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06-052.00 Spokane Rock Products: Dishman Mica Overlay ProjectAGREENMEN`I' FOR CONSTRUCTION SERVICES Spokane Rock Products, Inc. THiS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Spokane. Rock Products. Inc. hereinafter "Contractor," jointly referred to as "parties." 1 \t CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The CONTRACTOR shall do all work and furnish al I labor, tools, materials, supplies and equipment for the Dishman -Mica Road Overlay Project Improvement Project (hereinafter "work ") in accordance with die contract provisions and plans and 2006 Standard Specifications For Road, Bridge and Municipal Construction of the Washington State Department of Transpot1ation, 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 CONITRACTOR 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 Plants 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 wort: performed shall be in compliance with current related industry standards. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until the job is finished, or on September 18, 2006- which ever occurs first. 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. 3. Compensation. The Contractor agrees to perform all of the work described in the contract documents per the unit prices in the bid proposal for an estimated sum of 571,000.00. 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below- stated address. Agreernent for Constriction Services Page i of 5 ( 1 C06 -52 The Cite reserves the right to withhold payment under this Agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. Notice. Notice shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone Number: (509) 92 1 -1000 Address: 11707 East Sprague Ave., Suite 106 Spokane Valley, WA 99206 TO TH:E CONTRACTOR: Name: Paul Hatfield Phone Number: 509- 244 -5421 Mobile: Address: P.O. Box 3808 Spokane, WA 99220 6. Applicable Laws and Standards. The parties, in the performance of this Agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailing Wages on Public. Works. Unless otherwise required bylaw, 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 Agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this /Agreement. Before any payment may be made to Contractor a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be 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 understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the work is solely within the 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 responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under 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. 10. Records. The City or State Auditor or any of their representatives shall have frill 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 contrite(. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. Agreement for Constniction SeMoes Page 2 of 5 H. Warr n . Unless provided otherwise in the Contract flans or Contract Documents, Contractor warrants all work and materials performed or installed under this Contract are free from defect or failure for a period of one year following final acceptance by the City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this Agreement is in effect. 13. insurance. During the term of the contract, the Contractor shall maintain in force at its own expense, the following insurance: A. Workers' Compensation Insurance in compliance with RCW 51.12.020, 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; B. General Liability Insurance on an occurrence basis with a combined single limit of not less than $1,000,000.00 each 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 officers, employees and agents are additional insureds but only with respect to the Contractor's services to be provided under the contract; C. Automobile Liability Insurance with a combined single limit, or the equivalent, or not less than $1,000,000.00 each accident for bodily injury and property damage, including coverage for owned, hired or non -owned vehicles; and 'there shall be no cancellation, material change, reduction of limits or intent not to renew the insurance coverase(s) without thirty (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 Contactor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable 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 deductibles, self - insured retentions, and/or self- insurance. 