or timetables, the project will reduce the Products-Completed Operations Ag- still be deemed to be the same construction pro- gregate Limit, and not reduce the General Ag- ject. gregate Limit nor the Designated Construction E. The provisions of Limits Of Insurance (SECTION Project General Aggregate Limit. III) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 CG 25 03 03 97 COMMERCIAL GENERAL LIABILITY CSGA 437 11 08 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU OPERATIONS AND COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II-Who Is an Insured is amended to 1. "Bodily injury', °property damage" or include as an additional Insured any person or °personal and advertising injury" arising organization when you and such person or out of the rendering of, or the failure to organization have agreed in writing in a con- render, any professional architectural, tract or agreement that such person or or- engineering or surveying services, In- ganization be added as an additional insured eluding: on your policy,but only with respect to 'bodily preparing,The approving,, property damage or personal and a. approvin , or failing advertising injury°caused,in whole or In part, to prepare or approve, maps, shop by: drawings, opinions, reports, surveys, field orders, change orders or draw- l. Your acts or omissions in the perform- ings and specifications;or ance of your ongoing operations for the b. Supervisory, Inspection, architectural additional insured; or engineering activities. 2. The acts or omissions of those acting on your behalf in the performance of your 2. °Bodily injury' or "property damage° ongoing operations for the additional in- arising out of °your work° for which a sured;or consolidated (wrap-up) insurance pro- gram has been provided by the prime 3. "Your work° performed for the additional contractor/project manager or owner of insured and included in the "products- the construction project in which you are completed operations hazard. involved. If not specified otherwise in the written con- 3. °Bodily injury°, °property damage° or tract or agreement, a person's or organize- °personal and advertising injury° to any lion's status as an additional insured under employee of you or to any obligation of this endorsement ends one year after your the additional insured to indemnity an- operations for that additional insured are other because of damages arising out of completed. The written contract or agreement such Injury. must be currently in effect or become effective during the term of this Coverage Part. The 4. "Bodily injury°, °property damage" or contract or agreement must be executed prior "personal and advertising injury° for to the °bodily Injury", "property damage° or which the Named insured is afforded no °personal and advertising Injury° to which this coverage under this policy of insurance. endorsement pertains. C. With respect to the Insurance afforded to B. With respect to the insurance afforded to these additional insureds,SECTION III-LIM- these additional insureds, the following adds- ITS OF INSURANCE is amended to include: tional exclusions apply: The limits applicable to the additional insured This insurance does not apply to: are those specified in the written contract or agreement or In the Declarations of this Cov- erage overage Part, whichever is less. If no limits are Includes copyrighted material of ISO CSGA 437 11 08 Properties,Inc.,with its permission. Page 1 of 2 0 specified In the written contract or agreement, Any coverage provided herein will be excess the limits applicable to the additional insured over any other valid and collectible insurance are those specified In the Declarations of this available to the additional insured whether Coverage Part. The limits of insurance are In- primary, excess, contingent or on any other clusive of and not In addition to the limits of basis unless you have agreed In a written insurance shown in the Declarations. contract or written agreement executed prior D. With respect to the insurance afforded to to any loss that this Insurance will be primary. PThis insurance will be noncontributory only if these .additional insureds, SECTION IV - you have so agreed in a written contract or COMMERCIAL GENERAL LIABILITY CON- written agreement executed prior to any loss DITIONS, 4. Other Insurance is amended to and this coverage Is determined to be pri- include: mary. Includes copyrighted material of ISO CSGA 437 11 08 Properties,Inc.,with its permission. Page 2 of 2 } COMMERCIAL GENERAL LIABILITY CSGA 4087 12 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - PER CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8.Transfer of Rights of Recovery Against Others to Us of SECTION IV-CONDITIONS: If you have agreed, in a written contract or agreement, to provide a waiver of any right of recovery against a person or organization, we will waive any right of recovery we may have against that person or organization 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". Thiswaiver applies only to that person or organization for which you have agreed to in a written contract to provide said waiver. Includes copyrighted material of Insurance CSGA 4087 12 12 Services Office, Inc.,with its permission. Page 1 of 1 •i 7/7/2016 PROSSER&SONS Home Espanol Contact Search L&I A-'G Index. Help My Uzi Safety&Health Claims&Insurance Workplace Rights Trades&Licensing Washington State Department of Labor & Industries PROSSER& SONS Owner or tradesperson 5544 N DRUMHELLER SPOKANE,WA 99205 Principals 509-326-4907 PROSSER, GLEN R,OWNER SPOKANE County Doing business as PROSSER&SONS WA UBI No. Business type 600 498 907 Individual Governing persons GLEN R PROSSER MICHELE M PROSSER; 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. PROSSS*997LK Effective—expiration 06112/2001—12/07/2016 Bond ................. TRAVELERS CAS&SURETY CO $12,000.00 Bond account no. 104169570 Received by L&I Effective date 09/29/2003 09/26/2003 Expiration date Until Canceled Insurance ............................... Cincinnati Specialty Underwrit $1,000,000.00 Policy no. csu0014847 Received by L&I Effective date 10/08/2015 11/25/2011 Expiration date 11/25/2016 Insurance history Savings No savings accounts during the previous 6 year period. Lawsuits against the bond or savings No lawsuits against the bond or savings accounts during the previous 6 year period. https://secure.lni.wa.gov/verify/Detai I.aspx?U BI=600498907&LIC=PROSSS*997LK&SAW=False 1/2 7/7/2016 PROSSER&SONS L&I Tax debts 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. 992,607-00 Doing business as PROSSER&SONS Estimated workers reported Quarter 1 of Year 2016"Less than 1 Workers" L&I account representative TO/KRISTI LINN(360)902-4620-Email:LINB235tIni.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. ©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/Detai I.aspx?U BI=600498907&LIC=PROSSS*997LK&SAW=False 2/2