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17-048.00 Land Expressions: Edgecliff Park Splash Pad CONSTRUCTION AGREEMENT Land Expressions LLC 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 Land Expressions LLC,("Contractor") jointly referred to as the"Parties". IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1. Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies,and equipment and other items necessary for the construction and completion of the Edgecliff Park Splash Pad 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 to the City's satisfaction, provided for in the Contract Documents, 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 within the times specified in the Contract Documents, as may be extended in accordance with this Agreement and the Contract Documents. 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$67,589.80 Base Bid and $2,710.53 Alternate 1, plus Washington State Sales Tax of$6,186.43,for a total of$76,486.76,based on the bid submitted by Contractor (Exhibit B), and as may be adjusted in accordance with the Contract Documents. Construction Agreement Page 1 of 7 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 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: Land Expressions LLC Phone: (509)921-1000 Phone: (509)466-6683 Address: 11707 East Sprague Ave., Suite 106 Address: 5615 E. Day Mt. Spokane Road Spokane Valley,WA 99206 Mead,WA 99021 (After September 1,2017: 10210 East Sprague Avenue Spokane Valley,WA 99206) 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 Construction Agreement Page 2 of 7 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. 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/prvWagelookup.aspx B. This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids and as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the 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. Construction Agreement Page 3 of 7 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 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. Construction Agreement Page 4 of 7 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 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:VH. 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. Construction Agreement Page 5 of 7 Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation,or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 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 Construction Agreement Page 6 of 7 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. 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: A. Scope of Work and Cost Statement C. Insurance Endorsements The Parties have executed this Agreement this 1--0 ' day of April,2017. CITY'OF SPOKANE VALLEY: Contract' AW\k— CJ1 — Mark ,.4,,-t--_...._____ Calhoun,City Manager Its: Authorized Representative ATTES j r di Christine Bainbridge, City Clerk APPROVED AS TO FORM: t>. / Office he City • ey Construction Agreement Page 7 of 7 EOGECLIFF PARK SPLASH PAD CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT PART 3 - t3Ib RESPONSE DOCUMENTS BID PROPOSAL PRO)ECTTITLE: Edgecliff Park Splash Pad NAME OF FIRM SUBMITTING BID: Land Expressions LLC Each bid shall constitute an offer to the City of Spokane Valley as outlined herein arid no bidder may withdraw his bid after thehour set for the bid cipsing except under the conditions explained in the Inforniation to Bidders Section. RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda: Addendum"No. ' Date Addendum NO., Date 111 03/29/2017 REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities In bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TIME TO COMPLETE: The work related to the Edgecliff Park splash Pad will be Substantially Completed by May 26, 2017. BID IS NOT ELIGIBLE FOR C=ONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu of furnishing a Contractor's Bond (Performance and Payment Bond). SUBCONTRACTORS LIST: See Special Conditions SUBMITTAL: The "Bid Response Documents"Section constitutes the Bid Proposal When completed and submitted. Please do not submit the entire Invitation to Bid manual. FREIGHT: Bid price(s) to Include ail freight costs to the job site. Person/Entity Name:-David Nelson/Land ExpreSsionsSignature Of Bidder• Part 3 - Bid Response Documents Page III EDGECLIFP PARK SPLASH PAD CITY OF SPOKANE VALLEY PARK,S AND RECREATION DEPARTMENT Edgecliff Park Splash Pad *- One Splash Pad As identified in the Construction Documents plans and details. I. Demolition, excavation,.grading, layout, splash pad`installation, drainage equipment installation, tod placement and chahges to irrigation System. 13ASESID = $ 67,589.80 8.7% SALES TAX = $ 5,820.31 TOTAL BASE 8ID = $73,470-11 Edgecliff Park Splash Pad — Alternate #1 As identified in the Construction Documents plans and details. 1. Integral Concrete Coloring ALTERNATE #1 = $ 2,710.53 8.7%SALES TAX = $235.82 TOTAL ALTERNATE #1 = $2,946.35 BID SUMMARY TOTAL BASE BID= $73,470.11 fi TOTAL ALTERNATE #1= $42,946¢35 GRAND TOTAL = $76,416.46 Person/Entity Name:David Nelson/Land Expressions Signature Of6idder4/111A. 1 Part 3 - Bid Response Documents Page IV EDGECUFF PARK SPLASH PAD 'CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT REPRESENTATIONS AND CERTIFICATIONS ANTI-KICKBACK No Officer or employee of the City Of Spokane Valley, having the power or duty to perform an official act or action related to this submittal, shall have or acquire any interest in this submittal, or have solicited, accepted or granted a present or future.gift, favor, service, or other thing of value from or to any person involvedin this submittal. REPRESENTATION: In submitting this bid we represent that the bid'documents have been read and understood, that the site has been visited and or that We have famiiiariled ourselves With the local conditions under-which the work Is to be performed, that by signature of this proposal we acknowledge all requirements and that we have signed all certificates contained herein. • REPRESENTATION: In submitting this bid we acknowledge the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. I CERTIFY that no final determination of violation of RCW 50.1.2.07O(1)(b), 50.16.07Q(1)(b), or 82.32.07B(1)(b) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the opening of this,bid. I understand further that no bid may be submitted, Considered or contract awarded for a public work to any person or-entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid opening, I CERTIFY that to the best of my knowledge the information cocntain€d in this proposal is accurate and complete and that I'have the legal authority to commit this Firm to a contractual agreement. I realize the final funding for ahy service is based upon budget levels and the approval of the City of Spokane Valleys °Name: David In La a E •ressiona Person/ submitting bid (print) Signature: Title: u Date: 3-31 Part 3 - Bid Response Documents Page V This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley ED` CLIFF PA K SPLASN;pAO Municipal Code (SVMC) 2.75.080; and obtain judicial review CITY OF SPOKANE VALLEY PARKS AND RECREATION DEPARTMENT pursuant to RCW 42.56.550. BIDDER'S ADMINISTRATIVE INFORMATION 1. PERSON/ENTITY a, Name as registered with the State Of Washington: Lend Expressions LLC b. Physic41 Address: 561.5 E Day Mt Spokane Rd, Mead, WA 89021 c. Mailing Address including zip rode:5615 E Day 'Mt Spokane Rd, t1ead, 14A 39,9021 d. Remit To Address including zip coder 5615 E Day Mt Spokane Rd, Mead, WA 99021 e. Telephone number inciuding area code: 509-466-6683 f. Fax number in1Uding area code: 50-466-7634 g.'E-mail address for 1Duslne59 correspondence: info 1andexpreesions.com b. Washington State ContraCtors License Number: LANDELL044cb 1. Federal Tax Identification Number:, REDACTED j. Washington State U131 Number: 601679559 k. State Industrial Account Identification Number:513,877-02 2. INSURANCE COMPANY; a. Name Of company: 13K-.YET Insurance b. flailing Address including