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17-140.00 Moran Fence: Archive Cage Fencing
CONSTRUCTION AGREEMENT Moran Fence Inc. 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 Moran Fence Inc.,("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 Archive Cage Fencing 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 upon execution of this Agreement and shall complete the Work by November 15,2017, 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$10.00 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$3,231.00,plus Washington State Sales Tax of$284.33 (if applicable),for a total of$3,515.33,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: Moran Fence Inc. Phone: (509)720-5000 Phone: 509-534-1413 Address: 10210 East Sprague Avenue Address: 707 N. Freya St. Spokane Valley,WA 99206 Spokane, WA 99202 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 10210 East Sprague Avenue,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 fmal 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 Construction Agreement Page 4 of 7 insurance, self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3.If Contractor maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Contractor, irrespective of whether such limits maintained by Contractor are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Contractor. 4. Failure on the part of Contractor to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the City may, after giving at least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested,complete copies of insurance policies shall be provided to City. Contractor shall be fmancially 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. Construction Agreement Page 5 of 7 Contractor's duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants, and employees shall apply only to the extent of the negligence of Contractor, Contractor's agents,subcontractors, subconsultants,and employees. Contractor's duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies,City's personnel-related costs, reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. 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. Construction Agreement Page 6 of 7 24.Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties. 25. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 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.gxhiibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Cost Statement C. Insurance Endorsements 4( V The Parties have executed this Agreement this (;- day of ctober,2017. CITY OF SPOKANE VALLEY: Contractor: 0 a r'l— CtiLtA 4,. ...-- .%,/,‘•e•elet._- /7/7, 4-61te e/te4. Mark oun,City Manager By: Its: Authorized Representative ATTES ;F di Christine Bainbridge,City Clerk APPROVED AS TO FORM: 0 l - Offic f the ity orney Construction Agreement Page 7 of 7 FREE , Fence Inc. N.4 k- n i? QUOTATION ESTIMATES `r T, 534-1413 534-2521 Fax 535-3005 707 N. Freya Spokane,WA 99202 MORANFI035RR•moranfenceinc@aol.com DATE /613//qNAME ____&_110 ‘,,ice _Lia l le Y /^' ALL WORK WILL BE PERFORMED IN A WORKMANLIKE MANN R AND IN ADDRESS I 0.2 1 C 0 ACCORDANCE WITH STANDARD PRACTICES.ALL POSTS SET IN NCRETE. ..s.ic.vo CITY r_ kG�N e__,STATE 'A/ �� ,/- - ZIPb (o' 2 lY �C7 _ �O - /72/9— s3O l Orr 1 PIa fe PHONE ((__ 1 F-5 WORK �'101r4O � Li �� Q ��0 / $� ' l-I K < 0 _Va 1 Ir.D . J �t !A c5 f` d yO� 117 4 SPECIFICATIONS I S' j7---- ref L, R . TOTAL FOOTAGE y / ---- '--.. TOTAL HEIGHT f -r STYLE FENCE - _ /1/ 5C` it f POST SPACED -_.- _.- /0 t - l / I .6— i4 It WIRE GAUGE a TOP RAIL / /�� `-�'�/ � _... -.--t--� • 1 TENSION WIRE 1544 '7 )- 3 LINE POST 2-2/12 END POST fiNL�G f fi/,/s1 is j:'///� ;//;I:;%./i/ CORNER POST 7/y I' 1/, /1 jt ojei4li>�j/ 7 ill Oir fl�l iliif d/0,14.. off WALK GATE POST 2- i --- _ .11104,,r,fi'',��il.001 ill ,, %;';! rf,ii.!0'I011151 ilk:P100 / /t/!0 DRIVE GATE POST -- ' t./ A� r Pil w� c I i 1 f i%:..%�ij • 1 GATE FRAMES /5i - r' '.•� DISPOSAL OF DIRT& ROCK J HAUL J WASTE ON SITE CONTRACT CONDITIONS DESCRIPTION AMOUNT Customer hereby assumes full responsibility for the location of the property line on which fence is to be installed. Contractor not liable for damage to underground obstructions,such as,but not limited to sprinkler /� 4�at f�� lines and private utility lines. Repairs on sprinklers will be billed at time 7f and materials. C QS S4 0,.../.4/, Dfr(P 51 / q.5 - ‘.91,4-e_is , 3231,00 FRes611 - ©Y AD/) Moran Fence will not be responsible for vandalism. Prices good f. - days. Building P rmits to .- furnished by property owner. ALL PRICES SUBJECT TO WASHINGTON STATE SALES TAX . IVISA/M. TERCARD . ;CHECK : :CASH ; :OTHER SALESMAN 1 Cash On Completion Customer agrees to pay for said fence in full upon completion. There are no finance charges in this transaction and payment is to be paid in full, ACCEPTED BY _ not in installments, and no credit is extended herein. �-...N MORAN-1 OP ID:SB ACC)/20" DATE(MM/DD/YYYY) 4....