06-030.00 Eller Corporation: Barker Improvements Boone to Spokane RiverCITY OF SPOKANE VAL��-Y— BARKER ROAD 1IMPROVEML.... _ a
-, AGRFEMENT FOR CONSTRUCTION SERVICES
Eller Corporation
THIS AGRi; EM ENT is made by and between the City of Spokane Valley, a code City of the Stale of
Washington, hereinafter "City' and Eller Corporation hereinafter "Contractor," jointly referred to as "parties."
1N CONSIDERATION of the terms and conditions contained herein the parties agree as follows:
L Work to Be Performed. The CONTRACTOR shall do all work and furnish all labor, tools,
materials, supplies and equipment for the Darker Road Improvement Project (hereinafter "work ") in
accordance with, and as described in Exhibit 1(Scope of Work), and 2004 Standard Specifications for Road,
Bridge and Municipal Construction of the Washington State Department of Transportation, which are by this
reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in
the work in accord with the Contract Documents.
The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto,
assume and be responsible for the cost and expense of all work required for constructing and completing the
work and related activities provided for in the Contract Plans and Contract Documents, except those items
mentioned therein to be furnished by the City of Spokane Valley.
The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to
commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to
review the scope of work, schedule, and time of completion. Upon notice from the 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 the City, all work shall be performed in conformance with the Contract
Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans
and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of
the highest quality materials, so that all work performed shall be in compliance with current related industry
standards.
2. Term of Contract. 'this Agreement shall be in hull force and effect upon execution and shall
remain in erect until working da vs followin the official Notice to Proceed.
/
The City may terminate this Agreement by ten (10) days' written notice to the other party. In the event
of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily
performed prior to the termination date.
Compensation. The City agrees to pay the Contractor:
[ *] a fee of
done under this Agreement.
or
Agreement for Construction Services
for the work, as full compensation for everything furnished and
Pagc 1 of S
C06 -30
CITY OF S POI AN E- V.4.xi ,;: T-B RKER ROAD IM PRO VEM! -,i"
[ *] on a time and material basis as set forth in Che attached bid up to a maximum foe 0 Ont:
mullion, six huladred sevc t - three thousand, nine hundred eighty-four dot tars and seyonC)±:- i2hi cents
($1.673,984.79) not including; applicable sales or use tax, as Full compensation for everything furnished
and done under this Agreement-
4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of
an invoice to the City, or in x lump sum, upon completion of the work. Applications for payment sha11 be sent
to the City Clerk at the below- slatod address,
The City reserves the right to withhold payment under this agreement which is determined, in the
reasonable judgment of the City [Manager, to be n on compl iant widi the Contract Plans, Contract Documents, or
City or State standards.
Notice. Notice Shall be given in writing as fol lows-
TO THE CITY:
Nzimc; Christine Bainbridge, City Clerk
Phone plumber- (5 09) 921 -1000
Address- 11707 East Sprague Ave -, Suite 106
Spokane Valley, VISA 99206
TO THE CONTRACTOR;
Dame= Kax`a.n Rinaldi ; Project
Phone Number, ( 509) 226 -013
509) 999 -5979
P_0. Box 117
Newman Lake, WA 99025
Mobil:
Address:
r i5
Manager
6. App tics ble Lyws and Standards. The parties, in the perforrnance : ofthis Agreement, agrou
to comply with all applicable Fcderxl, State and local laws, and City ordinances and regulations.
7. PrevaHini< Wanes on Prtblic Works. Unless otherwise requirW by Iaw, if this contract is for
a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary
maintenance executed at the cost of the City," the following provision applies=
This Agrccrricmt provides for the construction of it public work and a paymcmt of prcvaiIing
wag<cs according to Wash4ngton law- All workers, Iaborers or mechanics shall he paid a
prev€,iIing rate of wage that is set forth in an Exhibit Co this Agreement,
'BCR)M any payment may be made to Contractor a "Statement of intent io Pay Prevailing
Wages" must be submitted to the City. Following final acceptance of the public works
project, the Contractor and each subcontractor AaII- submit an "Affidavit of Wages Paid"
hef'ore retained funds ",iii he released to the Contractor - The affidavit must be certified by the
industrial statistician of the Department of Labor and Industries.
8- Relationship of the Parties. it is hereby understornd, agreed and declared that the Contractor
sha11 be an iadepcndcmt Con tractorand not the agent oremployeeofthe City, that Ilse C ity is interested in only
the results to be achieved, and that the right to control the particular manner, method and rn eat) s of the work is
solely within thu discretion of the Contractor. Any and all employees who provide services to the City under
this Agreement shall be deemed employees of the Contractor. The Contractor shall be solely respomdblu for
the conduct and actions of all employees under this Agreement and any IiabiIity that may attach thereto.