zip code:990 W Riverside, Ste 510, Spokane, WA 99201 c. Insurance Agent Name: josh Tyndell d. Insurance Agent Telephone number including area code: 509-319-2904 e. Insurance Agent Fax number including area code: 509-319-2930 3. BONDING COMPANY: a. Surety Name: Nationwide Mutual Insurance Company b. Surety Mailing Address including zip code:9380 station St, Ste i.00, Lone Tree, CO 8.0124 c. Bonding Agent Name: Erin Repp d. Bonding Agent Mailing Address including zip code:999 Ot Riverside, Ste 51,0, Spokane, WA 99201 e. Bonding Agent Telephone number including area code: 509-319-2903 f. Bonding Agent Fax nunber ittclUding area code:509-`319-2930 Part 3 - Bid Response Documents Page VI i r \llittft Spokane . isOOvazl . BOND NO: BD749536 CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Land Expressions LLC (Contractor), as Principal,a contract for the construction of the project designated as Edgecliff Park Splash Pad,Project No. 17-048.00 in Spokane Valley,Washington,and said Principal is required under the terms of the Contract to furnish a performance bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Nationwide Mutual Insurance Company (Surety), a corporation, organized under the laws of Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 76,416.46 total Contract amount(including Washington State sales tax), subject to the provisions herein. This performance bond shall become null and void,if and when the Principal,its heirs,executors,administrators,successors, or assigns shall well and faithfully perform all of the Principal's obligations under the Contract and fulfill all the terms and conditions of all duly authorized modifications, additions, and changes to said Contract that may hereafter be made, at the time and in the manner therein specified;shall warranty the work as provided in the Contract and shall indemnify and hold harmless the Obligee from any defects in the workmanship and materials incorporated into the work for the period identified in the Contract;and if such performance obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed.The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers.This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. .. - - PRINC;• ' (CONTRACTOR) Land Expressions,LLC v ��;Ty Nationwi� M -7 s rari'ce Conipan i 5/1/2017 , . .,.., , / / /J 2O1,' pgnature Date Surety Signature '? _ _Date btlAI lc1 NL1S Diana R.Williams Printed Name Printed Name Qwy•t( Attorney-in-Fact • Title Title Name,address,and telephone of local office/agent of Surety Company is: BK-JET Group,LLC 999 W.Riverside Avenue,Suite 510,Spokane,WA 99201 (509)319-2901 Updated 1.14.2013 l Spokane .000Valley• BD749536 BOND NO: CONTRACTOR'S PAYMENT BOND(NON-FEDERALLY FUNDED PROJECT) to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Land Expressions LLC (Contractor), as Principal,a contract for the construction of the project designated as)d¢ecliff Park Splash Pad,Project No. 17-048.00 in Spokane Valley, Washington, and said Principal is required under the terms of the Contract to furnish a payment bond in accordance with chapter 39.08 Revised Code of Washington(RCW). The Principal, and Nationwide Mutual Insurance Company (Surety), a corporation organized under the laws Ohio and licensed to do business in the State of Washington as surety and named in the current list of"Surety Companies Acceptable in Federal Bonds"as published in the Federal Register by the Audit Staff Bureau of Accounts,U.S.Treasury Dept.,are jointly and severally held and firmly bound to the City of Spokane Valley,as Obligee,in the sum of$ 76,416.46 total Contract amount (including Washington State sales tax), subject to the provisions herein. This payment bond shall become null and void,if and when the Principal, its heirs,executors,administrators, successors,or assigns shall pay all persons in accordance with chapters 39.08 and 39.12 RCW,including all workers, laborers,mechanics, subcontractors, and materialmen, and all persons who shall supply such contractor or subcontractor with provisions and supplies for the carrying on of such work;and shall indemnify and hold harmless the Obligee from all loss, cost or damage which Obligee may suffer by reason of the failure of Principal to make such required payments; and if such payment obligations have not been fulfilled,this bond shall remain in full force and effect. The Surety for value received agrees that no change,extension of time,alteration or addition to the terms of the Contract,the specifications accompanying the Contract, or to the work to be performed under the Contract shall in any way affect its obligation on this bond,except as provided herein,and waives notice of any change,extension of time,alteration or addition to the terms of the Contract or the work performed. The Surety agrees that modifications and changes to the terms and conditions of the Contract that increase the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this bond and notice to Surety is not required for such increased obligation. This bond may be executed in two original counterparts, and shall be signed by the parties' duly authorized officers. This bond will only be accepted if it is accompanied by a fully executed and original power of attorney for the officer executing on behalf of the surety. ,< PRINC i; CONTRACTOR)Land Expressions,LLC S •, i:TY Nation j t k: urapce'Co i tri • �/ _ 5/1/2017 - `+ ��I��5/ r �� ii 1 /=•ulI Pr'pa lature Date Surety Signature Or " ' - Date ' =•" lj &WSW Diana R.Williams _,} ,'-:� Printed Name Printed Name s` =i N. O1,3Yl•Pii' Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: BK-JET Group,LLC 999 W.Riverside Avenue,Suite 510,Spokane,WA 99201 (509)319-2901 Updated 1.14.2013 6 Nationwide Power of Attorney. KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company,an Ohio corporation AMCO insurance Company,an Iowa corporation National Casualty Company,an Ohio corporation Allied Property and Casualty Insurance Company,an Iowa corporation hereinafter referred to severally as the"Company"and collectively as"the Companies'does hereby make,constitute and appoint: ERIN L.REPP KATHY GURLEY H.KEITH MCNALLY WILLIAM G.DINNEEN • CHRIS CARSON DIANA R.WILLIAMS VIRGINIA L.WEBER each in their individual capacity,its true and lawful attomey-in-fact,with full power and authority to sign,seal,and execute on its behalf any and all bonds and undertakings,and other obligatory instruments of similar nature,in penalties not exceeding the sum of FIVE MILLION AND NO/100 DOLLARS $5,000,000.00 and to bind the Company thereby,as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company;and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power•af attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: . 'RESOLVED,that the president,or any vice president be.and each hereby is,authorized and empowered to appoint attorneys-in-fact of the Company, hnd to authorize them to execute and deliver an behalf of the Company any and all bonds,forms,applications,memorandums,undertakings, recognizances,transfers,contracts of indemnity,policies,contracts guaranteeing the fidelity of persons holding positions of public or private trust,and other writings obligatory In nature that the business of the Company may require;and to modify or revoke,with or without cause,any such appointment or authority;provided,however,that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER,that such attorneys-In-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them,and to affix the seal of the Company thereto;provided,however,that said seal shall not be necessary for the validity of any such documents.' This power of attorney is signed and seated under and by the following bylaws duty adopted by the board of directors of the Company. Execution of Inr;truments.Any vice president,any assistant secretary or any assistant treasurer shall have the power.and authority to sign or attest all approved documents,instruments,contracts,or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief ekecttive officer,president,treasurer or secretary;provided,however,the signature of any of them may be printed,engraved,or stamped on any approved document,contract,instrument,or other papers of the Company. . 