---- CERTIFICATE OF LIABILITY INSURANCE 10/20/2017 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Wheat&Associates Insurance NAME: Zac Wheat P.O.Box 3548 (A/C.PHONE Est):509-922-2937 �A/AX No):509-922.4103 Spokane,WA 992204548 ADDRESS:zac@wheatinsurance.com Zac Wheat INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:Cincinnati Insurance Co 10677 INSURED Moran Fence Inc INSURER B: Truella Stone 707 N Freya INSURER C: Spokane,WA 99202 INSURER D: 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 TYPE OF INSURANCE ADDL SU=- POLICY EFF P P.LI Y EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X EPP 0169919 01/25/2017 01/25/2018 PREM SES El occurreD nce) $ 500,000 MED EXP(Any one person) _ $ 5,000 PERSONAL S ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X /28: LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO EBA 0169919 01/25/2017 01/25/2018 BODILYINJURY(Perperson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS _AUTOS $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _AUTOS (Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS UAB CLAIMS-MADE EPP 0169919 01/25/2017 01/25/2018 AGGREGATE $ DED X RETENTION$ 0 $ WORKERS COMPENSATION PEROTH- AND EMPLOYERS'LIABILITY Y/N STATUTE X ER A ANY PROPRIETOR/PARTNER/EXECUTIVE I N/A EPP 0169919 01/25/2017 01/25/2018 E.L EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) WA STOP GAP E.L.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIPTIION uOF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate Holder is included as an Additional Insured,if required by written contract or written agreement per endorsement GA233 in respect to the operations of the named-insured performed on their behalf. CERTIFICATE HOLDER CANCELLATION CITSP-3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E Sprague Ave Ste 106 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIIZEEDR IEPRESENTATIVE 8181/1/11 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD b. Deductible Clause 9. Automatic Additional Insured - Sped- • (1) Our obligation to pay damages fled Relationships on your behalf applies only to a. The following Is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex • - cess of the deductible amount (1) Any person or organization de- stated In Section B. Limits of scribed in Paragraph 9.a.(2) . Insurance, 6. Voluntary Prop- below(hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- • erage of this endorsement. The • tional insured under this Cover- limits of insurance will not be re- age Part by,reason of: duced by the application of such (a) A written contract or deductible amount, agreement;or (2) Condition 2.Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim •• tract where a certificate of or Suit,applies to each claim or insurance showing that per- "suit"irrespective of the amount. son or organization as an (3) We may pay any part or all of additional Insured has been the deductible amount to effect issued, settlement of any claim or"suit" is an insured,provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7, 180-Day Coverage for Newly Formed or during the; policy pe- Acquired Organizations riod;and ' SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense Subparagraph a. of Paragraph 4. is to which this insurance would apply;and hereby deleted and replaced by the fol- lowing: (b) They are not specifically • a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after cured under any other pro- you acquire or form the organization vision of, or endorsement added to, this Coverage or the end of the policy period, Part. whichever is earlier, 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV-COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided • the following: herein: • We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises teased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work"done un- Paragraph 9.a.(1) above to • der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed • ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the Injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not • nothing after a loss to Impair our rights. apply to: At our request,the insured will bring suit or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change - in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked • insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the - equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s)or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make ' such in- son(s) or organizations(s). spections, adjust- ` However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- toin • ` (c) Any person or organization thees usualmake course - (referred to below as ven- • •- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide In- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or • "property damage" arising - . f) Demonstration, in- • out of"your products"which stallation, servic- are distributed or sold in the Ing or repair op- regular course of the ven- erations, except dot's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with o sale of the the vendor does not product; apply to: product; • a) "Bodily injury" or g) Products which, on or "property damage" sale r by you, have for which the ven- been labeled or • - dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not . apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have In the ab- ganization: sence of the con- a) From tract or agree- you From whome acquired ment; such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance - GA 233 02 07 Services Office,Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does• containing such not apply to "bodily in- products;or jury", "property dam- • b When liabilityIn- age" or "personal and advertising injury" oris- • cluded within the ing out of operations • "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization- under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to Il- . (d) Anystate orpolitical subdi- ability arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following • time required by the written . hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- Issued a permit in connec- piration date of this Cover- tion with premises you own, age Part If there is no rent or control and to which written contract or agree- this insurance applies: ment,or if no period of time is required by the written . 