9- Ownership of Documents. all drawings, plans, specifications, and other related documents
prepared by (ho C"onvactor ut)der this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42 -17 or other applicable public record laws-
ASTLvm cn t 1br Construction Scrviccs Pagc 2 of 5
CITY OF SPOKANE VALLEY— BARKER ROAD IMPROVEMENTS
10, Reci}rdN. The City or State Auditor or any of their representatives shat I have full access to
and the right to examine during normal business hours all of the Contractor's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such rwords and to make audits ofa11 contracts, invoices, inateria]3, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
11. WILryanty. Unless provided otherwise in the. Contract Plans or Contract Documents,
Contractor warrants all work and materials performed or installed under th is Contract are free ftom defect or
failure for a period of one year following final acceptance by the City, unless a supplier or manufacturerh as, s
warranty for a gTeater period, which warranty shall be assigned to tbo City- in the event a defect or failure
occurs in work or materials, the Contractor shall within the warranry period remedy the same at no cost or
expense to the City.
12. Contractor to die Licensed And Randed. The Contractor shall be duly Iicemsed and bonded
by the Slate of Washington at all times this Agreement is in effect.
13, insurance. Turing the term of the contract, the Contractor shall maintain in force at its [awn
expense, the following insurance-
A- Workers' Compensation Insurance in compliance with RCW 5t.12.020, which
requires subject employers to provide workers' compensation coverage for all their subject workers and
Employer's Liability or Stop Gap insurance in the amount of $1,000,000.00;
it
B. GcnC7al Liabilily . fnsurance on an occurrence hasis with a combined single limit of
not less lhan $1,000,000.00 ouch occurrence for bodily injury and property damage- It shall include
contractual liability coverage for the indemnity provided under this contract. It shall provide that the City, its
ofGccrs, employees and agents are additional insureds but only with respect to the Contractor's services to be
provided under the contract;
C- Automobile UabiIity Insurance with a combined single limit, or the oquivalcnt, or not
less than S 1,000,000 -00 each accident for bodily injury and property damage, including coverage for owned,
h fired or non - owned vehicles: and
There shall be no cancellation, material change, reduction of limits or intent not to renew the
insurance coverages} without Urty (30) days written notice from the Contractor or its insurer(s) to the City-
As evidence of the insurance coverages required by this contract, the Contractor shalf furnish acceptable
insurance certificates to the City at the time the Contractor return s the s ignLd contract, The certificate shall
specify all of the parties who are additional insureds, and will include applicabic policy endorsements, the
thirty (30 ) day cancellation clause, 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 the City.
The Contractor shall be financially responsible for all pertinent doductibies, scif- insured retentions, and/or self-
insurance-
14. 1ndemniticubun and Hull )" Armless, Each party shall indemn iiy and 1101 the other, its
officers. cmployccs, agents, and volunteers, harmless from, and against, any and all claims, dernands, orders,
- -' decrees, or judgments For inj uries, death, or damage to any person or property arising or resulting from any
Agrcunuit fir Construction Su vitas Page 3 of
CITY OF SPOKANE VALLEY— BARKER ROAD IMPROVEMENTS
negligent act or omission on the part of said party, or its agents, employees or volunteers, in the performance of
this Agreement.
15. 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, shal I 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.
16. Assignment and Delegation. Neither party shall assign, transfer, or delegate any oral I of the
responsibilities of this Agreement, or the benefits received hereunder, without first obtaining the written
consent of the other party.
17. Jurisdiction and Venue. This Contract is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
18. Arbitration. All disputes arising under this Agreement shall be resolved through arbitration
pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of
Arbitration.
19. Entire Agreement. 'this written 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 and signed by the parties hereto.
20. Anti- kickback. No officer or employee of the 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 girt, favor, service, or other thing of value from any person
with an interest in this Agreement.
21. Business Registration. Prior to commencement of work, Contractor shall register with the
City as a business.
22. 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.
23. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services;
2. Insurance Certificates.
IN WiTNESS WHEREOF, the parties have executed this Agreement this 3rd day of April
, 2006.
CITY OF SPOKANE, VALLEY: CONTRACTOR:
Agreement for Construction Services Page 4 of 5
CITY OF SPOKANE VALLEY — BARKER ROAD IMPR °,VEMENTS
City Manager Owner Helen M. Eller
Tax I.D. No.: REDACTED
ATTEST:
- - ' /_ L 4, �,
City LCIerk
APPROVED AS TO FORM:
Office of Vie City AttoYney
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for Construction Services Page 5 of 5
1
ACORD. CERTIFICA 'i _'OF LIABILITY INSURA, _.,E
°ATE5/02106Y1
PRODUCER 509 -358 -3800
Acordia Northwest, Inc.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
POLICY NUMBER
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
601 West Main Street, #1400
LIMITS
Spokane, WA 99201
INSURERS AFFORDING COVERAGE
INSURED Eller Corporation
P.O. Box 117
INSURER. A: Employers Of Wausau
,
INSURER 8: Arch Specialty Insurance Co -
EACH OCCURRENCE
Newman Lake WA 99025
INSURER C:
x COMMERCIAL GENERAL LIABIUrY
INSURER 0: -
INSURER E.