1N WITNESS WHEREOF,the Company has caused this instrument to a sealed nd duly attested by the signature of its officer the 16th day of February , 2017 . • 11:11k>, .r�►♦ffAntonio C.Albanese, Vice president of Nationwide Mutual Insurance Company, National ' Are' '`•• -.. Casualty Company,AMCO insurance Company,Allied Property and Casualty insurance Company i , t0ti�trl! •SEAL ;*SEAL 0 ACKNOWLEDGMENT tur•.na: .'•., STATE OF NEW YORK,COUNTY OF NEW YORK:ss 14 �`r4itiijl5�+ A' 4- •On this 1�th day of February , 2017 ,before me came the above-named officer for the ��` r'll. Company aforesaid,tome personally known to bathe officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sip , ur+4011kW4\ sworn,deposes and says,that he is the officer of the Company aforesaid,that the seal affixed to � o *otit?' une, .+ hereto is the corporate seal of said Company,and the said corporate seal and his signature were o*, 194 /rte: duly affixed and subscribed to said instrument y the authority and direction of said Company. Y .%, � S1J1�: i BARRY T.BASSIS `% /I 1J �' • ..‘ *, SEM. V '•..• *,�' Notary Public,State of New York 1' tiaWosta °hili to No.02BA4656400 ��uo� 0 %k Quailed in New York County Notary Public Commission Expires April 30,2019 My Commission Expires _ CERTIFICATE April ao,sore I,Paras.H_,Stla LA islanft.Secretary of the Company,do hereby certify that the foregoing is a full,true and correct copy of the original power of attorney issued by tlle'Cofnpany thetfhe RAJution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has nom itri revoked or am6t if d frg any manner;that said Antonio C.Albanese was on the date of the execution of the foregoing power of attorney the duly elected of cp-pithe Company,arid'tuie gorporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority of said board o1 dpector:v an?the fofegoing4ower of attorney is still in full force and effect. t1'ii j SS WHEREOF 1ha, rereunto subscribed my name as Assistant Secretary,and affixed the corporal: -- aid Company this 1st day,f Apr a 2017, . it This pd rof attptpby expire ;April 30,2019 ' -Jt .i, Assistant Secretary BDJ 1(01-17x10' 47012 • �..44 LANDEXP-03 KBREMER '4`�n• CERTIFICATE OF LIABILITY INSURANCE DATE 04 17/20117 04/17/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).TT PRODUCER NRMEACT BK-JET Group LLC (A"/c°°,No,Ext):(509)319-2901 I FAX No):(509)319-2920 999 W Riverside Avenue,Suite 510 Spokane,WA 99201 ADDE-MAILRESS:info@bkjet.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Regent Insurance Company 24449 INSURED INSURER B: Land Expressions,LLC INSURER C: 5615 E.Day Mt.Spokane Rd. INSURERD: Mead,WA 99021 INSURER E: INSURER F: • COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYL:IMM/DD/YYYY) LIMITS A X. COMMERCIAL GENERAL UABIUTY EACH OCCURRENCE $ 1,000,000 CUUMS-MADE X OCCUR X X CCI1284216 09/01/2016 09/01/2017 PREMISES(Ea ocaErrrencel $ 1,000,000 X WA STOP GAP/EMP LIABMED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1'000'000 GENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE j 2,000,000 1 POLICY. X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY (Ea a deDtSINGLE LIMIT $ 1,000,000 X ANY AUTO X X CBA1284216 09/01/2016 09/01/2017 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSRE� ONLY AUTOS BODILY ORINJURYp (Per accident) $ X AUTOS ONLY x loam (P err acEcR t)AMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 EXCESS LIAB CLAIMS-MADE CCU1295799 09/01/2016 09/01/2017 AGGREGATE $ 2'000'000 DED X RETENTION$ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ER ER PROPRIETOR/PARTNER/EXECUTIVEANY E.L EACH ACCIDENT $ (MPRtonlnNN/A E.L DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES`ACORD 101 Additional Remarks Schedule,may be attached If more space Is required) AS RESPECTS EDGECLIFF PARK SPLASH PAD-PROJECT NO.17-048.00 ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION TQ THE CITY OF SPOKANE VALLEY,ITS OFFICERS,AGENTS AND EMPLOYEES AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THIS INSURANCE CERTIFICATE. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN:CHRISTINE BAINBRIDGE ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E.SPRAGUE AVE,SUITE 106 SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVES I ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: CCI1284216 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed;or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 2010 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement;or Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: CCI1284216 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) • Or Organization(s) Location And Description Of Completed Operations • ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II —Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law;and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc.,2012 Page 1 of 1 CBA1284216 COMMERCIAL AUTO CA 79 10 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES IN COMMERCIAL AUTO COVERAGE FORM This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. BROADENED WHO IS AN INSURED (4) All reasonable expenses incurred by Paragraph A.1. Who Is an Insured of SECTION the "insured" at our request, including II — LIABILITY COVERAGE is amended to in- actual loss of earnings up to $500 a clude the following: day because of time off from work. d. Any "employee" of yours is an "insured" C. FELLOW EMPLOYEE COVERAGE while using a covered "auto" you don't Paragraph B.5. Fellow Employee Exclusion con- own, hire or borrow in your business or tained in SECTION II — LIABILITY COVERAGE your personal affairs. does not apply if the"bodily injury"results from the e. Any "employee" of yours is an "insured" use of a covered "auto"you own or hire that is not a bus, motorcycle or van used to transport em- while using an "auto" hired or rented un- der a contract or agreement in that "em- ployees. ployee's" name, with your permission, This Fellow Employee Coverage is excess over while performing duties related to the any other collectible insurance. conduct of your business. D. POLLUTION LIABILITY — BROADENED COV- f. Each person or Organization to whom you ERAGE FOR COVERED AUTOS are required by a written contract or 1. Liability Coverage is changed as follows: agreement to provide additional insured status is an "insured" under Liability Coy- a. Paragraph B.11.a. of the Pollution Ex- erage, but only to the extent that person clusion in SECTION ll — LIABILITY or organization qualifies as an "insured" COVERAGE applies only to liability as- under the Who is an Insured Provision sumed under a contract or agreement. contained in Section II of the coverage b. With respect to the coverage afforded by form. The written contract or agreement Paragraph 1.a.Above, Exclusion B.6. Care, must be in effect during the policy period Custody or Control of SECTION ll — shown in the Declarations and must have LIABILITY does not apply. been executed prior to the "bodily injury" 2. Changes in Definitions or"property damage." COVERAGE EXTENSIONS SUP- For the purposes of this endorsement, Para- B. LIABILITY ABILITY RY PAYMENTS graph D. of SECTION V — DEFINITIONS is replaced by the following: Paragraphs A.2.a. (2) and A.2.a. (4) Coverage D. "Covered pollution cost or expense" Extensions — Supplementary Payments of means any cost or expense arising out of: SECTION II — LIABILITY COVERAGE are de- leted and replaced with the following: 1. Any request, demand, order or statu- (2) Up to $5,000 for the cost of bail tory or regulatory requirement that bonds (including bonds for related any"insured" or others test for, moni- traffic law violations) required be- tor, clean up, remove, contain, treat, detoxify or neutralize, or in any way cause of an "accident" we cover. We dorespond to, or assess the effects