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21-082.00 Selland Construction: Evergreen Road Preservation Project Contract No.21-082 CONSTRUCTION AGREEMENT Selland Construction,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 Selland Construction, 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 Evergreen Road Preservation Project(the"Work") in accordance with documents described in Exhibit B 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$950.00 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 $1.607,864.00, which includes Washington State Sales Tax based on the bid submitted by Contractor (Exhibit B), and as may be adjusted in accordance with the Contract Documents. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance City of Spokane Valley C-1 Contract Forms Evergreen Road Preservation 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:Adam Brizendine,General Manager Phone:(509)720-5000 Phone: (509)662-7119 Address: 10210 East Sprague Avenue Address:PO Box 119 Spokane Valley,WA 99206 Wenatchee,WA 98807 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws,codes,and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of chapter 39.12 RCW,and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown, Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor shall provide a copy of any such determinations to City. 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. City of Spokane Valley C-2 Contract Forms Evergreen Road Preservation 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 Community & 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 final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials,Contractor shall, within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14. Contractor to Be Licensed and Bonded. Contractor shall be duly licensed, registered, and bonded by the State of Washington at all times this Agreement is in effect. 15. Contractor to Provide Performance and Payment Bonds. Contractor shall provide a payment bond and a performance bond in the full amount of the Agreement on the City's bond forms. Alternatively, Contractor may elect to have the City retain 10% 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 insurance, as required in this Section, without interruption from commencement of the Contractor's work through the term of the Contract and for 30 days after the physical completion date,unless otherwise indicated herein. City of Spokane Valley C-3 Contract Forms Evergreen Road Preservation 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 at least as broad as Insurance Services Office(ISO)form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations for a period of three years following substantial completion of the work for the benefit of the City, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit, using ISO form CG 25 03 05 09 or an endorsement providing at least as broad coverage. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the 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 at least as broad 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 $2,000,000 each occurrence,$2,000,000 general aggregate,and no less than a$2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. 3. If Contractor maintains higher insurance limits than the minimums shown above, City shall 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 insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on City of Spokane Valley C-4 Contract Forms Evergreen Road Preservation demand, or at the sole discretion of the City, offset against funds due Contractor from the City. D. No Limitation. The Contractor's maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. E. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. F. 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 D. 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. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract,upon which the City may,after giving as least five business days' notice to Contractor to correct the breach, immediately terminate the Agreement or, at its discretion,procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City,offset against funds due Contractor from the City. H. Subcontractor Insurance. Contractor shall cause each and every subcontractor to provide insurance coverage that complies with all applicable requirements of Contractor-provided insurance as set forth herein, except Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by subcontractors. Contractor shall ensure that the City is an additional insured on each subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. 