I
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERPA OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE[) BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
E MlD
POLICY EXPIRATION
DA DD
LIMITS
/q
GENERAL LIABILITY
91- 545310015
9130105
9/30106
EACH OCCURRENCE
$ 1000000
x COMMERCIAL GENERAL LIABIUrY
FIRE DAMAGE /Any one lirel
11 300000
CLAIMS MADE 1 1 71 OCCUR
MED EXP IAnv ono perroN
s 5000
PERSONAL& ADV WJURY
0 1000000
GENERAL AGGREGATE
$ 2000000
GE.u•L AGGREGATE LUdrr APPLIES PER:
PRODUCTS - COMPIOP AGG
S 2000000
POLICY x I PROT• n LOC
A
AUTOMOBILE UABIUTY
X ANY AUTO
91- 545310025
9130105
9130106
COMBINED SINGLE Lit -ITT
IEe eociftnt)
s 1000000
BODCLY INJURY
/Per porsonl
S
ALL OWNED AUTOS
SCHEDULED AUTOS
BOD.LY INJURY
/Per accid anti
s
X HIRED AUTOS
X WON-OWNED AUTOS
- --
-
PROPERTY DAMAGE
IPrt accidentl
S
ri
GARAGE LIABILITY
EA ACCIOEIJT
S
LAONLY
EA ACC
S
ANY AUTO
IT
AGG
8
EXCESS LIABILITY
E00022001002
9130105
9130106
EACH OCCURRENCE
$ 4008000
-x1 OCCUR f-1 CLAIMS /.LADE
AGGRFGATE
$ 4000000
DEDUCTIBLE
8
S
X RETENTION 8 10000
A
WORKERS COMP6YSATION AND
1•
91- X45310015
9130105
9/30106
'!�'C STATU- OT;R
T RY 1IA41TS T
QMPLOYTjR$' UAflR,ITY
141A STOP GAP
E.L. EACH ACCIDENT
5 1000000
H.L. DISEASE - EA EMPLOYEE
$ 1000000
E.L. DISEAS-E - POLICY LIR41T
$ 1000000
OTHER
all risk incl quake & flood
A
Builders Risk
91- 545310015
9/30/05
9/30/06
$1,000,000 limit $1,000 ded
Installation kltr
I
I
quake/flood $25,000 ded
DESCRIPTION OF OPERATI ONSILOCATIONS IVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
RE: BARKER ROAD IMPROVEMENT PROJECT. PRIMARYMON- CONTRIBUTORY
ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF SPOKANE VALLEY:
CH2M HILL: SPOKANE COUNTY AND THE STATE OF WASHINGTON THEIR OFFICERS,
AGENTS AND EMPLOYEES PER ENDORSEMENT ATTACHED. WAIVER OF SUBROGATION
APPLIES AND CROSS LIABILITY APPLIES.
CERTIFICATE HOLDER I x ( ADDITIONAL INSURED: INSURER LETTER: CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
THE CITY OF SPOKANE VALLEY DATE THEREOF, THE ISSUING INSURER WILL aiMXXVXA)tO MAIL 45 DAYS wArr -TEN
ATTN: CHRISTINE BAINBRIDGE NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, KW)F7CIA1)eX)M(DS(SC!>� )0X0
11707 EAST SPRAGUE AVE #10
SPOKANE VALLEY WA 99206
ACORD 25 -S (7197) 17-47 0 ACORD CORPORATION 1988
ACORD CERTIFICAI OF LIABILITY INSURANCE
TM
WSR
L
I TYPE OF UCSURANCE
°ATE0113v IDD/YY)
4 03 06
PRODUCER PHONT24 : 509-358-3900
MARSH ADVANTAGE AMERICA
A SERVICE OF SEABURY & SMITH
PO BOX 2151
SPOKANE WA 99210
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
LNSURED ELLER CORPORATION
P.O. BOX 117
NEWNIAN LAKE, WASHINGTON 99025
I
INSURER A:
EMPLOYERS INSURANCE OF WAUSAU
INSURER B: ARCH SPECIALTY INSURANCE CO.