of not have to furnish these bonds. "pollutants"; or Includes copyrighted material of Insurance Services Office, Inc., CA 7910 01 10 with its permission. Page 1 of 6 2. Any claim or "suit" by or on behalf of a 2. Unless you notify us to add coverage to your governmental authority for damages be- policy,the coverage under this provision is af- cause of testing for, monitoring, cleaning forded only until: up, removing, containing, treating, detoxi- a. The 120th day after you acquire or form Eying or neutralizing, or in any way re- the organization,or sponding to or assessing the effects of • "pollutants". b. The end of the policy period, whichever is "Covered pollution cost or expense" does not earlier. include any cost or expense arising out of the F. EXTENDED TOWING actual, alleged or threatened discharge, dis- Paragraph A.2.Towing of SECTION III—PHYS- persal, seepage, migration, release or escape ICAL DAMAGE COVERAGE is deleted and re- of"pollutants": placed with the following: a. Before the"pollutants"or any property We will pay for towing and labor costs each time a in which the"pollutants"are contained covered "auto" is disabled. All labor must be per- are moved from the place where they formed at the place of disablement. If the "auto"is are accepted by the "insured" for of the private passenger type, there will be no de- movement into or onto the covered ductible. If the "auto" is other than a private pas- "auto"; or senger type,a$100 deductible will apply. b. After the "pollutants" or any property The most we will pay under this EXTENDED in which the"pollutants"are contained TOWING coverage is$750 per occurrence. are moved from the covered"auto"to G. PHYSICAL DAMAGE COVERAGE the place where they are finally deliv- EXTENSIONS ered, disposed of or abandoned by the"insured". Paragraph A.4. —Coverage Extensions of SEC- Paragraphs a. and b. above do not apply TION III — PHYSICAL DAMAGE COVERAGE is amended as follows: to"accidents"that occur away from prem- ises owned by or rented to an "insured" a. Transportation Expenses with respect to "pollutants" not in or upon The amount we will pay for temporary a covered"auto"if: transportation expense is increased to (1) The"pollutants"or any property in $50 per day to a maximum of$3,000. which the "pollutants" are con- b. Loss of Use Expenses faired are upset, overturned or The amount we will pay for loss of use is damaged as a result of the main- tenance or use of a covered "au_ increased to $75 per day and to a maxi- to";and mum limit of$1,000. (2) The discharge, dispersal, seepage, H. RENTAL REIMBURSEMENT migration, release or escape of the 1. This coverage applies only to a covered"auto" "pollutants" is caused directly by described or designated in the Schedule or in such upset,overturn or damage. the Declarations as carrying physical damage This Pollution Liability Coverage is subject to an coverage. Annual Aggregate Limit of Liability of$100,000. 2. We will pay for rental reimbursement ex- E. NEWLY ACQUIRED OR FORMED penses incurred by 'you for the rental of an "auto" because of "loss" to a covered "auto". ORGANIZATIONS Payment applies in addition to the otherwise Throughout this policy,the words you and your also applicable amount of coverage you have on refer to any organization you newly acquire or form, each covered"auto". other than a partnership, joint venture or limited li- 3. We will pay only for those expenses incurred ability company, and over which you maintain own- during the policy period beginning 24 hours ership or majority interest, but only if there is no after the "loss" and ending, regardless of the similar insurance available to that organization. policy's expiration, with the lesser of the fol- However: lowing number of days: 1. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. Includes copyrighted material of Insurance Services Office, Inc., Page 2 of 6 with its permission. CA 79 10 01 10 CBA1284216 a. The number of days reasonably required 2. Exclusions to repair or replace the covered "auto". If The exclusions that apply to SECTION III — "loss" is caused by theft, this number of PHYSICAL DAMAGE, except for the exclu- days is added to the number of days it sion relating to Audio, Visual and Data Elec- takes to locate the covered"auto"and re- tronic Equipment, also apply to coverage pro- turn it to you; or vided by this endorsement. In addition,the fol- b. 30 days. lowing exclusions apply: 4. Our payment is limited to the lesser of the fol- We will not pay, under this endorsement,for ei- lowing amounts: ther any electronic equipment or accessories a. Necessary and actual expenses incurred; used with such electronic equipment that Is: • or a. Necessary for the normal operation of the b. $50 per day covered^"auto"��or the monitoring of the 5. This coverage does not apply while there are covered autos operating system; or spare or reserve "autos" available to you for b. Both: your operations. (1).An integral part of the same unit • 6. If "loss" results from the total theft of a cov- housing any sound reproducing ered "auto" of the private passenger type, we equipment designed solely for the re- will pay under this coverage only that amount production of sound if the sound re- of your rental reimbursement expenses which producing equipment is permanently is not already provided for under the para- installed in the covered"auto"; and graph A.4. Coverage Extensions in SECTION (2). Permanently installed in the opening Ill—PHYSICAL DAMAGE COVERAGE. of the dash or console normally used No Deductible applies to this coverage. by the manufacturer for the installa- • tion of a radio. I. AIRBAG COVERAGE 3. Limit Of Insurance Exclusion B.3. in SECTION III — PHYSICAL DAMAGE COVERAGE is amended to add: With respect to coverage under this en- dorsement, the Limit Of Insurance provision This exclusion does not apply to the accidental of SECTION III — PHYSICAL DAMAGE discharge of an airbag. COVERAGE is replaced by the following: J. AUDIO, VISUAL AND DATA ELECTRONIC a. The most we will pay for all "loss"to au- EQUIPMENT dio, visual or data electronic equipment 1. Coverage and any accessories used with this a. We will pay with respect to a covered"au- equipment as a result of any one "acci- to" described in the Schedule for"loss"to dent is the lesser of: any electronic equipment that receives or (1).The actual cash value of the dam- transmits audio,visual or data signals and aged or stolen property as of the time that is not designed solely for the repro- of the"loss"; duction of sound. This coverage applies (2).The cost of repairing or replacing the only if the equipment is permanently in- damaged or stolen property with other stalled in the covered "auto"at the time of property of like kind and quality; or the "loss" or the equipment is removable from a housing unit which is permanently (3). $1,500. installed in the covered "auto" at the time b. An adjustment for depreciation and physi- of the "loss", and such equipment is de- cal condition will be made in determining signed to be solely operated by use of the actual cash value at the time of the"loss". power from the "auto's" electrical system, c. If a repair or replacement results in better in or upon the covered"auto". than like kind or quality,we will not pay for b. We will pay with respect to a covered"au- the amount of betterment. to" described in the Schedule for "loss"to 4. Deductible any accessories used with the electronic equipment described in Paragraph 1.a. No deductible applies to this coverage. above. However, this does not include The insurance provided by this extension is ex- tapes, records or discs. cess over any other collectible insurance. Includes copyrighted material of Insurance Services Office, Inc., ?d CA 7910 01 10 with its permission. Page 3 of 6 K. TAPES,RECORDS AND DISCS COVERAGE 2. "Personal effects" as used in this extension Exclusion B.4.a. of SECTION III — PHYSICAL means tangible property that is worn or car- DAMAGE COVERAGE is deleted and replaced by tied by the "insured". "Personal effects" does the following: not include tools, jewelry, money, securities, radar or laser detectors, or tapes, records, a. Tapes, records, discs or other similar au- discs or similar audio,visual or data electronic dio, visual or data electronic devices de- equipment. signed for use with audio, visual or data No Deductible applies to this extension. electronic equipment except when the tapes, records, discs or other similar au- The insurance provided by this extension is ex- dio,visual or data electronic devices: cess over any other collectible insurance. (1) Are your property or that of a family N. LOAN/LEASE PAYOFF COVERAGE member, and The SECTION III — PHYSICAL DAMAGE COV- (2) Are in a covered "auto" at the time of ERAGE is amended by the addition of the following: "loss". In the event of a total "loss" to a covered "auto" (a).The most we will pay for"loss" is shown in the Declarations, we will pay any unpaid $200. No Physical Damage Coy- amount due on the lease or loan for a covered erage deductible applies to this "auto", less: coverage. 