17. Indemnification and Hold Harmless. Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City,its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 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 City of Spokane Valley C-5 Contract Forms Evergreen Road Preservation Agreement or any part thereof. 19. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 20. Confidentiality. Contractor may,from time-to-time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 21. Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court of the State of Washington for Spokane County,unless otherwise required by applicable federal or state law. 22. Subcontractor Responsibility. As required by RCW 39.06.020, Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and possesses an electrical contractor license, if required by chapter 19.28 RCW, or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement shall be included in every subcontract of every tier. 23. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 24. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties. 25. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement, shall have or acquire any interest in this Agreement,or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from any person with an interest in this Agreement. 26. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement,the Contractor,for itself,its assignees,and successors in interest agrees as follows: A. Compliance with Regulations: Contractor shall comply with the federal laws set forth in subsection G of this Section 26 ("Pertinent Non-Discrimination Authorities") relative to non- discrimination in federally-assisted programs of the U.S. Department of Transportation, Washington State Department of Transportation(WSDOT), as they may be amended from time- to-time,which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination: Contractor, with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race,color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Contractor shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project,or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by Contractor of Contractor's obligations City of Spokane Valley C-6 Contract Forms Evergreen Road Preservation under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports: Contractor shall provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and shall permit access to its books,records, accounts, other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, regulations, and instructions. Where any information required of Contractor is in the exclusive possession of another who fails or refuses to furnish the information, Contractor shall so certify to the City or the WSDOT,as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate,including,but not limited to: 1. withholding payments to Contractor under the Agreement until Contractor complies; and/or 2.cancelling,terminating,or suspending the Agreement,in whole or in part. F. Incorporation of Provisions: Contractor shall include the provisions of paragraphs one through six of this Section 26 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Contractor shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Contractor becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction, Contractor may request that the City enter into any litigation to protect the interests of the City. In addition, Contractor may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Contractor agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471, Section 47123), as amended,(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of City of Spokane Valley C-7 Contract Forms Evergreen Road Preservation the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients,sub-recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed.Reg. at 74087 to 74100);and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. §1681 et seq.). 27. 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. 28. 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. 29. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Work B. Bid Proposal C. Insurance Endorsements D.Performance and Payment Bond Sr The Parties have executed this Agreement this day of U 4e ,2011 CI ( �OIF,�S/PO E V LLEY: Contract Mark Calhoun,City Manager By: ApP, i Its: Authorized Representative APPROVED AS TO FORM: PP' Office of t e City • orn-, ' f\4011 ggTs l p (sFA1, 5 City of Spokane Valley C-8 `, c 3 2 Contract Forms Evergreen Road Preservation •• .a Exhibit A—Scope of Work The Evergreen Road Preservation Improvement project includes sidewalk and curb construction; signal modifications; ITS conduit; bituminous planning; HMA paving and patching; and other related work all in accordance with the Contract Documents consisting of: • Bid Proposal • Contract Plans and Provisions • Standard Specifications • Standard Plans • Addenda • Certifications and Affidavits • Supplemental Agreements • Change Orders City of Spokane Valley C-9 Contract Forms Evergreen Road Preservation Exhibit B PROPOSAL FORM PROJECT NUMBER: 0323 PROJECT TITLE: Evergreen Road Preservation NAME OF FIRM SUBMITTING BID: SELLAND CONSTRUCTION, INC. Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the Information to Bidders Section. RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda by checking the box(es): [ 1 ❑2 ❑ 3 ❑4 ❑ 5 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 contract shall be completed in Thirty-Four(34) working days from the date of commencement. BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu of furnishing a Contractor's Bond(Payment and Performance Bonds). FREIGHT: Bid price(s)to include all freight costs to the job site. SCHEDULES: A Bidder must complete all the schedules or his bid will be rejected as non-responsive. The undersigned hereby certifies that (he/they) (has/have) personally examined the location and construction details of work as outlined on the plans and specifications for the above project and (has/have) read thoroughly and understands the plans, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans,specifications,and contract in accordance with the unit prices provided below. The Bidder, to be considered responsible, shall provide in legible figures (not words) hand written in ink or typed, a unit price (except Lump Sum items) and total for each of the items shown on the following schedules: City of Spokane Valley Evergreen Road Preservation 2 Bid Proposal Documents Schedule A-Roadway Improvements Item Description Unit Quantity Unit Price Total PREPARATION 100 MOBILIZATION 1-09.7 SP L.S. 1 LUMP SUM $ 7g,UW ,' 101 DOCUMENTATION COMPLIANCE I-I ISP CALC. I CALCULATED $10,000.00 102 REMOVE CEMENT CONC.CURB 2-02 SP L.F. 870 $ 7 a] S t✓�OW,° 103 REMOVE CEMENT CONC.SIDEWALK 2-02 SP S.Y. 460 $ �� $ `OW O0 104 SAWCUT PAVEMENT 2-02 SP L.F. 5,700 $ ZQO $ ///440 QO 105 REMOVING PLASTIC LINE 8-21 L.F. 800 $ f0 $ ow g' 106 REMOVING PLASTIC CROSSWALK LINE 8-21 S.F. 210 $ .[�i $ i�I��� 107 REMOVING PLASTIC PAVEMENT MARKING 8-21 EACH 2 $ i/�T 51 $ eM C1) GRADING 7�/ �^+ 108 PAVEMENT REPAIR EXCAVATION INCL.HAUL 5-04 S.Y. 7,100 $ /b jfj $ //0e600W SURFACING 109 CRUSHED SURFACING TOP COURSE,8 IN. 4-04 SP S.Y. 7,100 $ Qp $ Ld DEPTH /7 /20,7gD -- HOT MIX ASPHALT 110 PLANING BITUMINOUS PAVEMENT 5-04 S.Y. 23,000 $ ,7?Q_U $ t7`q'6t.092Od eali $ q/� $ 111 HMA CL.3/8 IN.PG 64H-28 5-04 TON 3,600 O $ HMA FOR PAVEMENT REPAIR CL.3/8 IN.PG 64H- 112 5 04 SP S.Y. 750 AU $ 28,3.5 IN.DEPTH $ 33 — 2'i7SO°D I l3 HMA FOR PAVEMENT REPAIR CL.3/8 IN.PG 64H- 5-04 SP S.Y. 6,350 $ pp $ O� 28,6 IN.DEPTH 3? 244050'" 114 COMMERCIAL HMA 5-04 SP S.Y. 20 $ /60 $ 3,2�0. 115 UTILITY CASTING DEPTH COMPLIANCE 5-04 SP CALC I CALCULATED -$1.00 116 JOB MIX COMPLIANCE PRICE ADJUSTMENT 5-04 CALC I CALCULATED -$1.00 117 COMPACTION PRICE ADJUSTMENT 5-04 CALC I CALCULATED -$1.00 118 HMA SURFACE SMOOTHNESS COMPLIANCE 5-04 CALC I CALCULATED -SL00 EROSION CONTROL AND ROADSIDE PLANTING 119 EROSION CONTROL AND WATER POLLUTION 8-01 L.S. I LUMP SUM $ . ) OU 120 IRRIGATION SYSTEM REVISION 8-03 SP EST. 1 ESTIMATED $10,000.00 City of Spokane Valley 'Evergreen Road Preservation 3 Bid Proposal Documents Schedule A-Continued Item Description Unit Quantity Unit Price Total TRAFFIC 121 CEMENT CONC.TRAFFIC CURB AND GUTTER 8-04 SP L.F. 870 $ ,r2 PSS $ ifs�240•00 122 CEMENT CONC.PEDESTRIAN CURB 8-04 SP L.F. 370 $ Z4 $ 8j 98O•°° 123 PLASTIC LINE 8-22 SP L.F. 17,100 $ 202. $ .374 0d0 124 PLASTIC WIDE LANE LINE 8-22 SP L.F. 5,700 $ 4.00 $ .2zEcori2 125 PLASTIC STOP LINE 8-22 SP L.F. 200 $ /2 De, $ 2 ��I/ 126 PLASTIC CROSSWALK LINE 8-22 SP S.F. 720 $ ri92 $ Gi�T 8O yP 127 PLASTIC BICYCLE LANE SYMBOL 8-22 SP EACH 19 $ 200/Q S 3 ) 128 PLASTIC TRAFFIC ARROW 8-22 SP EACH 22 ' I,OW rig 129 PERMANENT SIGNING 8-21 SP L.S. I LUMP SUM $ //20C)CO 130 PROJECT TEMPORARY TRAFFIC CONTROL 1-IO SP L.S. I LUMP SUM $ 76,000 Pd