INSURER C:
INSURER D:
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT "ITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
WSR
L
I TYPE OF UCSURANCE
POLICY NUMBER
POLICY EFFECTfVE
ATE MhVDDJYY
POLICY EXPIRATON
DATE MM /DDryY
LIMITS
•
c NzRAL uAslurY
X COMMERCIAL GEN ERAL UABIUTY
CLAIMS MADE FRI OCCUR
91-545310-015
9/30/05
9/30/06
EACH OCCURRENCE
s 1.000000
FIRE DAMAGE (Any one fuel
s 5 0 0 0 0
MED EXP I.Any one person)
$ 5000
PERSONAL & ADV WJURY
0 1000000
GENERAL AGGREGATE
0 2000000
GEN'L AGGREGATE WAIT APPLIES PER:
POLICY X PE LOC
PRODUCTS - CO)APIOP AGG
0 2000000
•
AUTOMOIULE
LIAMUTY
ANY ALTO
ALL OWNED AUTOS
SCFIEDULED AUTOS
HIRED AUTOS
NDN M'NED AUTOS
91-545310-025
9/30/05
9/30/06
COMBINED SD.'GLE WAIT
(Ea a.eidentl
1000000
X
BODILY INJURY
L%r pczanl
8
X
BOOQLY INJURY
IPet actidentl
6
X
PRO..PERTY DAMAGE
[Per actidentl
GARAGE UABIUTY
ANY AUTO
AUTO ONLY - EA ACCIDENT
s
OTHER THAN EA ACC
AUTO ONLY: AGG
5
5
B
ExCEss I.IAsIUTYI�
X OCCUR IJ CLAIMS,MADE
X DEDUCTIBLE
R:TE1dT10N s 10000
EXU 0 0 2 2 0 010 0 2
9/30/05
9 3 0 0 6
EACH OCCURRENCE
s 4 0 0 0 0 0
AGIGREGATE
0 4 0 0 0 0 0
6
s
Xt�bl�`J32,YGstid�IlSe�C�X
EMPLOYERS' LIABILITY
91- 545310 -015
WASHINGTON
STOP GAP
9/30/05
9/30/06
TA STATUS Ocl+
E.L. EAC14 ACCIDENT
s 1000000
E.L. DISEASE - EA EMPLOYEE
$ 1000000
E.L. DISEASE - POLICY LIMIT
0 1000000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONS IYEHICLESIEXCLUSIONS ADDED BY ENDORSFMENTISPECIAL PRO%ISIONS
AS RESPECTS: BARKER ROAD IMPROVEMENT PROJECT. PRIMARY /NON— CONTRIBUTORY
ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF SPOKANE VALLEY, ITS
OFFICERS, EMPLOYEES AND AGENTS AND CH2M HILL PER ENDORSEMENTS ATTACHED
L.CIS 111"161A 1 C YYut urlF1 I A I ADDITIONAL INSURED; INSURER LETTER: H GANL:tLLA I ION
THE CITY OF SPOKANE VALLEY
ATTN: CHRISTINE BAINBRIDGE
11707 EAST SPRAGUE AVE. ##10
SPOKANE VALLEY, WA. 99206
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL D&MX16�Ef.VM MAIL 4 5 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDEN NAMED TO TILE LEFT,141N3Gi� dC X1�GD8N
AL'umu L5 -S ( /!y /1 0 EIACORD CORPORATION 1988
�.viy
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
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).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 -S (7197)
1rsued y
TIES EA'DOR.SEKEN''T CAA.I\GES TSE POLICY. PLEASE READ TT CAREFULLY.
Wausau EXPRESSsm Liability Endorsement
Thais enrs,- ne>it ra1D ilfies tnstFiance provided under tie o' in g:
CO1o.ERCLA.LGENER.ALLL Bl ITY COvERAGEPA.RT
I. Broad Pout Additional Insured
2. Waavcr of Right of Recovery by Wr tten Contract or Agreement
3. Duties in t;te Event of Occtnrence, Offense, Claim or Suit
4, Unintentional Error ar Omissions
S. SupplemientwT Payments
6. Two or More, Coverage Parts or Policies Issued by Us
7. Expt> -ted or Intended Injury from Reasonable Force
S. 1\ on -Owned W F tercraft
9. Linited Tenants Legal Liability
10. Bodily Lnju-y Redefined
11. Insured Contract Redefined
12. Personal and Advertising Injury Redefined
1. Broad Form Additional Insured
Paragraph 2. of SECTION II - WHO IS AN L•jSURED is amended to acid the following:
e. Additional Insured by Written Contract or Wrden Agreement
T'he following are insureds under the policy when you have agreed in a written cort-3act or written agreement to
provide them coverage as additional insureds under yo'',a policy:
(1) Lessors of Leased Equipnml: the persons) or ot-ganization(s) but only with respect to liability for "bodily
injury ", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenznce,
operation or use of equiptrtent leased to you by such persons) or organizat on(s).
With respect to the insurance afforded to these additional insured;, this insurance does not apply to any
"occurrence" which takes place ei<cr 111e equipment lease expires.