1. The amount paid under the Physical Damage This extension provides coverage only to a coy- Coverage Section of the policy; and ered"auto". 2. Any: L. PHYSICAL DAMAGE DEDUCTIBLE — SINGLE a. Overdue lease/loan payments at the time DEDUCTIBLE AND GLASS REPAIR of the"loss"; Paragraph D. Deductible in SECTION III — b. Financial penalties imposed under a lease PHYSICAL DAMAGE COVERAGE is deleted and for excessive use, abnormal wear and replaced by the following: tear or high mileage. D. Deductible c. Security deposits not returned by the For each covered "auto,"our obligation to pay lessor; for, repair, return or replace damaged or sto- d. Costs for extended warranties, Credit Life len property will be reduced by the applicable Insurance, Health, Accident or Disability deductible shown in the Declarations. Any Insurance purchased with the loan or Comprehensive Coverage deductible shown lease; and in the Declarations does not apply to "loss" caused by fire or lightning. e. Carry-over balances from previous loans When two or more covered "autos" sustain or leases. "loss" in the same occurrence, the total of all O. CUSTOM SIGNS AND DECORATIONS the "loss" for all the involved covered "autos" In the event of a total loss to a vehicle insured for will be reduced by a single deductible, which auto physical damage coverage on this policy, in will be the largest of all the deductibles apply- addition to the ACV of the vehicle, we will pay the ing to all such covered"autos." actual cost to repair or replace signage or custom No deductible applies to glass damage if the paint details up to$5,000. glass is repaired rather than replaced. P. HIRED AUTO PHYSICAL DAMAGE M. PERSONAL EFFECTS COVERAGE If hired "autos" are covered "autos" for Liability 1. If you purchase Comprehensive Coverage on Coverage and if Physical Damage Coverage of this policy for a stolen owned "auto", we will Comprehensive, Specified Causes of Loss, or pay up to $600 for "personal effects" stolen Collision are provided under this Coverage Form with the"auto". for any"auto"you own,then the Physical Damage Coverage's provided are extended to "autos" you hire of like kind and use subject to the following limit: The most we will pay for any one loss is the lesser of the following: 1. $50,000 per accident, Includes copyrighted material of Insurance Services Office, Inc., Page 4 of 6 with Its permission. CA 7910 01 10 CBA1284216 • 2. Actual Cash Value,or Any unintentional failure to disclose all exposures 3. The cost of repair. or hazards existing as of the effective date of the Business Auto Coverage Form or at any time dur- The deductible will be equal to the largest de- ing the policy period will not invalidate or adversely ductible applicable to any owned "auto" for that affect the coverage for such exposure or hazard. coverage. No deductible applies to "loss" caused However, you must report the undisclosed expo- by fire or lightning.This Hired Auto Physical Dam- sure or hazard to us as soon as reasonably pos- age coverage is excess over any other collectible sible after its discovery. insurance. Subject to the above limit, deductible T. EXTENDED EMPLOYEE HIRED AUTO PHYSI- and excess provisions, we will provide coverage CAL DAMAGE equal to the broadest coverage applicable to any covered"auto"you own. Paragraph B.5.b. Other Insurance of SECTION Q. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT IV—BUSINESS AUTO CONDITIONS is deleted OR LOSS and replaced by the following: Subparagraphs A.2.a. of SECTION IV — BUSI- b. For Hired Auto Physical Damage Cover- NESS AUTO CONDITIONS is deleted and re- age, the following are deemed to be cov- placed by: ered"autos"you own: a. In the event of "accident", claim, "suit" or 1. Any covered "auto" you lease, hire, "loss", you, your insurance manager or any rent or borrow; and other person you designate must give us or 2. Any covered "auto" hired or rented by our authorized representative prompt notice of your "employee" under a contract in such"accident"or"loss". Include: that individual "employee's" name, (1) How,�when and where the "accident" or wng h dut es our permission, while conduct of loss occurred; your business. (2) The"insured's"name and address; and However, any "auto" that is leased, hired, rented (3) To the extent possible, the names and or borrowed with a driver is not a covered"auto". addresses of any injured persons and U. POLICY PERIOD, COVERAGE TERRITORY witnesses. Knowledge of an "accident" or "loss" by your Paragraph B.7. Policy Period, Coverage Terri- agent, servant or"employee" shall not be consid- tory of SECTION IV— BUSINESS AUTO CON- ered knowledge by you unless you, your insur- DITIONS is deleted and replaced by: ance manager or any other person you designate 7. Policy Period, Coverage Territory has received notice of the "accident" or "loss" Under this Coverage Form, we cover "acci- from your agent,servant, or"employee." dents"and"losses"occurring: R. WAIVER OF SUBROGATION a. During the policy period shown in the SECTION IV — BUSINESS AUTO CONDI- Declarations;and TIONS— A. 5. Transfer of Rights of Recovery b. Within the coverage territory. Against Others to Us is amended as follows: This condition does not apply to any person or or- The coverage territory is: ganization to which you waived this condition by a. The United States of America; written contract or agreement, but only to the ex- b. The territories and possessions of the tent that subrogation is waived prior to the "acci- United States of America; dent"or"loss" under a contract with that person or c. Puerto Rico; organization. S. UNINTENTIONAL FAILURE TO DISCLOSE d. Canada; and HAZARDS e. Anywhere in the world if: Paragraph B.2. Concealment, Mlsrepresenta- (1) A covered "auto" is leased, hired, tion Or Fraud in SECTION IV — BUSINESS rented or borrowed for a period of 30 AUTO CONDITIONS is amended by adding the days or less; and following: Includes copyrighted material of Insurance Services Office, Inc., CA 7910 01 10 with its permission. Page 5 of 6 • (2) The "insured's" responsibility to pay V. DEFINITION OF BODILY INJURY AMENDED damages is determined in a "suit" on Paragraph C. of SECTION V — DEFINITIONS is the merits, in the United States of amended to include: America, the territories and posses- sions of the United States of America, "Bodily Injury" includes mental anguish or other Puerto Rico, or Canada or in a set- mental injury resulting from "bodily injury." How- tlement we agree to. ever, no coverage is provided for mental anguish or mental injury absent physical injury. We also coverautowhile eing transported between"loss"to,or"accidents"involving,a covered None of the extensions provided under this cover- any of these places. age endorsement apply if coverage is more spe- cifically identified elsewhere in the policy or en- dorsements,for which a premium charge is made or a higher limit is identified. Under no circum- stances is any limit provided under this extension to be combined with a limit provided elsewhere in the policy or endorsements. Includes copyrighted material of Insurance Services Office, Inc., Page 6 of 6 with its permission. CA 7910 01.10 • COMMERCIAL GENERAL LIABILITY CG 82 24 05 12 PREMIER GENERAL LIABILITY COVERAGE EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM A. REASONABLE FORCE (2) Assumed in a contract or agreement that is an"insured contract", provided the"bo- Paragraph 2.a. Expected or Intended Injury dily injury" or "property damage" occurs under COVERAGE A BODILY INJURY AND subsequent to the execution of the con- PROPERTY DAMAGE LIABILITY of SECTION I tract or agreement. — COVERAGES within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is C. NON OWNED WATERCRAFT replaced by: Paragraph 2.g.