14. Indemnification and Hold Harmless. Each party shall indemnify and hold the other, its officers, employees, agents, and volunteers, harmless from, and against, any and all claims, demands, orders, decrees, or judgments for injuries, death, or damage to any person or property arising or resulting from any 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 ofeither 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 for Co6sUUctiou Services Page 3 of 5 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. Assienrnent and .Delegation. Areit:her party shall assigm, 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. 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 Suite 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 gift, 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 uiy 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 ofany other section, sentence, clause or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Contract Provisions and Plans for Construction of Dishman -Mica Road Overlay Project, 8`1' Avenue to Appleway Avenue 2. Bidders Packet submitted at bid opening on,Like July 7, 2006, 11:00 a.m. Agreement for Construction Scrvicrs Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement this l `f day of July, 2006. CITY OF SPOKANE VALLEY: City Manager ATTEST: KI i f Clerk CONT OR: Owner Tax I.D. No.: --.REDACTED _ APPROVED AS TO FORM: Office of th ity Attorney rhasdocument contains confidential tax information and 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 07/1i;-200G 11:44 50924421 S5 SPD<Af,,E ROCK HAVANA Scm, CIF ova� 0: valley PAGE G9 104730002 CONTRACTOR'S PERFORNTANCF, ANA PAYiviF,NT BOl`1n TO DUAL ORLIG ✓E,S Ki• IOW ALL MEN BY THESE PRESE'``TS.6at Spokane hock Products, Inc. � (Contractor), as Principal, and �raye1 t?rS Ca ,u' v and Surety ompatly of nAi ompanyl. as Surd}', a corporation of Connecticut , whose principal office is located at Hartford, Connecticut sit family bound unto the State of Washington And the City of Spokane Valley, a political subdivision the State of Washington, as Obhgccs. to fulfill the obligations of the Principal and the Surety under the Contract t4 which reference is hereeftcr made, in the amount of S 71,000-00 (including Washington Statc salts tax) for payment wha'oof principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. W`14EREAS, Principal has by written Proposal dated July 7 , 2006 offered to enter into a Contract with the City of Spokane Valley for Contract No. pursuant to the terms and co,tditions set forth in the Contact Documents dated July 7, 2006 Dishman —Mica Road Overlay Project NOW, THEREFORE, the condition of this obligation is such that if the Principal shall faithfully perform all the provisions of the Contract on its part. and pay all laborers, mechanics, subcontractors and material supplier-, and all persons who supply such person or persons or subcontnctors with provisions and supplies for the carrying on of such work, and indemnify and hold harmless the Obligees from all loss, cost or damage which it may .wffcx by reason of the failurt to do any of the foregoing, then this obligation shall be null and void; otherwise it shall remain in full force and effect. All persons who have furnished labor, materials or supplies for use in and about the woric provided for in the Contract shall have a direct right of action under this bond. to the extent and in the manner set forth in RCW 39.08. The said Swcty forvaluc received hereby stipulates and agrees that no charge, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed thtrettnder car the SPECIFICATIONS accompanying the some shall in arty wiry affect its obligation on this BOND, and it does heretry waive notice of any such change, cctension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. No final setdcmcnt between the OWiNTER and the CONTRACTOR shell abridge the right of any beneficiary hereunder. whose claim may be unsatisfied. SiGNED AND SEALED Ti-flS 11, thDAY OF July _ YEAR 20 06 . Wal and Surety Compan SURSig F.rin L. Reepp Typcd Name Attornev -In —Fact Title. (SEAL) u PR (N AL Si rt �ZJ� Typed Name Title WAANI? 7-- Its POWER OF ATTORNEY IS INVALID WITHOUT THE P -.^ ROSDER ST PAUL 1"IDWER of ATTORNEY ri TRAVELERS Farmington Casualty Company St. Paul (.; uardian Insurance Company Fidelity and Guaranty Insurance Company tit. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company or America St. Paul Fire and Marine Insurance Company United States Fidelity and Ct un►nty Company Attorney -fin Fuca No. 214692 Cerlifrc:te No. 000260821 KNOW AIA.. MEN BY THESE PRESI.N` FS: That Seaboard Surety Company is a corporation duly organized under the laws of the Stoic of New Yot3:, th :u St. Paul Fire and Marine Insurance Company'. St. Paul Guardian Insurance Company and St. Paul Nlcrcury Insurance Contpmny mm corpnrations duly Organized under the laws of the State of Minnesota, that Fanningion Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America arc corporations duly urcanized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of ,Maryland, that Fidelity and Guaruty 111SLMIRCC Compn), is it corporation duly organized under the laws of the Slate of Iowa, and that Fidelity and Gummy lttsurctnCe Underwriters, Inc. is it corporation duly oig.mized under the laws of the Suite. of Wisconsin (herein collectively culled the "Companies "), and that the Companies do hereby make, constitute and appoint Pamela L. Thurman, Glenda Simonson, Jacqueline F. Hernandez, Johanna E. Zerb, Patricia J. Hayes, Charles E. Hudon, Neal Smiley, and Erin L. Repp of the City of Pasco State of Washington , their uue and lawful Atiorncy(s) -in -Pact. each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds. recognizances, conditional undetalings and other writings obligatory in the nature thereof on behalf of the Companies in their business of aranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required Or peat; 1 ed'in any-actions or-proceedings allowed by law. 22nd IN �1'I'1'N'�,SS N'FIN;RI'()1', the Cump t jLave caused this ins �ott <i' i6nr�[Itutd Iht:uyoo rate seals to be hereto affixed, this day of C �� r ���°�� . Farminl ton Casualty Cy in n1 ty 3 St. Paul (:: uardian Insurance Company ' \\ ' Fidelity and Guarantydusurance "ompany tit. Paul Mercury Insurance Company Fidelity and Cuuranty insii-ranee Undcrwr\iters, Inc. 1'rarelers Casualty and Surely' Company Seaboard Surety Company Travelers Casualty and Surely Company of America St. Paul Fire and ,Marine Insurance Company United Stales Fidelity and Guorrnty Company d��. .f x j £o.00e,.�'n � °reyfpp.a�r�t�i• � �'�yqc� � ti? �19SSS n w�atED 927 � 7 �' Z' -.. � a M.1FiFOFD, ttt9M1'GR'A 5 •'' �f � <Qr..F_Nr fie.. ,, iy'.� i�o..';'�a ��. .r'� � ��i1 lANa' State of Connecticut City of Hartford ss. 13}': c' ,rga tV ' Oat}UUn. Sea' t. Vic .President 22nd February 2006 On this the day of , before me personally appeared Girding W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company. Fidelity and Guaranty Insurance Comp:uny, Fidelity and Guaranty Insurance Unde »vritem. [tic.. Seaboard Surety Company. St. Paul Fire tied Marinc Insurance Company. St. Paul Guardian Insurance Company. St. Paul N-lencttry Insurance Company. Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United Slates Fidelity and Guaranty Company, and that he, as such. being authorized so to do,exccutcd the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authotized officer. G•T� In Witness Whereof, l hereunto set my hand and official seal. � My Commission expires the 3fhh day of June, 2006. � AtIBL�O t 58440 -9 -05 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY WITHOUT THE RED W w" 1`9nrie C. Tctreault. Votary Public WARN M� -'f THIS POWER OF ATTORNEY IS INVALID WITHOUT THE -' = : BORDER This Power of Attorney is granted under and by tl!, rarity of the following resolutions adopted by the Board:. `Irectors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and ,Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company. Travelers Casualty and Surety Company. Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company. 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 Attomcys- 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 tmay prescribe to sign with the Company's name and seal with the Compcury'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 hire or her: and it is FURTHER RESOLVED. that the Chairman, the President. any Vice Chairman, any Executive Vier. 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 obligatary 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 Vioe President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary or Assistant Secretary-, or (b) duly executed (under seal, if required) by one or more Attomcy's-in -Fact and Agents pursuant to the power prescribed in his or her oettificate. or their certificates of authority or by one or more Company OHMS 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 Sceretarics or Anomeys -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 cert.1ficate. bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and nary such power so executed and certified by such facsimile signature and facsimile seal shall he valid and binding oat tine Company in the future with respect to any bond or understanding to which it is :matched. 1, Kori M. Johanson, die undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc.. Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insumnee Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surct }, rCbmNnv,o`fyAmerica --and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is awe and correct copy of the Power-`f Attomsy cxe 6c cd by s id"Compa nies, which is in full force and effect and has not been revoked. v s LV TESTBfONI' WHkRF,(:)F, I have hereunto set my hand aQVI ffixd tthh - ea)s of siidlC meanies this 11th day of July 20 Lfi a Kon M. Johams . Assistant Secretary G►3U� v9irry `µa a ��..LMT sws r �� 9S - ii n ,�9%% 57� � . ca ►C.1�rnm ��wA� ��� � 9� w' ►� 1951 w� � � `o. ?a \5 E A Leto 3's�S 81L� e° tdty Eo � oxt, rr � q To verify the authenticity of this Power of Attorney, call I - 800 -421 -3880 or contact us at wwwstpaultravelersbond.com. Please refer to the Attorney -In -Fact number, the above -named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER AC-OR-P. CERTIFICAI�OF LIABILITY INSURA!` -11E 0f /11 /z 61 PRODUCER (509) 545 -3800 Conover Insurance, Inc. 1804 W. Lewis St . P.O. Box 2528 Tri- Cities, WA 99302 FAX (509) 547 -7960 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 NAIC # INSURED Spokane Rock Products, P.O. Box 3808 Spokane, WA 99220 Inc. GENERALUABILIYY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR INSURERA: American States Insurance Company 01/01/2006 INSURERS: Insurance Company of the State of PA INSURER C: DAMAGE TO REWT'E0 INSURER D: WED EXP I.Any one person) INSURER E: PERSONAL R ADV INJURY COVERAGES 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 AMY 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. INSR ADD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERALUABILIYY X COMMERCIAL GENERAL LIABILITY CLAIMS MADE M OCCUR 01CG69716420 01/01/2006 0110112007 EACH OCCURRENCE 1,000,000 DAMAGE TO REWT'E0 $ 200 000 WED EXP I.Any one person) $ 10,000 PERSONAL R ADV INJURY ; 1,000,000 GENERAL AGGREGATE 5 2,000,000 OENL AGGREGATE LIMIT APPLIES PER: POUCY X PE LOC PRODUCTS - COMPiOP AGG S 2,000,000 A AUTOMOBILE LIABILITY ANY AUTO ALL OVINED AUTOS SCHEDULED AUTOS HIRED AUTOS NON.OVlNED AUTOS 01CG69779020 01/01/2006 0110112007 COMBINED SINGLE LIMIT (Ea a d0cm) 5 1,000,000 X X BODILY INJURY (Por person) 5 X X BODILY INJURY (Per accident) S X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER TITAN EA ACC AUTO ONLY: AGG $ $ B EXCESSIUMBRELLALIABILITY X OCCUR E-1 CIA 14S MADE DEDUCTIBLE RETENTION $ 43063802 01/01/2006 01/01/2007 EA.CH000URRENCE $ 9,000,000 AGGREGATE $ 9,000,000 s $ $ A WORKERS COMPENSATION AND EMPLOYERS• LIABILITY ANY ICER ! EMBER EXCLUDED? EWT If y05. doscrac Undcr SPECIAL PROVISIONS DE:IpN OICG69716420 WASHINGTON STOP GAP 01/01/2006 01/01/2007 VJC STATU- X ER ' LUr,,TS E.L. EACH ACCIDENT' $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES I EXCLUSIONS ADDHD BY ENDORSEMENT! SPECIAL PROVISIONS e: Project No. 06 -013, Dishman -Mica Road Overlay Project. City of Spokane Vallue, its officers, employees and agents are additional insured per attached blanket Form #CG 86 74 10 02. SHOULD ANY OF THE ABOVE DESCRIBED POLICBES BE CANCELLED BEFORE THE EXPDRATION DATE THEREOF, THE ISSUING INSURER N'ILL4 N10eW*@A0ftMML City of Spokane Valley 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 11707 E. Sprague Avenue Suite 106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE Neal Smile /JACKS ! l� ACORD 25 (2001108) © ACORD CORPORATION 1988 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 terns 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 (2001108) SAFECO° COMh4ERCIAL GENERAL LIABILITY CG 86 74 10 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL UABILt1Y COVERAGE PART SCHEDULE Name of Person or Organlzation: • • DUTY TO DEFEND' Paragraph a. of SECTION I — COVERAGE A and COVERAGE B is replaced by the hollowing: a. We will pay those .sums that the insured be- comes legally obligated to pay as damages because of "bodily injury ", 'property damage" or `personal injury and advertising' injury" to which this insurance applies. We grill have the right and duty to defend the in- sured against any "suit" seeking thase dam- ages. Our duty to defend begins once you notify us of a "suit "" as described in SEC- TION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS, 2.b. However, we voill have no duty to defend the insured 'against any "suit" seeking damages for "bodily injury ", "property damage", or "personal injury or advertising injury" to which this insurance does not apply. We may, at our. discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION 111 — LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under COVERAGES A or B or medical expenses under COV- ERAGE C. No other obligation or liability to pay sums or perform acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS - -COVERAGES A AND B., EMPLOYERS LIABILITY The last paragraph of exclusion e. of SECTION I — COVERAGE A is replaced by the following: This exclusion does not apply to liability assumed by the insured under an "insured contract" ex- cept for that part of a contract or agreement that indemnifies any person or organization for their sole liability. 