(2) Owners, managers, or lessors of premises or land: arty own5J. manager or lesSOr of preratises or land, but only
with respect to liability caused, in whole or in part, by the wx enhip, maintenance or use of that pa,-t of the
premises or land leased to you.
This insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to be a tenant in that prerrtises or to lease that land, or
(b) Structur -al alterations, new construction or demolition operations performed by or on behalf of the owner,
manager or lessor of that premises or land.
(3) Mo, gagees, assignees or receivers: any person(s) or organizations) A6t -, respect to their liability as mortgagee,
assignee, or receiver and arising out of the ownership, maintenance or use of your premises.
GL S66 Page 1 of 9
06-04
Thj, insirance does not apply to sL- UvtLral Literations, new Wnst- 'Coon and demolition Opea'adons per ortned by
37 r07 ziat ;): =r50n cr organization.
( <) .�Y p°ts+on Or OTganl�Etiori UTn�.:a L'7 an 6 1•JiP.t V�iiLre, tOf which vDil l- ia'.'e 2gree,� b \' \LR'iuen � ✓3n'.'aci 10 7TOCUre
"bodily irjW-y" or "-property dansage" liability insurance, but only for liability caused, in,-;'hole or in part, by
m.: aeons p --HorimtJ by you or on you behalf, provided that
(a) Tlvs subpara aph (4) does not apply to any agreement to provide insurance to:
(i) ; .n "eII?DlOyFre," 2SSOCiatrOri Of G'7h?1OyCes" or labor union, exempt wil}'k r GSpCtt t0 V'OrI: perfomed by OT
for you or for such "- `rriiployee," association Of 'employrxs' or labor union U'irer direct CAnl"dct l)GrkCGn
you" contactor and such "erilplOYCe,° association1 Of °tmployees" Or labor iRUOn as 0AMr-rs;
C'ii) Luny railro zA company except with respxi w work performed by or for you for such rilroad company
Lmdea direct contract or agi cement b-t =r, you and such railroad company;,
(iii) Any person or orgarazztion whose profession; business or occupation is that of ari architect, surveyor or
engineer with r espect tP liability arising out of-s`ie prepa ration or approval of maps, drawings, opinions,
reports, surt'ej5, charge orders, designs, specification or the performance of any other professionEi
services by such person or organization;
(iv) Any of your subcontractors, or qtly partner, officer, agent or "employee" of sucb subcontractor; or
(v) Anyone more specifically covered in subparagraphs e.(1) throw, (3) above.
(b) Tlie irisLU -Mr-e afiOTded to any person or oTganizcbon as an insured undeT this subparagraph (4):
(i) Shad include only the inss� mince th21 is reyuirad w be pro•ddsd by the term; of such agreement to
prociue insin- -anrcz, and glen only to the extent that such insur ance is included witMn the trxms of this
polity, and a person or oiganizaLon's status as an insured 'snider this endorsement ends when your
operations for that insured are completed; and
(ii) Do,--s not apply to "bodily injury" or "property darnage" included within the "productslcompleted
operations hazard" tmleSS such coverage is required by a=i "insw -ed contact" betve-c", you aiid the
aCidinoilal ins'AeL•
The limits of insurmce applicable to such insurance shall be u'1e IeSSeT of the limits required by the agTeetnent
bem,een the parties or the limits provided by this policy.
The in >-urahDt afforded to any person or organization as an insure-Ad under this subparagra-ph 2. e. doss not apply w
"bodily injw-y" or "property darnage" whim occurs prior to he dzte of your contract or wriftmn agreement with such
person or Organization.
2. Waiver of Right of Recovery by Written Contract or Agreement
We waive any right of recovery because of payments -we mule for injury or damage arising out of your ongoing
opcntions or "your work" included to he "products - completed operations hazard" that we may have against any person or
o7mnization with whoin You have agreed, in a wrincri con. act or agreement made prior t0 `she daze of the "occurr enoe," to
waive your rights of recovery from such p °rson of orparl2ation, but only for pa- yrneris mace !'md °r the policy and
resultirig i oin that contract_
3. Duties in the Event of Occurrence, Offense, Claim or Suit
Paragr-ap h 2. of SECTION Tip - COA,),,SRCL L GEI,,TRkL LL4Br._ TY CONDITIONS is del -t-d and r.-placed ,Vjh the
hollo'w'ing:
GT 0566 Page 2 of 9
GS -01,
2. !�t!ue5 i:i the ?rVerit Or �GtLti'Ci CflCt, (�E7PN':Se, CjaiS?i D? Shit
2. YOU, your insuranGt 72.11ger or any ot-M Person you desi�giatt must set to it that 'A-!, or 0u; authorized agents,
are notified as soon as reasonably possible of an "Ocz;uai once" or offense 'd'}i1Cli may result in a Ginnie. NorJC4
shou)d include:
( I ) flow, %v hen and u-hert the "oeru;ence" or off en s° took place;
(2) The names and: add. -tssts of any ir,jt:red persons and, witnesses; a_nd
(3) The T.arilre and location of any injury or damage arising out of the "on'i wTence" or offense.