OTHER ITEMS 131 CONSTRUCTION SURVEYING 1-05.4 SP L.S. I LUMP SUM $ /5 132 SPCC PLAN 1-07.15(1) L.S. I LUMP SUM $ / 1-07S2P $ 5;we 92 133 PUBLIC LIAISON REPRESENTATIVE L.S. I LUMP SUM 134 REPLACE EXISTING WATER VALVE 7-12 SP EACH 21 $ ,'ux $ ,V, i J 135 ADJUST EXISTING GAS VALVE 7-11 SP EACH 5 $ / )32 $ S aid W 136 ADJUST EXISTING CATCH BASIN OR DRYWELL 7-05 SP EACH 24 $ 4649 ea $ 2.6 )m 137 ADJUST EXISTING MANHOLE 7-05 SP EACH 10 $ z , 62 $ fq O�W 138 ADJUST EXISTING MONUMENT 8-13 SP EACH I $ 400 *- $ /QI(JD 552 139 CEMENT CONC.SIDEWALK 8-14 SP S.Y. 170 $ 67 QG $ /4 ,U66-9 140 CEMENT CONC.CURB RAMP TYPE PARALLEL A 8-14 SP EACH 15 $ 3,p�t70 $ yS j OD 141 CEMENT CONC.CURB RAMP TYPE PARALLEL B 8-14 SP EACH 1 $ ',S(, 'S $ 3,50 cr. 142 MINOR CHANGE 1-04.4(1) CALC. I CALCULATED $20,000.00 SCHEDULE A TOTAL= $ b 30.15-4°D City of Spokane Valley Evergreen Road Preservation 4 Bid Proposal Documents Schedule B-Signal/ITS Improvements Item Description Unit Quantity Unit Price Total 200 REMOVE CEMENT CONC.CURB 2-02 SP L.F. 110 $ 849_ s 980 V 201 REMOVE CEMENT CONC.SIDEWALK 2-02 SP S.Y. 120 s HO $ /,3. o 'Z' SURFACING CRUSHED SURFACING TOP COURSE,8 IN. 202 DEPTH 4 04 SP S.Y. 480 $ 5OR $ /Z-2,^� HOT MIX ASPHALT ✓,7�' HMA CL.3/8 IN.PG 64H-28,6 INCH DEPTH, 203 PATCH 5-04 SP S.Y. 480 $ 5312 RA2 $ .15;�/�[/�� 204 JOB MIX COMPLIANCE PRICE ADJUSTMENT 5-04 CALC 1 CALCULATED $ 7�� (1.00) 205 COMPACTION PRICE ADJUSTMENT 5-04 CALC I CALCULATED $ (1.00) TRAFFIC 206 CEMENT CONC.TRAFFIC CURB AND GUTTER 8-04 SP L.F. 110 $ i / $ 5/7749 49 207 TRAFFIC SIGNAL SYSTEM-BROADWAY 8-20 SP L.S. 1 LUMP SUM MODIFICATION $ KaC)0 619 208 PULL BOX 8-20 SP EACH 8 $ 3'zoo—ec..) $ 25,Geo4. 209 CONDUIT PIPE 2 IN.DIA. 8-20 SP L.F. 3,100 s 23S9 $ '/ )GC OTHER ITEMS 210 CEMENT CONC.SIDEWALK 8-14 SP S.Y. 120 $ 67'22 $ /y(n 211 MINOR CHANGE 1-04.4(1) CALC. 1 CALCULATED $ /" 5,000.00 SCHEDULE B TOTAL= $ Zre,eabo Project Totals SCHEDULE A TOTAL= $ 4 yetis..a_ +SCHEDULE B TOTAL= $ 218,fps 4;12 PROJECT TOTAL= $ /i 407 8W1 SELLAND CONSTRUCTION gna Person/Entity Name: 'Signature of Bidder: •Compa>qPI-LAND CQNSTRI C,TInNI. INC. Date: c /4, 2-1 City of Spokane Valley Evergreen Road Preservation 5 Bid Proposal Documents MM.7"---• . SO aF 400010 =e.7 m 107401153 BOND NO: CONTRACTOR'S PERFORMANCE BOND to City of Spokane Valley,Washington The City of Spokane Valley, Washington, in Spokane County, has awarded to Selland Construction,Inc. (Contractor),as Principal,a contract for the construction of the project designated as Ever2reen Road Preservation Project No. 0323 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 Travelers Casualty and Surety Company of America (Surety), a corporation, organized under the laws of Conecticut 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$ 1,607,864.00 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. PRINCIP O S ' TY (PR I41 t3, (A0I1 Ia1 Principal Signature Date Signature Date J:f�,,,, iiJefjo4pi,.6- Jim W.Doyle Printed Name Printed Name e.A'H"96« Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: HUB International NW,LLC P.O.Box 3018 Bothell.WA 98041-3018 . (425)489-4500 ".,, r��r Revis,d i i4 13 City of Spokane Valley C-10 Contract Forms Evergreen Road Preservation Simarkan j Valley � BOND NO: 107401153 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 Selland Construction,Inc. (Contractor),as Principal,a contract for the construction of the project designated as Evergreen Road Preservation Project No. 0323 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 Travelers Casualty and Surety Company of America (Surety), a corporation organized under the laws of Connecticut 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$ 1 fi07,1t64 nn 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. PRINCIP N T SURETY CP111a1 L3. (pi il GI' I Princi al Signature Date ty Signature Date /41/It l?Eitdj441 Jim W.Doyle Printed ame Printed Name f Nfi96Ck Attorney-in-Fact Title Title Name,address,and telephone of local office/agent of Surety Company is: HUB International NW,LLC P.O.Box 3018 Bothell,WA 98041-3018 (425)489-4500 Revised 1 14 I • 'y City of Spokane Valley C-11 Contract Forms Evergreen Road Preservation Travelers Casualty and Surety Company of America IOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Julie M.Glover,S.M.Scott,Michael A.Murphy,Jim W.Doyle,Andy D.Prill,Jim S.Kuich,Chad M.Epple,Steve Wagner,Theresa A.Lamb,Patti White,Sarah H.Behrens,Danielle Enriquez,and Maxwell Martin,of Bothell, Washington, their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. 