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Anyinsurance provided to an manholes, marquees, addtional insured designated hoist away openings, g sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators;or hazard , 3) The ownership, main- (b) Subparagraphs (a), (b), (d), • tenance, or use of any (e)and (f)does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured;or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by • "property damage" or "per- - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in designfur- issued a permit. fur- nished by or on behalf Includes copyrighted material of Insurance • GA 233 02 07 Services Office,Inc.,with its permission. Page 12 of 15 of the additional in- spects any other Insurance sured;or policy issued to the addi- 2) The rendering of, or tional insured, and such failure to anyother insurance policy shall be excess and/or noncon- professional architec- tributing,whichever applies, tural, engineering or with this Insurance. • surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, In SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5. Other and specifications; Insurance, b. Excess and insurance;or b) Supervisory, in- 2) For any other valid and spection, archl- collectible insurance tectural or engi- available to the addi- neering activities. tlonal insured as an additional Insured by 3) "Your work"for which a attachment of an en- • consolidated (wrap-up) dorsement to another insurance program has insurance policy that is - been provided by the written on an excess primecontractor-project basis. In such case, • manager or owner of • the coverage provided the construction project under this endorse- In which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - UMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f)above only: Part,whichever are less. If no limits If a written contract or are specified in.the written contract Iagreementabetween you • or agreement,or if there is no written the abetween nal Insured contract or agreement, the limits ap- specifiesand that -plicable to the additional insured are the additionalsinsured:coverage for those specified in the Declarations of this Coverage Part. The limits of in- a. Be provided bythe In- surance are inclusive of and not in surance Servies Of- addition to the limits of insurance fice additional insured shown in the Declarations, form number CG 20 10 c. SECTION IV- COMMERCIAL GEN- or .CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or h• ereby amended as follows: b. Include coverage for (1) Condition 5.Other insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance . GA 233 02 07 Services Office,Inc.,with-its permission. Page 13 of 15 Clonal insured is more re- 11. of this endorsement fix the strictive than was •specifi- most we will pay in any one"oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.13. (a) Insureds; • above, or any combination (b) Claims made or "suits" thereof, shall be Interpreted • brought;or as providing the limits or coverage required by the (c) Persons or organizations. terms of the written contract making claims or bring' or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies meet is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are In excess of the surance Services Office Deductible amount stated In additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition,or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- ductible and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b.of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- plyfense, Claim or Suit, ap 10. Broadened Contractual Liability-Work plies to each claim or"suit" Within 50'of Railroad Property irrespective of the amount. It Is hereby agreed that Paragraph f.(1)of (c) We may pay any part or all Definition 12. "Insured contract" (SEC- of the deductible amount to effect settlement of any TiON V-DEFINITIONS)is deleted, claim or "suit" and, upon • 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION i-COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services • ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs(3)and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not applyto your "em- ment loaned to you, provided they ployees"who provide profssional health are not being used to perform opera- care services on your behalf as duly 11- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians;or dorsement, the following additional provisions apply: c. Paramedics, • (1) The Limits of insurance shown in the jurisdiction where an "occurrence" • in the Declarations are replaced or offense to which this insurance applies ' by the limits designated In Sec- takes place. tion B.Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this Paragraph a. of Condition 2. Duties in endorsement. Thesetindld is are the vnt of Occurrence, Offense, inclusive of and not in addition to the limits being replaced. The Claim or Suit(SECTION IV- COMMER- Limits Qf Insurance shown in CIAL GENERAL LIABILITY CONDi- Section B.Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office,inc.,with its permission. Page 14 of 15 Moran Fence Inc 707 N. Freya Spokane WA 99202 509-534-1413 Or 509-534-2521 MORANI035RR October 31,2017 Attention City of Spokane Valley Re: Contracts Please note we,Moran Fence,would like to have you to hold the 50%of the contract amount for 30 days instead of you providing a bond for the Fence Project at the City of Spokane Valley. IThaank you /JVf/J (7 . Truella Stone President/Owner