(2) in the Aircraft, Auto Or Wa- a. Expected or Intended Injury tercraft exclusion under COVERAGE A. BODILY "Bodily injury" or"property damage" expected INJURY AND PROPERTY DAMAGE LIABILITY or intended from the standpoint of the in- of SECTION I —COVERAGES within the COM- or Tdis exclusion h oes not apoto"bodi-einMERCIAL GENERAL LIABILITY COVERAGE ly injury" or "property damage" resulting from FORM is replaced by: the use of reasonable force to protect any g. Aircraft,Auto Or Watercraft person or property. (2) A watercraft you do not own that is: B. CONTRACTUAL LIABILITY (a) less than 75 feet long; and Paragraph 2.b. Contractual Liability under COVERAGE A. BODILY INJURY AND PROP- (b) Not being used to carry persons or ERTY DAMAGE LIABILITY of SECTION I — property for a charge. COVERAGES within the COMMERCIAL GEN- D. ELECTRONIC DATA LIABILITY ERAL LIABILITY COVERAGE FORM is replaced 1. Paragraph 2.p. Electronic Data under COV- by: ERAGE A.BODILY INJURY AND PROPERTY b. Contractual Liability DAMAGE LIABILITY of SECTION I—COVE- "Bodily injury" or"property damage" for which RAGES within the COMMERCIAL GENERAL the insured is obligated to pay damages by LIABILITY COVERAGE FORM is replaced by: reason of the assumption of liability in a con- p. Electronic Data tract or agreement. This exclusion does not Damages arising out of the loss of, loss of apply to liability for damages: use of, damage to, corruption of, inability (1) That the insured would have had in the to access, or inability to manipulate"elec- absence of the contract or agreement; or tronic data" that does not result from physical injury to tangible property. However, this exclusion does not apply to liability for damages because of "bodily injury". CG 82 24 0512 Includes copyrighted material of Insurance Services Office, Inc., u�l with its permission. Page 1 of 6 2. The following definition is added to SEC- 2. Paragraph 6. of SECTION III — LIMITS OF TION V—DEFINITIONS: INSURANCE within the COMMERCIAL "Electronic data" means information, facts or GENERAL LIABLITY COVERAGE FORM is programs stored as or on, created or used on, replaced by: or transmitted to or from computer software, 6. Subject to Paragraph 5. above, the Dam- hard or floppy disks, CD-ROMS, tapes, age To Premises Rented To You Limit is drives, cells, data processing devices or any the most we'will pay in any one event un- other media which are used with electronically der COVERAGE A. BODILY INJURY controlled equipment. AND PROPERTY DAMAGE for damages because of "property damage" from fire; 3. For purposes of the coverage provided for "Electronic Data", Paragraph 17. in SEC- smoke from a "hostile fire"; explosion; V—DEFINITIONS is replaced by: lightning; smoke resulting from such ex- TION plosion or lightning; collision by "mobile 17. "Property damage"means: equipment"or leakage from fire protection systems to premises while rented to you a. Physical injury to tangible property, or temporarily occupied by you with per- including all resulting loss of use of mission of the owner. that property. All such loss of use shall be deemed to occur at the time F. MEDICAL PAYMENTS of the physical injury that caused it; or 1. Paragraph 1.a. under COVERAGE b. Loss of use of tangible property that C.MEDICAL PAYMENTS of SECTION I — is not physically injured. All such loss COVERAGES within the COMMERCIAL of use shall be deemed to occur at GENERAL LIABILITY COVERAGE FORM is the time of the "occurrence" that replaced by: caused it;or 1. Insuring Agreement c. Loss of, loss of use of, damage to, a. We will pay medical expenses as de- corruption of, inability to access, or scribed below for "bodily injury" inability to properly manipulate "elec- caused by an accident: tronic data", resulting from physical injury to tangible property. All such (1) On premises you own or rent; loss of "electronic data" shall be (2) On ways next to premises you deemed to occur at the time of the own or rent; or "occurrence"that caused it. For purposes of this insurance, "electron- (3) Because of your operations: is data"is not tangible property. Provided that: E. DAMAGE TO PREMISES RENTED TO YOU (a) The accident takes place in 1. The last paragraph after the listed exclusions the "coverage territory" and under COVERAGE A.BODILY INJURY AND during the policy period; PROPERTY DAMAGE LIABILITY of SEC- (b) The expenses are incurred TION I — COVERAGES within the COM- and reported to us within MERCIAL GENERAL LIABILITY COVER- three years of the date of the AGE FORM is replaced by: accident; and Exclusions c. through n. do not apply to (c) The injured person submits to "property damage" by fire; smoke from a examination, at our expense, "hostile fire"; explosion; lightning; smoke re- by physicians of our choice suiting from such explosion or lightning; colli- as often as we reasonable sion by "mobile equipment" or leakage from require. fire protection systems to premises while G.SUPPLEMENTARY PAYMENTS rented to you or temporarily occupied by you with permission of the owner.A separate limit SUPPLEMENTARY PAYMENTS — COVERAG- of insurance applies to this coverage as de- ES A AND B of SECTION I COVERAGES within scribed in SECTION III — LIMITS OF IN- the COMMERCIAL GENERAL LIABILITY COV- SURANCE. ERAGE FORM is replaced by: Includes copyrighted material of Insurance Services Office, Inc., CG 82 24 05 12 Page 2 of 6 with its permission. 1. We will pay, with respect to any claim we c. The obligation to defend, or the cost of investigate or settle, or any "suit" against an the defense of, that indemnitee, has also insured we defend: been assumed by the insured in the same a. All expenses we incur. "insured contract"; b. Up to $5,000 for cost of bail bonds re- d. The allegations in the "suit" and the in- formation we know about theoccur- quired because of accidents or traffic law violations arising out of the use of any rence" are such that no conflict appears to exist between the interests of the in- vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- sured and the interests of the indemnitee; nish these bonds. e. The indemnitee and the insured ask us to The cost of bonds to release attach- conduct and control the defense of that in- c. demnitee against such"suit"and agree that ments, but only for bond amounts within the applicable limit of insurance. We do we can assign the same counsel to defend the insured and the indemnitee;and have to furnish these bonds. d. All reasonable expenses incurred by the f. The indemnitee: insured at our request to assist us in the (1) Agrees in writing to: investigation or defense of the claim or (a) Cooperate with us in the investi- "suit", including actual loss of earnings up gation, settlement or defense of to $500 a day because of time off from the"suit"; work. e. All costs taxed against the "insured" in (b) Immediately send us copies of "suit". any demands, notices, sum- anymonses or legal papers received f. Prejudgment interest awarded against the in connection with the"suit"; insured on that part of the judgment we (c) Notify any other insurer whose pay. If we make an offer to pay the appli- coverage is available to