Kno'•vledge of an "or -uri mm" or offense by your agent, servant or "employee" is not considered knowledge by
you unless your insurance manager or other designated person has receive, notice from yow- agent, servant or
"empl oyte."
b. If a claim is made or "suit" is brought against any insured, you must:
(1) Immediately record the specifics of the claim or "suit" and the date received; and
(2) \otify us as soon as reasonably possible.
If you report any "occurrence", offense, claim or suit to your worke , compensation or automobile liability
insurance carrier and the "orcurrenu% offense, claim or "suit" letu develops into a claim under this policy,
Qilure to report such "occut-rcnce ", offense, claim or "star" shall not be considered a violation of this condition.
However, as soon as you btcome aware that the particular "occurrence ", offense, claim or "suit" is a eommtrcial
general liability Claim Or "suit ", you must give prompt noFiuCation to us.
c. You and any other involved insured must:
(1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection
' ie claim or "suit ";
(2) Authorize us to obtain records and other information;
(3) Cooperate with us in the investigation, settlement or defense of the claim or "suit"; and
(4) .Assist us, upon our request, in the enforcement of any right against any person or orgaiiization Which may be
liable to the insured because of injury or damage to which this insurance may also apply.
d. No insureds will, except at their own cost, voluntarily make a payrnzni, assume any obligation, or incur any
expense, other than for first aid, wit;'iout our consent
4. Unintentional Errors and Omissions
Any unintentional error or omission in the description of or failu -e to completely describe, any premiss or operations
intended to be covered by this Commercial General Liability Coverzge Part will not invalidate or affect co,.!rage for those
premises or operations. However, you must repo—,, any such error or omission to US as Soon as reasonably possible after its
discovery.
5. Supplement.ar)' Pa)'ments
Paragraphs ).n. and ) .d. of SECTION I - SU' PL£AENTAi2Y PAYMENTS - COVERAGES .A AND 3 art deleted and
replaced with the following:
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b. tip io S�000 foT the cost of bp-fi LxnL r u:rod 4 l--Lme of aaG!ocnt- vi T*a,-)c 1 €w ,� G1ZZ�oO -S ar.s;nD ouI Of Lh}t i1;e of
2rjy vchicie to Ai d r uc Bodily InjiTy s ibi]ity Coverage applies- We flo not he,'e VD f�,�ish these boos.
CL. A +1 reUC. -L ale cxpeil ses inc.Lrre3 -Dy the LlSU; N- 2-k oLr T?,[:Ut r4 ;.o ns!si u in tba i, v t a`}vrt ar v;ensc of -LhM tl _ a
Or "Fu '," iniiudirlg zonal ID&S of tlMirtg9 'P =0 $500 8 d`-y bt�UL e Gi tim8 Off tr4Te "Work.
6, T3Wo or Mora C over 2-ge Parts or Polio €es Issued by Us
!f Loy G)airn W "P—,W, u-iSina OL't Of IM IoGCL1rT 4fT03S° C`JVE� IlI76V CO,;reMCe P22Z l5 aL D SUb)e"�t t7
cov�rar- Iuldu any U`,er Covyraee Part or policy issued �y Is Or ay any crrnany affil iLted UdLh L'S, IhC total Maxi rwin
limit of 1iabiliry 1-ndtr ail U verzge Parts or poli6w shall no; exceed the 1- g', iest applicable iimil of IiTbilir), undu =y one
Covera-¢e pail or policv- Phis —)di ocss riot apply to any Coveige Part cr pQ1icy that is spBri5uE.1ly issued za P -Xcess
i Sli �nCe 03 —,r thi5 Covc YPC Part.
I, Zypected or Ili teoded injury fro Reasonable Force
PL -agmph 2 -2- of SECTION I - COVERAGES, COVERAGE A - BOD11-Y INJURY AATD PROPERTY DA?.CAGB
LIABILITY is dclo[A ant} replac-ed uri;h the following;
2. ExGlusipns
This ins ;=e do ° -S not apply to;
a. Expected Or Ln,m-kdtd Iirjury
"Bodily injury, or "praperN damage" cxpmted or intended from the stapdppiDf ❑f the i)iwTed. This exriu�iort
does nDt apply to "bodily injury" oT `pTOprrty dt<rnage^ reselling from the use ofrea54FizUle fora p -0 W
PEPSOFIS ❑r oropefty,
8, - ion- ow1ied Watercraft
1 am&rap h 2.g - (2) of SECTION I - CO ERACES, CO EF kGE A - BODILY NJT RY .k .0 PROPERTY DA1,CkGE
UA.B Y FTY is deletyd an replat-ed with ;he Toll o ,4iic:
(2) A waiercraii you da rl❑t oum 1Lt is:
(a) Less than -oT Equal to 50 feei `rn IengLb; or
(b) Nv b °ing Used to tarry pC -sons Or property for a charge.
9, Lim €ted Tetsaats Ucral L!abiUty
.4. The Damage, To Prcmiscs P Gntod To YoL Urn'st shown cm tie Declambons is rhLRZcd so the Limited Tenants Legal
L'p abiii-, >! irr;t and is :he neater of titre amount shown ar $300,000.
B- Puagrap,i 6- of SECTION 111 - ><I}Y ES OF Ti LSU1P-ki'CE is deltrtcd and repiaced v; ilh the folI13wing.
6, t1bjeC! I❑ S €b❑ T, the Limited Tenants Legal Uabiii�.-y Urnit is the most we •&ill pay uno-�T overaP° A for
damages btr=ne of " ,proputy dLma- -ggale to prEmisn F- c:6 to yiYL4 as a rent% r
t Of an "ocni mcz" C €1 W loy fire,
IIghtning, explosion, srrokc, leakage frarn f, e prote,:�.��ra sye'.euts, 07 apy CQMpjn�tiorr tb reoi.
Parzgraph 4.b . (l )(b.) of SECTION} TV - G035'f * ERCL4L GE7,T -R 4L LILABD -1 iY CONDMONS is 60 --ted and
reply -°o wi,h tn° fol1QwSng,
fiaLO566 Pa,, -c 4 of 4
06 -04
(b) d t :ol is insurance- for pr ruses rented to you or d=age to such pre -rises resulcS- Turn Fire, ligh ts- inn,
explosion, smoke, ieavage Porn fire protective systems, or any conbirtation the,, -eof.
D. ih: la sl paragraph of SECTION I, COVERAGE A (afic= the exclusions) is deleted and. replaced with the follo•::ing:
Exclusions c. through n. do not apply to damage by fire, lighming, explosion, smoke, le =k_ge frorn ;ire protective
systems, or any combination ti',ereof to prernises while rented to you A separate limit of irs °.0 -L,ce applies to t°b-
czverage as dcsrribed in SECTION I11- LaUTS OF ?.SU-RANCE.
10. Bodily Injury Redefined
Paragraph 3. of SECTION \1 - DEFTrtT -'IONS is deleted and replaced with the following:
3. "Bodily injury" means ph}sical:
a. Injury;
b. Sickness; or
c. Disease;
Sustained by a person, including death, humiliation, mental anguish or mental injure which directly results Toni the
physical injuuy, sickness or dise-ase.
11. Insured Contract Redefined
Paragraph 9. f. of SECTION V — DEFT1,7TTIONS is deleted and replaced with the follo• »wing:
f. That part of any other contTwt or agreement pertaining to your business (including &-i indemnification of a
municipality in connection with work performed for a tnunicipal4y) under which you assume the tort liability of
another party to pay for Moodily injury" or "property damage" to a third person or organization, provided the "bodily
injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability
means a liability that would b= imposed by )aw in the absence of any contract or agreement.
Paragraph f. does not include that part of any contract or agreement:
(1) That indernnifirs a railroad for "bodily injury" or "property damage" arising out of construction or demolition
operations, within 50 feel of any railroad property, and affecting any railroad bridge or trestle, tracks, road- b 5ds,
tunnel, underpass or crossing;
(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving, or failing to prepare or approve, maps, shop dra,a,ings, opinions, reports, surveys, ,eld
orders, change orders or dTwings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury, or dar*_lage;
or
(3) Under which the insured, if zn Erchitect, engineer or surveyor, assumes liability for an injury or damage arising
out of the insured's r=dt=g of failu: a to render, professional services, including those listed in (2) above and
sup- ,niso —y, inspection, architectural or engineering activiaes-
12. Personal and Advertising Injury Redefined
Paragraph 14. of SECTION V - DEFINTFIONS is amended to add the following:
G1,0566 P_ge 5 of 9
06 -04
l]. DiscTij -F?nation against a natuzl person on the aasis of race, Co10r, Gt.Mic o-gin, gm6er rr rell E"io7, but only if suc !
disc:rirr, naL D-Fi is not:
(l) At the dirvdon of or wish tie knvwi�,dge or C*nscnt of;
(a) You;
(b) Your spouse, if you are an indMdual;
(c) Your members or your partners and their spouses, if you we a partnership o- joint venture; or
(d) Your "cxervtive ofL,c^..rs" and directors and your stoclaholders, if you are a or
(2) Directly or indirectly related to the ampio)r�en� prospective cmplo-yment or ternioalion of 2, ,Iy f erso-,I.