0 A regloscmd mdamnrk of SAP ECO Carporo, fan CG 86 74 10 02 Page 1 of 5 EP WRONGFUL EVICTION (3) The maintenance, operation or use by you of equipment leased lo you by such The following exclusion is added to SECTION I — person or organization, subject to the COVERAGE B: following additional provisions: The wrongful eviction from, wrongful entry into, (a) This insurance dogs not apply to or invasion of the right of private occupancy of a a any occurrence which takes place room, dwelling or premises arising out of any: after the equipment lease expires; (1) "property damage" to the room, dwell- (b) This insurance does not apply to psole ing or premises; or damalge" aris ng outr of the (2) "bodily injury" sustained through occu- negligence of such person or or- pancy of a room, dwelling or premises. ganization; (4) Permits issued by any state or political ADDITIONAL INSURED -- BY WRITTEN CON- subdivision with respect to operations TRACT, AGREEMENT OR PERMIT, OR SCHED- performed by you or on your behalf, ULE subject to the fallowing additional pro - vision: The following paragraph is added to SECTION 11 — WHO IS AN INSURED: This insurance does not apply to "bodi6 ppY Y injury,' "property damage," "personal 5. Any person or organization shown in the Sched- and advertising injury" arising out of op- ule or for whom you are required by written con- erations performed for the state or tract, agreement or permit to provide insurance municipality; is an insured, subject to the following additional c, The insurance with respect to any architect, provisions: engineer, or surveyor added as an insured a. The contract, agreement or permit must be by this endorsement dues not apply to in effect during the policy period shown iri "bodily injury,' "property damage," the Declarations, and must have been exe- "personal and advertising injury" arising out. cuted prior to the 'bodily injury," 'property of the rendering of or the failure to render damage," "personal and advertising injury." any professional services by or for you, in- b. The- person or organization added as an in= eluding: sured by this endorsement is an insured only (1) The preparing, approving, or failing to to the extent you are held liable due to: prepare or approve maps, drawings, (1) The ownership, maintenance or use' of opinions, reports, surveys, change or- that part of ;premises you own, rent, ders, designs or specifications; and lease or occupy, subject to the following (2) Supervisory, inspection or engineering additional provisions: services. (a) This insurance does not apply to d. This insurance does not apply to `bodily any "occurrence" which takes place injury" or 'property damage" included within after you cease to be a tenant in the "products- completed operations haz- any premises leased to or rented to and R . you; . (b) This insurance does not apply to e. A person's or organization's status as an in- sured under this endorsement ends when any structural alterations, new con- your operations for that insured are com- struction or demolition operations pleted. performed by or on behalf of the person or organization added as an f. No coverage will be provided if, in the ab- insured; senca of.this endorsement, no liability would (2) Your .ongoing operations for that in- be imposed by law on you. Coverage shall be limited to the extent of your negligence sured, whether the work is performed or fault according to the applicable principles by you or for you; of comparative fault. Page 2 of 5 g. The defense of any claim or 'suit" must be tendered as soon as-practicable to all other insurers which potentially provide insurance for such claim or 'suit". h. The insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract, agreement or permit. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of SECTION I — COVERAGE A is re- placed by the following: g. "Bodily injury' or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft ownud or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading." - This exclusion applies even if the claims egainst any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury' or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft while ashore on.premises You own or rent; (2) A watercraft you do not own. that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" or., or on the grays next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equip- ment." (6) An aircraft you do not own provided it is not operated by any insured. T1✓NANTS' PROPERTY DAMAGE LIABILITY When Damage To Premises Rented To You Limit is shown in the Declarations, SECTION 1 — COVER- AGE A, exclusion J., is replaced by the following: J. Damage To Property (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) 'Bodily injury" or "property damage" arising out of the operation of any of the CG 8B 74 10 42 Page 3 of S "Property damage" to: (1) Property you own, rent, or occupy, in- cluding any costs or expenses incurred by you, or any other person, organiza- tion or entity, for repair, replacement, enhancement, restoration or mainte- nance of such property for any reason, inMluding prevention of injury to. a per- son or &—mage to another's property; (2) Premises'you sell, giveaway or aban- don, if the "pr9porty damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or sub- contractors working directly or,indirectly on your behalf are performing oper- ations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because . "your work" was incorrectly performed on it. Paragraphs (1), (3) and. (4) of this exclusion do not apply. to "property damage" ( other than, damage by fire) to premises, inciuding the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in SECTION III — -LIMITS OF 1NSURANCt. Paragraph (2) of this' exclu- sion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. EP Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does riot ap- ply to "property damage" included in the "products - completed operations hazard." Paragraph S. of Section III is replaced by the follow- ing: 6. Subject to 5. above, the Damage To Property Limit is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Tenants' Property Damage To Premises rented To You Limit is the higher of $200,000, or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO 1S AN INSURED — MANAGERS The following is added to Paragraph 2.a. of SECTION II — WHO IS AN INSURED: Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. retention available to the in- demnitee; and EMPLOYEES AS INSUREDS — HEALTH CARE SERVICE Provision 2.a.(1) d. of SECTION II — WHO IS AN INSURED is deleted, unless excluded by separate endorsement. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 4.a. of SECTION II -- WHO IS AN IN- SURED is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of SECTION I — COVERAGE A is amended to read: a. "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage" result- ing from the use of reasonable force to pro- tect persons or property. INCREASED MEDICAL EXPENSE LIMIT SUPPLEMENTARY PAYMENTS — COVERAGES A. The medical expense limit is amended to $10,000. AND 8 — BAIL BONDS Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the follow- ing: b. Up to $2,000 for cost of bail bonds required because of accidents or traffic [avr violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — INDEMNITEES AND ADDITIONAL IN- SUREDS Paragraph 2f.(1) (d) of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B is replaced by the following: (d) Cooperate with us with respect to coordinating other applicable insurance and self- insured KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2 SECTION IV — . COMMERCIAL GENERAL LIABILITY CONDITIONS Duties In The Event Of Occurrence, Offense, Claim Or Suit of: - Knowledge of an - "occurrence," claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. INSURED CONTRACT The following definition is added to SECTION V — DEFINITIONS, Definition 9. "insured contract" par- agraph f.: Page 4 of 5 (4) That part of any contractor agree- ment that indemnifies any person or organization for the indemnite8's sole tort liability. 3 n OTHER INSURANCE The first paragraph of Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CON- DITIONS is replaced with the following: If other valid and collectible insurance, or any self -in- sured retention, is available to the insured for a loss we cover under COVERAGE A or B of this Coverage Part, our obligations are limited as follows: METHOD OF SHARING The second paragraph of Method of Sharing of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is replaced with the following: If any of the other insurance does not permit contri- bution by equal shares or is subject to a self-insured retention, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance or self - insured re- tention or both combined to the total applicable limits of insurance of all insurers and the amount of any self - insured retention. CG 86 74 10 02 UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal LIBERALIZATION CLAUSE The following paragraph is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDI- TIO N S: 10. If a revision to this Coverage Part, which would provide more coverage with no additional premium, becomes effective during the policy period ir. the state shown in the Declarations, your policy will automatically provide tltis addi- tional coverage on the effective date of the re- vision. Page 5 of 5 EP