44•d?::BURE� Nit"M. 'STY A,yn HAflTFORD,'�- °j� '1 It 1.1 12\ CONN. 0 W i State of Connecticut By: City of Hartford ss. Robert . Raney,Senior Vice President On this the 21st day of April,2021,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of each of the Companies,and that he,as such, being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � � //��� My Commission expires the 30th day of June, 2026 (Dm An�na P. Nowik, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance,contract of indemnity, or writing obligatory in the nature of a bond,recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E.Hughes,the undersigned,Assistant Secretary of each of the Companies,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , . u `.�CSURETy°W LTv Ak, - ree ! HARTFORD.Ali., W t//.�'.'. s CONK. •O i CONN. I/ e......- (k.--. Ikt *„„w•d' Kevin E.Hughe Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney(s)-in-Fact and the details of the bond to which this Power of Attorney is attached. ,�.� SELLCON-01 MJOHNSON '4YY) �" 5/19/2021E CERTIFICATE OF LIABILITY INSURANCE DAT19/2021 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 sucCChppendorsement(s). PRODUCER NAMEACT Hub International Northwest LLC PHONE o,Eat):(425)489-4500 I FAX No):(425)485-8489 PO Box 3018 Bothell,WA 98041 auIRlEss:now.info@hubinternational.com I INSURER(S)AFFORDING COVERAGE NAIC# INSURER A;Allied World Insurance Company 22730 INSURED INSURER B:Allied World Specialty Insurance Company 16624 SELLAND CONSTRUCTION,INC. INSURERC:Allied World National Assurance Company 10690 P.O.Box 119 1 INSURER D: • Wenatchee,WA 98807 j INSURER E: I • 1 INSURER F: • COVERAGES 1 CERTIFICATE NUMBER: REVISION NUMBER: THISI 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 1 um OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS L - W INSD VD (MM/DD/YYYYI (MM/DD/YYYYl A )( COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1,000,000 I DAMAGE TO RENTED 100,000 I CLAIMS-MADE X OCCUR x x 60040254 3/31/2021 3/31/2022 PREMISES(Ea occurrence) $ X ND,WA,Sr WY.Stopl Ga MED EXP(Any one persm) $ 5,000 1 PERSONAL&ADV INJURY $ 1,000,000 I I 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1 POLICY X JEa I I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 I OTHER: I STOP GAP EMPLOY $ 1,000,000 B AUTOMOBILE LIABILITY I (Ea OM acccideDn SINGLE LIMIT $ 1,000,000 X ANY AUTO I ' X X 60000363 3/31/2021 3/31/2022 BODILY INJURY(Per person) $ 7-OWNED SCHEDULED AUTOSE�ONLY. AUTOS BODILY p pBRODILY INJURYp (Per accident) $ X AUTOS ONLY X VMS Y (Perr accident AMAGE $ 1 C 1 UMBRELLA LIAB X (OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE 03106132 3/31/2021 3/31/2022 AGGREGATE $ 1,000,000 DED RETENTION$ I $ A WORKERS COMPENSATION PER STATUTE X ER ANH- D EMPLOYERS'.LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 60040254 3/31/2021 3I31/2022 E.L.EACH ACCIDENT $ 1,000,000 FICERIMEANAt EXCLUDED? N N/A andatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 Eves,desaibeunder I 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ I 1 1 I • I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) RE:Evergreen Road Preservation Project,CIP#0323 Contract No.:21-082 City of Spokane Valley,its officers,elected officials,employees,agents,and volunteers are included as an Additional Insured,coverage is primary and non-contributory and waiver of subrogation applies per the attached forms/endorsements. I. I I CERTIFICATE HOLDER I CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E SpraguejAvenue Spokane,WA 99206 I AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) a ©1198888--'"2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD • • POLICY NUMBER: 6004-0254 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 1 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 owner,lessee or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement,provided that such was executed prior to an"occurrence",loss,injury or damage. 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 I 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 1"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; 1 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 I 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 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 • C. With respect 'o 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: i 1. Required by the contract or agreement; or • • • • • • Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: 6000-0254 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 endorsementI modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) 10r Organization(s) Location And Description Of Completed Operations Any owner,lessee,or contractor whom you have agreed to include as an additional insured under a fully executed written contract or written agreement,provided that such was executed prior to an"occurrence",loss, injury or damage I i 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 coverag9 provided to the additional insured is•required) by a contract or agreement, the insurance afforded to such additional insured will not bel broader than that which you are required by the contract or agreement to provide for'such additional insured. CG 20 37 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 • • COMMERCIAL GENERAL LIABILITY CG20011219 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 LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. 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 • • • • • • • CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: 6004-0254 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization against whom you have agreed to waive your right of recovery in a fully executed written contract or written agreement, provided such contract or agreement was executed prior to the date of the'occurrence",!loss, injury or damage. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or • "your work" done!under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. • • CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 1 0 • POLICY NUMBER: 6004-0254 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. • DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Where required by written contract Any construction project(s)for which you have agreed to provide a separate General Aggregate Limit pursuant to a fully executed written cpntract or written agreement, provided that such contract or agreement was executed prior to the date of the"occurrence",loss,injury or damage, and subject to the Policy Annual Aggregate Limit, as applicable. • Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by "occur- damages or under Coverage C for medical rences"under!Section I —Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: • shall they reduce any other Designated Con- 1. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all;damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property 'damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits"brought; or c. Persons or organizations making claims or bringing"suits". • CG 25 03 05 09 ©Insurance Services Office, Inc., 2008 Page 1 of 2 0 • B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences"under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit,whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. • • • • . Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 03 05 09 0 POLICY NUMBER: 6000-0363 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage • provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated • below. • Named Insured:I Selland Construction, Inc. Endorsement Effective Date: 3/31/18 SCHEDULE Name Of Person(s) Or Organization(s): • Any Person(s)oil Organization(s)whom you have entered into a written contract or agreement provided that such was executed prior to an occurrence. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is • an "insured"for Covered Autos Liability Coverage, but only to the extent pat person or organization qualifies as an "insured"I under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business • Auto and Mot& Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. • • • • CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 • POLICY NUMBER: 6000-0363 COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY • AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless • modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Selland Construction, Inc. Endorsement Effective Date: 3/31/20 •• SCHEDULE Name(s) Of Peron(s) Or Organization(s): i Where required by written contract. • Information required to complete this Schedule, if not shown above, will be shown in the Declarations. • The Transfer Of Rights Of Recovery Against Others To Us 'condition does not apply to the . • person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior • to the "accident" or the "loss" under a contract with . • •• that person or organization. • • • • • CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1