OL0555 . Page 5 of S
06 -0t
04/03/2006 MOO 12:28 FAX 509 226 1332 ELLER CORPORATION
BOND N►O: 6336113
CONTRACTOR'S pERFO CE AND PAYAMNT BOI D TO DUAL OBLIGEES
KNOW ALL MEN BY THESE PRESENTS, that ELLER CORPORATION
Z006/007
(Contractor), as Principal, and SAFECO INSURANCE COMPANX OF AMi±RICA
a corporation of Washington. (Bonding comp .Any), as Surety,
"—�
Seattle, Washa.n _� wlrase principal office is loc`nted at,
ton
%rnly bound unto the State of Washington and the City of Spoknne Valle arc the State of Obli gees, to fulfill the obligations of the Principal and the Surety under the Contract to which Washington, ishereafl mahington, amottrnt of
S 1,816,273.49
bind ti�enaselves, tlaair heirs, executors, administrators,
(including c�vo a �ron State sales tax) for payment w icit6fPriacipal and Surety
Sts jointly and Severally, firmly by tl,cse presents.
WHERLAS. Principal has by written proposal dated`farch 10, 2006
Spokane Valley for Contract No. _ off=d to enter into a Contract with the City of
April 3,:,2006 For the BARKER ROAD Improvement to the terms ntd conditions Project. set fon6 in the-Contract Documents dated
NOW, THEREFORE, the condition of this obligation is mach that if the Principal shall faithfully perform all she provision, of the
Contract on its part, and pay all laborers, mechanics, subcontractors and matrrial
persona or subcontrat tors loth Provisions and trupplies for the c sup liens, and all persons who supply such person or
oan all loss, cost or damage which it may suffer by reason of the failure to do ens of the fore �m�� and hold harnilc,`s the Obligees
void; odit"Ase it shall remain in full force and effect Virg• then this obligation shall be null and
All faction who have o nishetl labor, materials or suriplies for use in and about the work provided for in the Contract shall have a
direct right of action under this bond, to the extent and is dr. manner set forth in RCW 39.08,
The said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the Contract or to the WORK to be prsfonncd iheraunder or the SPECIFICATIONS accompanying the same shall in any way
effect its obligation t this BOND, and it.docs hereby waive notice of any such change. extension nf time, alteration or addition to the
temps of the Contract or to rise WORK or t6 the; SPECIFICATIONS.
No final settlement hetWien the NVN'ER and the CONURACTOR shall abridge tiac right of any beneficiary hemwider, wbc.,sc
claim maybe unsatisfied.
SIGNED AND SEALF„ D `rMS 4th riAY OF April
YEAR 20 06 .
Safeco Insurance • mpariy of America
Eller Corporation
S Y
FR NCEPAL
Signature,
L ois Stewart Signature
Name
Typed same
Attorney —in —Fact Typed Name
President
Title
eop�—
,r'i7ir♦a POWER
OF ATTORNEY
No. 946
KNOW ALL BY THESE PRESENTS:
Sateco Insurance Companies
PO Box 34526
Scottto, WA 98124 -1526
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each
hereby appoint
" "'�••'1YM. DINNEEN; KATHY GURLEY"; CHRIS LARSON; H. KEITH IMCiIALLY; DALES MOUA; GEORGE C. SCHROEDER; LOIS STEWART;
W. W. WELLER; Spokane, Washington *****.*.*.*.*.*.#
its true and lawful ottomey(s }in -fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar
character issued in the course of its business, and to bind the respective company thereby_
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested those presents
this -20th day of lulu
2005
0--W dckj
STEPHANIE DALEY- WATSON, SECRETARY
CERTIFICATE
A4e��
MIKE PETERS, PRESIDENT, SURETY
Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
'Article V, Section 13, - FIDELITY AND SURETY BONDS ._. the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as atfomeys -in -fact or under other appropriate titles with
authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its
business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority
or on any bond or undertaking of the company, the sea], or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided,
however, that the seal shall not be necessary to the validity of any such instrument or undertaking.*
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
p) The provisions of Article V, Section 13 of the By -Laws, and
(ii) A copy of the power- ol- attomey appointment, executed pursuant thereto, and
(iit) Certifying that said power- of- attomey appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley- Watson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do
hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued
pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
11.111
�-
�Wr�
SEAL ?
SEAL
\z1953 le2�
z vrt 'eofWa� i
S- 09741DS 4/05
4th
day of April , 2006
T
q
STEPHANIE DALEY-WATSON, SECRETARY
Safem and the Safeco logo are registorod trademarks of Safeco Corporation.
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