the in- cable limit of insurance, we will not pay demnitee; and any prejudgment interest based on that period of time after the offer. (d) Cooperate with us with respect g. All interest on the full amount of any to coordinating other applicable judgment that accrues after entry of the insurance available to the in- judgment and before we have paid, of- fered demnitee; and to pay, or deposited in court the part (2) Provides us with written authoriza- of the judgment that is within the applica- tion to: ble limit of insurance. (a) Obtain records and other infor- These payments will not reduce the limits of mation related to the"suit"; and insurance. (b) Conduct and control the defense 2. If we defend an insured against a"suit" and an of the indemnitee in such"suit". indemnitee of the insured is also named as a , party to the "suit", we will defend that indemni- Our obligation to defend an insureds in- tee if all of the following conditions are met: demnitee and to pay for attorneys' fees and necessary litigation expenses as a. The "suit" against the indemnitee seeks Supplementary Payments ends when we damages for which the insured has as- have used up the applicable limit of in- sumed the liability of the indemnitee in a surance in the payment of judgments or contract or agreement that is an "insured settlements or the conditions set forth contract"; above, or the terms of the agreement de- b. This insurance applies to such liability as- scribed in Paragraph f. above, are no sumed by the insured; longer met. • CG 82 24 0512 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 • H. FELLOW EMPLOYEE COVERAGE — SUPERVI- The following is added to Paragraph 2. Duties In SOL OR HIGHER The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV—COMMERCIAL GENERAL Paragraph 2.a.(1) of SECTION II —WHO IS AN LIABILITY CONDITIONS within the COMMER- INSURED within the COMMERCIAL GENERAL CIAL GENERAL LIABILITY COVERAGE FORM: LIABILITY COVERAGE FORM does not apply to Knowledge of an "occurrence", offense, claim or the following: "suit" by your agent, servant or "employee" shall Your supervisory or management"employees"for not be considered knowledge by you unless you, "bodily injury"only. your insurance manager or any other person you designate has received notice of the "occur- Damages owed to an injured co-"employee" or rence", offense, claim or "suit" from your agent, "volunteer worker"will be reduced by any amount servant,or"employee." paid or available to the injured co-"employee" or "volunteer worker" under any other valid and M.OTHER INSURANCE collectible insurance. Paragraph 4.b.(1)(a) in the Other Insurance I. NEWLY ACQUIRED ORGANIZATIONS condition of SECTION IV — COMMERCIAL Paragraph 3.a. of SECTION II — WHO IS AN GENERAL LIABILITY CONDITIONS within the COMMERCIAL GENERAL LIABILITY COVER- INSURED within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: • AGE FORM is replaced by: a. Coverage under this provision is afforded only 4. Other Insurance until the end of the current policy period. b. Excess Insurance J. BROAD FORM NAMED INSURED (1) This insurance is excess over: The following is added to SECTION II—WHO IS (a) any of the other insurance, AN INSURED within the COMMERCIAL GEN- whether primary, excess, contin- ERAL LIABILITY COVERAGE FORM: gent or on any other basis: Throughout this policy the words "you" and "your" (i) That is Fire, Extended Cov- refer to any corporation or other business organiza- erage, Builders Risk; Installa- tion, other than a joint venture, in which the first tion Risk or similar coverage Named Insured has or acquires during the policy for"your work"; period an ownership interest of more than 50%and is (II) That is insurance covering subject to the management control of the first Named Fire; smoke from a "hostile Insured or its subsidiaries, and which is domiciled fire"; explosion; lightning; within the United States of America or its territories or smoke resulting from such possessions. explosion or lightning; colli- K. AMENDMENT OF AGGREGATE LIMIT OF sion by "mobile equipment" INSURANCE or leakage from fire protec- The General Aggregate Limit Of Insurance refe- tion systems for premises renced in Paragraph 2.of SECTION III—LIMITS while rented to you or tempo- OF INSURANCE within the COMMERCIAL rarity occupied by you with GENERAL LIABILITY COVERAGE FORM permission of the owner; or applies separately to: (iii)That is insurance to cover your 1. Each of your "locations" owned by or rented liability as a tenant for"proper- ty le to you; and rented toe1you" to porrtemporariises ily 2. Each of your projects away from premises occupied by you with permis- owned by or rented to you. sion of the owner;or "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway,waterway or right-of-way of a railroad. L. KNOWLEDGE OF OCCURRENCE Includes copyrighted material of Insurance Services Office, Inc., CG 82 24 0512 Page 4 of 6 with its permission. (iv) If the loss arises out of the P. LIMITED WORLDWIDE LIABILITY COVERAGE maintenance or use of aircraft, The following is added to SECTION IV — "autos", or watercraft to the CONDITIONS within the COMMERCIAL GEN- extent not subject to Para- ERAL LIABILITY COVERAGE FORM: graph 2.g. Aircraft, Auto Or Expanded Coverage Territory Watercraft under COVER- AGE A.BODILY INJURY 1. If a"suit" is brought in a part of the"coverage AND PROPERTY DAMAGE territory" that is outside the United States of LIABILITY of SECTION I – America (including its territories and posses- COVERAGES within the sions), Puerto Rico or Canada, and we are COMMERCIAL GENERAL prevented by law, or otherwise, from defend- LIABILITY COVERAGE ing the insured, the insured will initiate a de- FORM. fense of the "suit". We will reimburse the N. UNINTENTIONAL FAILURE TO DISCLOSE in- sured, under Supplementary Payments, for HAZARDS any reasonable and necessary expenses in- curred for the defense of a "suit" seeking The following is added to Paragraph • damages to which this insurance applies, that 6. Representations of SECTION IV — COM- we would have paid had we been able to ex- MERCIAL GENERAL LIABILITY CONDITIONS ercise our right and duty to defend. within the COMMERCIAL GENERAL LIABILITY If the insured becomes legally obligated to COVERAGE FORM: pay sums because of damages to which this Any unintentional failure to disclose all exposures insurance applies in a part of the "coverage or hazards existing as of the effective date of the territory" that is outside the United States of Commercial General Liability Coverage Form or America (including its territories and posses- at any time during the policy period will not invali- sions), Puerto Rico or Canada, and we are date or adversely affect the coverage for such prevented by law, or otherwise, from paying exposure or hazard. However, you must report such sums on the insured's behalf, we will the undisclosed exposure or hazard to us as soon reimburse the insured for such sums. as reasonably possible after the exposure or 2. All payments or reimbursements we make for hazard is discovered. damages because of judgments or settle- O.WAIVER OF SUBROGATION ments will be made in U.S. currency at the The following is added to Paragraph 8.Transfer Of prevailing exchange rate at the time the in- Rights Of Recovery Against Others To Us of sured became legally obligated to pay such sums. All payments or reimbursements we SECTION IV — COMMERCIAL GENERAL make for expenses under Supplementary LIABILITY CONDITIONS within the COMMER- CIAL GENERAL LIABILITY COVERAGE FORM: Payments will be made in U.S. currency at the prevailing exchange rate at the time the This condition does not apply to any person or expenses were incurred. organization to which you waived this condition by 3. Any disputes between you and us as to written contract or agreement, but only to the whether there is coverage under this policy extent that subrogation is waived prior to the must be filed in the courts of the United "bodily injury" or "property damage" under a States of America (including its territories and contract with that person or organization. possessions), Puerto Rico or Canada. 4. The insured must fully maintain any coverage required by law, regulation or other governmen- tal authority during the policy period, except for reduction of the aggregate limits due to pay- ments of claims,judgments or settlements. Failure to maintain such coverage required by law, regulation or other governmental authori- ty will not invalidate this insurance. However, this insurance will apply as if the required coverage by law, regulation or other govern- mental authority was in full effect. CG 82 24 0512 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 • For purposes of this coverage only, the following S. LIBERALIZATION is added to Paragraph 4.b.(1)(a) under Other If we revise this endorsement to provide more Insurance of SECTION IV — COMMERCIAL coverage without additional premium charge, your GENERAL LIABILITY CONDITIONS within the policy will automatically provide the coverage as COMMERCIAL GENERAL LIABILITY COVER- of the day the revision is effective in your state. AGE FORM: If the insured's liability to pay damages is determined in a "suit" brought outside the United T. GOOD SAMARITAN SERVICES States of America (including its territories and 1. Under SECTION II —WHO IS AN INSURED, possessions), Puerto Rico or Canada; or paragraph 2.d.,the following is added: That is coverage required by law, regulation or This exclusion does not apply to your employees other governmental authority in a part of the or volunteer workers, other than an employed or "coverage territory" that is outside the United volunteer physician, rendering "Good Samaritan States of America (including its territories and services". possessions), Puerto Rico or Canada. For purposes of this coverage only, Paragraph 4. 2. The following definition is added to SECTION V—DEFINITIONS: of SECTION V — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVER- "Good Samaritan services" means any emergen- AGE FORM is replaced by: cy medical services for which no compensation is 4. "Coverage territory" means anywhere in the demanded or received. world with the exception of any country or ju- risdiction which is subject to trade or other economic sanction or embargo by the United States of America. Q. BODILY INJURY REDEFINITION Paragraph 3.of SECTION V. — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, injury or illness or emotional distress and/or death resulting from any of these at any time. R. INSURED CONTRACT—LEASE OF PREMISES Paragraph 9.a. of SECTION V — DEFINITIONS within the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is replaced by: 9. "Insured contract"means: a. a contract for lease of premises. Howev- er, that portion of the contract for a lease of premises that indemnifies any person or organization for "property damage" by fire; smoke from a "hostile fire", explo- sion; lightning; smoke resulting from such explosion or lightning; collision by"mobile equipment"or leakage from fire protection systems to premises while rented to you or temporarily occupied by you with per- mission of the owner is not an "insured contract". Includes copyrighted material of Insurance Services Office, Inc., CG 82 24 0512 Page 6 of 6 with its permission. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY- OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;.and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG2001 0413 © Insurance Services Office, Inc., 2012 733 Search L&I i6.3"18-121 C1141 Washington State Department of Labor & Industries LAND EXPRESSIONS LLC Owner or tradesperson 5615E DAY MT SPOKANE RD MEAD,WA 99021 Principals 509-466-6683 • NELSON, DAVID J, PARTNER/MEMBER SPOKANE County Doing business as LAND EXPRESSIONS LLC WA UBI No. Business type 601 679 559 Limited Liability Company Governing persons DAVID J NELSON KERRY I-I NELSON; 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. LANDELL044CO Effective—expiration 02/20/1996—09/03/2017 Bond TRAVELERS CAS&SURETY CO $12,000.00 Bond account no. 103531729 Received by L&I Effective date 08/31/2001 08/27/2001 Expiration date Until Canceled Insurance Regent Insurance Company $1,000,000.00 Policy no. CC11284216 Received by L&I Effective date 08/29/2016 09/01/2016 Expiration date 09/01/2017 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. 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. 513,877-02 Doing business as LAND EXPRESSIONS LLC Estimated workers reported Quarter 4 of Year 2016"21 to 30 Workers" L&I account representative TO/GARY HONC(360)902-4823-Email:HONC235@Ini.wa.gov Workplace safety and health Check for any past safety and health violations found on jobsites this business was responsible for. Inspection results date 09/04/2014 Violations Inspection no. 317420982 Location Convention Center Spokane Fall Spokane,WA 99201 Inspection results date 12/13/2013 Violations Inspection no. 316908201 Location 808 W.Spokane Falls Blvd. Spokane,WA 99021 Wasr,mgtor State Dept of i_e''or&Irdustres ice 11 this sie is subiecf to the lows of the stale rt Washrgtor LANDEXP-03KBREMER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/21/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Kristy Bremer CONTACT PRODUCER NAME: BK-JET Group, LLC PHONEFAX (509) 319-2909(509) 319-2920 (A/C, No, Ext):(A/C, No): 999 W Riverside Avenue, Suite 510 E-MAIL kbremer@bkjet.com Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Regent Insurance Company24449 INSURER A : INSURED INSURER B : Land Expressions, LLC INSURER C : 5615 E. Day Mt. Spokane Rd. INSURER D : Mead, WA 99021 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 1,000,000 DAMAGE TO RENTED X CCI128421609/01/201709/01/2018 CLAIMS-MADEOCCUR XX $ PREMISES (Ea occurrence) WA STOP GAP/EMP LIAB10,000 X MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X CBA128421609/01/201709/01/2018 XX ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 2,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ CCU129579909/01/201709/01/2018 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AS RESPECTS EDGECLIFF PARK SPLASH PAD - PROJECT NO. 17-048.00 ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION TO THE CITY OF SPOKANE VALLEY, ITS OFFICERS, AGENTS AND EMPLOYEES AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THIS INSURANCE CERTIFICATE. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CHRISTINE BAINBRIDGE 11707 E. SPRAGUE AVE, SUITE 106 SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD LANDEXP-03KBREMER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/29/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Kristy Bremer CONTACT PRODUCER NAME: BK-JET Group, LLC PHONEFAX (509) 319-2909(509) 319-2920 (A/C, No, Ext):(A/C, No): 999 W Riverside Avenue, Suite 510 E-MAIL kbremer@bkjet.com Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Regent Insurance Company24449 INSURER A : INSURED INSURER B : Land Expressions, LLC INSURER C : 5615 E. Day Mt. Spokane Rd. INSURER D : Mead, WA 99021 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 100,000 DAMAGE TO RENTED X CCI128421609/01/201809/01/2019 CLAIMS-MADEOCCUR XX $ PREMISES (Ea occurrence) WA STOP GAP/EMP LIAB10,000 X MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X CBA128421609/01/201809/01/2019 XX ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 2,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ CCU129579909/01/201809/01/2019 2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AS RESPECTS EDGECLIFF PARK SPLASH PAD - PROJECT NO. 17-048.00 ADDITIONAL INSURED STATUS AND WAIVER OF SUBROGATION TO THE CITY OF SPOKANE VALLEY, ITS OFFICERS, AGENTS AND EMPLOYEES AS GRANTED BY THE ACTUAL POLICY FORMS ATTACHED TO THIS INSURANCE CERTIFICATE. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF SPOKANE VALLEY ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: CHRISTINE BAINBRIDGE 10210 E. SPRAGUE AVENUE SPOKANE VALLEY, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD