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11-052.00 Aztech Electric: Sprague Ave ITS Ph 1 Contract THIS AGREEMENT, made and entered into this 31ST day of MARCH 2011, between the City of Spokane Valley under and by virtue of Title 35 RCW, as amended and Aztech Electric, Inc., hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and furnish all tools, materials, and equipment for: Sprague Avenue ITS—Phase 1 Spokane Valley Contract#11-008 In accordance with and as described in the attached plans and specification, and the standard specification of the Washington State of Department of Transportation which are by this reference incorporated herein and made part hereof and, shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Spokane Valley. II. The City of Spokane Valley hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached plans and specification and the terms and conditions herein contained and hereby contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this contract. III. The Contractor for himself/herself, and for his/hers heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all covenants required of the Contractor in the contract. IV. It is further provided that no liability shall attach to the City of Spokane Valley by reason of entering onto this contract, except as provided herein. Sprague Avenue ITS—Phase 1 Page 1 of 2 (1/01 -402—'" IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the City of Spokane Valley has caused this instrument to be executed by and in the name of the said City of Spokane Valley the day and year first above written. Executed by Contractor MARCH 31 , 2011. Date ANDREW R. DAHLMAN Printed Name PRESIDENT Title--f-a:M: 'Signature City of pokane Valley die (7(.,4_ ,A Printed : e i / a , t°r- "Ale h l i ti% / Si!: Sprague Avenue ITS—Phase 1 Contract Page 2 of 2 Sfiol�a ie .Valley` BOND NO: 6668769 CONTRACTOR'S PERFORMANCE AND PAYMENT BOND TO DUAL OBLIGEES KNOW ALL MEN BY THESE PRESENTS,that Aztech Electric; Inc. (Contractor),as Principal,and First National Insurance Company of kisonding Company),as Surety,a corporation of Washington ,whose principal office is . located at Liberty Lake, WA ;are firmly bound unto the State of Washington and the City of Spokane Valley,apolitical subdivision the State of Washington,as Obligees,to fulfill the obligations of the Principal and the Surety under the Contract to which reference is hereafter made,in the amount of$ 171,462.45 (including Washington State sales tax)for payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns jointly and severally, firmly by these presents. WHEREAS,Principal has by written Proposal dated March 25,2011 offered to enter into a Contract with the City of Spokane Valley for Contract No. 11-008 pursuant to the terms and conditions set forth in the Contract Documents dated 3-31-11 , 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 suppliers,and all persons who supply such person or persons or subcontractors with provisions and supplies for the carrying on of such work,and indemnify and hold harmless the Obligees from all Ioss,cost or damage which it may suffer by reason of the failure 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 work 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 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 performed thereunder or the SPECIFICATIONS accompanying the same shall in any way affect its obligation on this BOND,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder,whose claim may be unsatisfied. SIGNE i • lb SEALED THIS 31s tDAY OF March YEAR 20 11 1- *1- nsurance Company Aztech Electric, ,„Inc. •I )oj�ilc / P Cl' ] 1 ERs (- ___ Si a Ware \-Sign lure Wi 11 i?m 'ri. avi s ANDREW R. DAHLMAN Typed Name Typed Name _Attorney in Fact PRESIDENT Title Title (SEAL) IcoR© CERTIFICATE OF LIABILITY INSURANCE AZITEC 1 DATE(MMlDD/YYYY) 03/31/11 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins. - Spokane HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 501 N Riverpoint Blvd, Ste 403 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane WA 99202-1649 Phone: 509-838-3501 Fax:509-838-3511 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Phoenix Insurance Company INSURER B: Travelers Casualty Ins Co of A Aztech Electric, Inc. INSURER C: Travelers Indemnity Co of Conn PO Box 11795 INSURER D: Spokane WA 99211-0795 INSURER E: 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 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. INSR ADD'L POLICY EFFECTIVE !POLICY EXPIRATION I LIMITS LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YYYY)I DATE(MM/DD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY 4TC0347K1501PHX11 04/01/11 04/01/12 AEMS (U E RaN c utrU en ce) $300,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000 X Employer Liab PERSONAL&ADVINJURY $ 1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X 7Fa LOC I Emp Liab 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 C X X ANY AUTO 4T810347K1501TCT11 04/01/11 04/01/12 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B X OCCUR CLAIMS MADE 4TSMCUP347K1501TIL11 04/01/11 04/01/12 AGGREGATE $ DEDUCTIBLE X RETENTION $10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS I I ER ANY PROPRIETOR/PARTNER/EXECUTIVEn E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES!EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Spokane Valley, Spokane County, The State of Washington and all of their officers, elected officials, employees, agents and volunteers are added as additional insureds per attached form CGD246 08/05 as respects to: Sprague Avenue ITS-Phase 1 Project EECBG Project No. DE-SC0002899 Contract No. 11-008 CIP-0133. Coverage is primary and non-contributory Cont Ext End. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Spokane Valley REPRESENTATIVES. AUTHPRESENTAT VE 11707 E. Sprague Ave Ste 106 Spokane Valley WA 99206 ACORD 25(2009/01) ©1988-2009 CORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 This Certificate of Insurance 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(2009/01) • COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULL Y. CONTRACTORS XT.E .D ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE- Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision 1..of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured-State or Political Subdivisions B. Extension of Coverage-Damage To Premises I. Other Insurance Condition Rented To You J. Increased Supplementary Payments. Perils of fire, explosion,lightning,smoke, water Q Cost of bail bonds increased to $2,600 * Limit increased to$300,000 .• Loss of earnings increased to$5O0 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense • D. Blanket Additiona lInsured-ManagersorLessors L.' Unintentional Omission of Premises M. Personal Injury-Assumed by Contract E. Incidental Medical Malpractice N. Blanket Additional Insured-Lessor of Leased F. Extension of Coverage-Bodily Injury Equipment G. Contractual Liability-Railroads - PROVISIONS . 3. This Provision A. does not apply to any per- A. BROADENED NAMED ENSURED • son or organization for which coverage is ex- cluded by endorsement. 'i. The Named Insured in Item 1. of the Declare- . B. EXTENSION OF COVERAGE - DAMAGE TO is as follows: PREMISES RENTED TO YOU The person or.organization named in Item 1. A.1. The last paragraph of COVERAGE COVERAGE i30D- of the Declarations and any organization, 1LY INJURY AND PROPERTY DAMAGE Li- - . other than a partnership, joint venture or lim- ited liability company, of which you.maintain ABILITY (Section I - Coverages) is deleted• • ownership or in which you maintain the major- and replaced by the following: ity interest on the effective date of the policy. Exclusions c.through n. do not apply to dam- . However, coverage for any such additional age to premises while rented to you, or tern- organization will cease as of the date, if any, porarily occupied by you with permission of during the.policy period, that you.no longer . the owner, caused by: . maintain ownership of, or the majority interest a. Fire; . . in, such organization. b. Explosion; 2. WHO iS•AN INSURED (Section il) Item 4.a. c. Lightning; is deleted and replaced by the following: a. Coverage under this provision is afforded d. Smoke resulting from such fire, explosion,. only until the 180th day after you acquire or lightning; or . • •or form the organization or the end of the - •e. Water. . policy period,.whicheve;is earlier. A separate limit of insurance applies to this . • coverage as described in Section III Limits Of . - • Insurance. '. - •- CG D3 16 07 04 Copyright,The Travelers Indemnity Company,2004 • Page 1 of 6 COMMERCIAL GENERAL LIABILITY • 2, This insurance does nof'apply to damage to • • 5. This Provision B: does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I- a. Rupture, bursting, or operation of pres- sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of: premises•owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines: or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Paragraph 6. of LIMITS OF INSURANCE . "your products". We waive this right where you (Section III) is deleted and replaced by the have agreed to do so as part of a written contract, . following: executed_ by you before the "bodily injury" or. Subject to -5. above, the Damage To Prern- "property damage" occurs or the "personal injury" • . • ises Rented To You Limit is the most we will or"advertising injury"offense is committed. • pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED -- MANAG- damages because of "property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II) is amended to • of the owner, caused by:fire;explosion; light- include as an insured any person or organization ning; smoke resulting from such fire, explo- (referred to below as "additional insured") with lion, or lightning; or water. The Damage To whom you have agreed in a written contract, exe- Premises Rented To You Limit will apply to all cuted before the "bodily injury" or"property dam- "property damage'proximately caused by the . age" occurs or the "personal injury" or "adverbs- • same "occurrence",. whether such damage ing injury" offense is committed, to name es an _= results from: tire; explosion; lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use Wing; or water; or any combination of any of of that part of any premises leased to you, subject ® to the following provisions: these causes. itliMNSEr The Damage To Premises Rented To You 1. Limits of Insurance. The limits of insurance Limit will be the higher of afforded to the additional insured shall be the • . limits which you agreed to provide in the writ- °= a. 5300,000;or ten contract, or the limits-shown on the Decla- ° b. The amount shown on the Declarations rations,whichever are less. for Damage To Premises Rented To You 2. The insurance afforded to the additional in- 1 m� Limit, sured does not apply to: . 4. Paragraph a..of the definition of"insured con- a. Any "bodily injury" or "property damage" °leallIDS. tract" (DEFINITIONS - Section V) is deleted that occurs, or"personal injury" or"adver- and replaced by the following: • tising injury" caused by an offense which a. A contract for a lease of premises. How- - is committed, after you cease to be a ten- �= ever, that portion of the contract for a ant in that premises; °° ` • lease of premises that indemnities any, b. Any premises for which coverage is ex- °....... person or organization for damage to eluded by endorsement; or . premises while rented.to you, or tempo- c. Structural alterations, new construction or rarity occupied by you with permission of the owner, caused by: fire; explosion; demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured.• • explosion, or lightning; or water, is not an 3, The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible- . .:. • . . . . • • . . • . - . Page 2 of 6 Copyright,The Travelers Indemnity Company,2004 CG D3 16 07 04 D1aae2 ' 1 . • COMMERCIAL GENERAL LIABILITY • "other insurance" available to such additional - together with all related acts or omissions in insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pri- paragraph 1. above to any one person will be mare to, or non-contributory with, such "other deemed one"occurrence". insurance". 5. This Provision E.does not apply if you are in • E. INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of the services described in paragraph 1. above. 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY(Section I—Coverages): "other insurance" available to the insured, whether primary, excess, contingent or on "Bodily injury" arising out of the rendering of, any other basis, except for insurance that you or failure to render, the following will be bought specifically to apply in excess of the deemed to be caused by an "occurrence": Limits of Insurance shown on the Declare- a. Medical, surgical,dental, laboratory,x-ray tions of this Coverage Part. or nursing service, advice or instruction, P EXTENSION OF COVERAGE — BODILY iN- or the related furnishing of food or bever- JURY apes; • b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or.surgical supplies or Section V) is deleted and replaced by the follow- ing: appliances; "Bodily injury„ means bodily injury, mental en- c. First aid;or guish, mental injury, shock, fright, disability, hu- d. "Good Samaritan services." As used in molation, sickness br disease sustained by a per- - this Provision E., "Good Samaritan ser- son, including death resulting.from any of these at vices" are those medical services ren- any time, • dared or provided in an emergency and G CONTRACTUAL LIABILI Y—RAiLROADS • for which no remuneration is demanded or received. 1. Paragraph c. of the definition of Insured con- 2.a. d of WI-ID IS AN IN- tract" (DEFINITIONS — Section V) is deleted 2. Paragraph (1}( ) r r and replaced by the following: SURED (Section tl) does not apply to any c. Any easement or license agreement; registered nurse, licensed practical nurse, • emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of "insured . •. employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1. above leted, . •- and while acting within the scope of their em- , you. Any"employees" rendering H. ADDITION VI INSU E�- STATE DR I�OLITI- ployment by - "Good Samaritan services" will be deemed to • be acting within the scope of their employ- WHO IS AN INSURED (Section Ii) is amended to ment by you. . include as an insured any state or political subdi- 3. The following exclusion is added to paragraph vision, subject to the following provisions: 2. Exclusions of COVERAGE A. — BODILY 1. .This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance, law or . . ITY (Section I—Coverages): building code and only with respect to opera- tor "Bodi. in- tions performed by you or on your behalf for does note I "Bodily a_ • nce ao Y to:) subdivision isio has(This insurance PP which the state or political subdv n h i. jury" or "property damage" arising out of the sued a permit. • willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals corn- 2. This insurance does not apply to: mitted by or with the knowledge or consent of a. "Bodily injury," "property damage," "per- the insured. sonal injury" or"advertising injury" arising 4. For the purposes of determining the applica- out of operations performed for the state ble limits of insurance, any act or omission . or political subdivision;or CG 03 16 07 04 . Copyright, The Travelers Indemnity Company,2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- insured under any other policy, cluded in the "products-completed opera- including any umbrella or excess tions hazard". policy. I. OTHER INSURANCE CONDITION • When this insurance is excess, we will have no duty under Coverages A A. COMMERCIAL GENERAL LIABILITY CON- or B to defend the insured against D(TIONS (Section IV), paragraph 4. (Other any "suit" if any provider of "other in- Insurance) is deleted and replaced by the fol- • surance" has a duty to defend the in- lowing: sured against that "suit". If no pro- . 4. Other Insurance vider of "other insurance" defends, we will undertake to do so, but we will if valid and collectible "other insurance" is . be entitled to the insured's rights available to the insured for a loss we against all those providers of "other cover under Coverages A or B of this insurance". Coverage Part, our obligations are limited When this insurance is•excess over as follows: - "other insurance", we will pay only • a. Primary Insurance our share of the amount of the loss, if This insurance is primary except any,that exceeds the.sum of: when b. below applies. If this insur- (1) The total amount that all such ance is primary, our obligations are "other insurance" would pay for • not affected unless any of the "other • the loss in the absence of this in- insurance" is also primary. Then, we surance; and will share with ail that "other insur (2) The total of all deductible and •ance" by the method described in c. self-insured amounts under that below. "other insurance". b. Excess Insurance We will share the remaining loss,• if This insurance is excess over any of any, with any "other insurance"that is . the 'other insurance", whether pri- not described in this Excess Insur- - mary, excess, contingent or on any ance provision. —= • other basis: G. Method Of Sharing ISISEns (1) That is Fire, E dended Coverage, If all of the "other insurance" permits Builder's Risk, Installation lRisk, contribution by equal shares, we will similar coverage for "your follow this method also. Under this wore; approach each provider of insurance • (2) That is Fire insurance for pram- • contributes equal amounts until it has 0== ises rented to you or temporarily paid its applicable limit of insurance occupied by you with permission or none of the loss remains, which- of the owner; ever comes fi rsf. (3) That is insurance purchased by If•any of the "other insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to , shares, we will contribute by limits. ,. premises rented to you or tempo- Under this method, the share of each rarily occupied by you with per- provider of insurance.is based on the — mission of the owner; or • ratio of its applicable limit of insur- e (4), if the loss arises out of the main- . . ance to the total applicable limits of . -- tenance or use of .aircraft, insurance of all providers of insur- or,--= ance. , "autos", or watercraft to the ex- .tent not subject to Exclusion-g. of B. The following definition is added to DEFINITIONS Section I.- Coverage A- Bodily (Section V): • injury And Property Damage Li- "Other insurance": ability; or (5) That is available to the insured a. Means insurance, or the funding of losses, - when the insured is an additional that is provided by,through or on behalf of Page 4 of 6 . Copyright,The Travelers Indemnity Company, 2004. CC- 0316 07 04 016663 . COMMERCIAL GENERAL LIABILITY ' • (1) Another insurance company; 2. Notice of an "occurrence" or of an offense •• which may result in a claim will be deemed to (2) Us or any of our affiliated insurance corn be given as soon as practicable to us if it is panies, except when the Non cumulation of Each Occurrence Limit section of given in good faith as soon as practicable to your worker' compensation insurer. This ap- Paragraph 5 of LIMITS OF INSURANCE plies only if you subsequently give notice of (Section!il) or the Non cumulation of Per- the "occurrence" or offense to us as soon as sonal and Advertising Injury limit sections practicable after you, one of your "executive of Paragraph 4 of plie LIMITS OF INSUR- officers" (if you are a corporation), one of your ANCE (Section 111; applies; partners who is an individual (if you are a (3) Any risk retention group; partnership), one of your managers (if you are (4) Any self-insurance method or program, a limited liability company), or an "employee" • other than any funded by you and over (such as an insurance, loss control or risk which this Coverage Part applies; or manager or administrator) designated by you to give such notice discovers that the "occur- (6) Any similar ris1,transfer or risk manage- rence" or offense may involve this policy. ment method. • 3. This Provision K. does not apply as respects b. Does not include umbrella insurance, or ea: the specific number of days within which you • cess insurance,that you bought specifically to are required to notify us in writing of the apply in excess of the Limits of Insurance abrupt commencement of a discharge, re- shown on the Declarations of this Coverage lease or escape of "pollutants" that causes Part "bodily injury" or "property damage" which• J. INCREASED SUPPLEMENTARY PAYMENTS may otherwise be covered under this policy. • Paragraphs 'I.b. and 1.d. of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS—COVERAGES A AND B (Section I The following is added to COMMERCIAL GEN- -Coverages) are amended as follows ERAL LIABILITY CONDITIONS (Section IV), 1. In paragraph 1.b., the amount we will pay for paragraph 6. (Representations): - the cost of bail bonds is increased to $2500. The unintentional omission of, or unintentional 2. In paragraph 1.d., the amount we will pay for error in, any information provided by you which loss of earnings is increased to $500 a day. we relied upon in issuing this policy shall not K. KNOWLEDGE. AND NOTICE OF OCCUR- prejudice your rights under this insurance. How- RENCE OR OFFENSE ever, this Provision L. does not affect our right to • 1. The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY Y CONDITIONS (Section of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): bons. Notice of an "occurrence" or of an offense M. PERSONAL INJURY — ASSUMED BY CON- which may result in•a claim must be given as - TRACT soon as practicable after knowledge of the I. The following is added to Exclusion e. (1) of "occurrence" or offense has been reported to - Paragraph 2., Exclusions of Coverage B. • you, one of your "executive officers" (if you Personal Injury, Advertising Injury, and are a corporation), one of your.partners who Web Site injury.Liability of the Web,XTEND is an individual (if you are a partnership), one Liability endorsement: of your managers (if you are a-limited liability. Safely for the purposes of liability assumed in • company), or an 'employee" (such as an in- • - an "insured contract", reasonable attorney- surance, loss control or risk manager or ad- fees and necessary litigation expenses in- • • ministrator) designated by you to give such curred by or for a party other than an insured notice. are deemed to be damages because of"per- Knowledge by any other "employee" of an sonal injury"provided: "occurrence" or offense does not imply that (a) Liability to such party for, or for the cost • ' you also have such knowledge. of, that party's defense has also been as- - • CG D3 16 07 04 Copyright, The Travelers indemnity Company,2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED -- LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO iS AN INSURED (Section II) is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged: cuted before the "bodily injury" or"property dam- Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or'"adverbs- 2. —COVERAGES A AND B (Section I ing injury" offense is committed, to name as an — Coverages) is deleted and replaced by the additional insured, but only with respect to their li- ability for"bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in d. The allegations in the "suit" and the in- whole or in part, by your acts or omissions in the formation we know about the "occur- maintenance, operation or use of equipment rence"or offense are such that no conflict leased to you by such additional insured, subject appears to exist between the interests of to the following provisions: the insured and the interests of the in- 1. Limits of Insurance. The limits of insurance demnitee; afforded to the additional insured shall be the 2. Tne third sentence of Paragraph 2 of SUP- limits which you agreed to provide in the writ- PL EMENTARY PAYMENTS — COVERAGES ten contract, or the limits shown on the Decia- A AND B (Section I— Coverages) is deleted rations,whichever are less. and replaced by the following: 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any "bodily injury" or 2.b.(2) of Section I— Coverage A—Bodily in- "property damage" that occurs, or "personal . jury And Property Damage Liability, or the injury" or"advertising injury" caused by an of- provisions of Paragraph 2.e.(1) of Section I- - Tense which is committed, after the equipment • Coverage B— Personal Injury, Advertising In- lease expires. jury And Web Site Injury Liability, such pay- 3 The insurance afforded to the additional in- - ments will not be deemed to be damages for sured is excess over any valid and collectible "bodily injury" and property damage , or damages for"personal injury", and will not re- "other insurance" available to such additional duce the limits of insurance. insured, unless you have agreed in the writ- ten contract that this insurance must be pri- °= 4. This provision M. does not apply if coverage many to, or non-contributory with, such "other for "personal injury" liability is excluded by insurance". . o� endorsement. • • - 0= • i r _ • m� - • • days Page 6 of 6 Copyright,The Travelers Indemnity Company,2004 CG D3 16 07 04 018694 • I . COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED— (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but: erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage"or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such . damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that ''written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in • that person or organization as a named insured Section III—Limits Of Insurance. for such loss,, and we will not share with that "other insurance". But the insurance provided to b) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" • any provider of"other insurance" which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses;and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence" or ance" available to the additional insured offense. which covers that person or organization as a b) If a,claim is made or"suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. I. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received;and "Written contract requiring insurance" means H. Notify us as soon as practicable. that part of any written contract or agreement • under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit" as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the"personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the With us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de- agreement is in effect; and fense and indemnity of any claim or"suit"to c. Before the end of the policy period. 0■ 0• os • • Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 X18681 .a►c•RV® CERTIFICATE OF LIABILITY INSURANCE OP ID 2,1 DATE(MM/DD/YYYY) AZTEC-1 I 03/30/12 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTE OF INFORMATIOI ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Western States Ins. - Spokane HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 501 N Riverpoint Blvd, Ste 403 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Spokane WA 99202-1649 Phone: 509-838-3501 Fax:509-838-3511 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Phoenix Insurance Company INSURER B: Travelers Casualty Ins Co of A Aztech Electric, Inc. INSURER C: Travelers Indemnity Co of Conn PO Box 11795 INSURER D: Spokane WA 99211-0795 INSURER E: 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 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. AUDI POLICY NUMBER DATE MMIDDC/YYYVYE) DATE(MMXDD/YlYOYN) LIMITS LTR INSRD TYPE OF INSURANCE _ GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X X COMMERCIAL GENERAL LIABILITY 4TC0347K1501PHX12 04/01/12 04/01/13 PREMISES(Eaoccurence) $300,000 CLAIMS MADE X OCCUR MED EXP(Any one person)J $5,000 X Employer Liab PERSONAL&ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY X JECOT LOC Emp Liab 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 C X X ANY AUTO 4T810347K1501TCT12 04/01/12 04/01/13 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $4,000,000 B X OCCUR CLAIMS MADE 4TSMCUP347K1501TIL12 04/01/12 04/01/13 AGGREGATE $ $ DEDUCTIBLE $ X RETEN11ON $10,000 $ WORKERS COMPENSATION WC S I Al U- 01H- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE) E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley, Spokane County, The State of Washington and all of their officers, elected officials, employees, agents and volunteers are added as additional insureds per attached form CGD246 08/05 as respects to: Sprague Avenue ITS-Phase 1 Project EECBG Project No. DE-5C0002899 Contract No. 11-008 CIP-0133. Coverage is primary and non-contributory Cont Ext End. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City Of Spokane Valley REPRESENTATIVES. IZED 11707 E. Sprague Ave Ste 106 AUTHPRESENTA E (Spokane Valley WA 99206 ACORD 25(2009/01) ©1988-200 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COI Lo5'2 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 This Certificate of Insurance 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(2009/01) COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended c) The insurance provided to the additional in- to include any person or organization that you sured does not apply to "bodily injury" or agree in a "written contract requiring insurance" "property damage' caused by "your work" to include as an additional insured on this Cover- and included in the "products-completed op- age Part, but erations hazard" unless the "written contract a) Only with respect to liability for"bodily injury", requiring insurance" specifically requires you "property damage" or"personal injury"; and to provide such coverage for that additional insured, and then the insurance provided to b) If, and only to the extent that, the injury or the additional insured applies only to such damage is caused by acts or omissions of "bodily injury" or "property damage" that oc- you or your subcontractor in the performance curs before the end of the period of time for of "your work" to which the "written contract which the "written contract requiring insur- requiring insurance" applies. The person or ance" requires you to provide such coverage organization does not qualify as an additional or the end of the policy period, whichever is insured with respect to the independent acts earlier. or omissions of such person or organization. 3. The insurance provided to the additional insured 2. The insurance provided to the additional insured by this endorsement is excess over any valid and by this endorsement is limited as follows: collectible "other insurance", whether primary, a) In the event that the Limits of Insurance of excess, contingent or on any other basis, that is this Coverage Part shown in the Declarations available to the additional insured for a loss we exceed the limits of liability required by the cover under this endorsement. However, if the "written contract requiring insurance", the in- "written contract requiring insurance" specifically surance provided to the additional insured requires that this insurance apply on a primary shall be limited to the limits of liability re- basis or a primary and non-contributory basis, quired by that "written contract requiring in- this insurance is primary to "other insurance" surance". This endorsement shall not in- available to the additional insured which covers crease the limits of insurance described in that person or organization as a named insured Section III—Limits Of Insurance. for such loss, and we will not share with that b) "other insurance". But the insurance provided to ) The insurance provided to the additional in- the additional insured by this endorsement still is sured does not apply to "bodily injury", "prop- excess over any valid and collectible "other in- erty damage" or "personal injury" arising out surance", whether primary, excess, contingent or of the rendering of, or failure to render, any on any other basis, that is available to the addi- professional architectural, engineering or sur- tional insured when that person or organization is veying services, including: an additional insured under such "other insur- i. The preparing, approving, or failing to ance". prepare or approve, maps, shop draw- 4. As a condition of coverage provided to the ings, opinions, reports, surveys, field or- additional insured by this endorsement: ders or change orders, or the preparing, approving, or failing to prepare or ap- a) The additional insured must give us written prove, drawings and specifications; and notice as soon as practicable of an "occur- rence" or an offense which may result in a ii. Supervisory, inspection, architectural or claim. To the extent possible, such notice engineering activities. should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. How, when and where the "occurrence" any provider of"other insurance"which would or offense took place; cover the additional insured for a loss we ii. The names and addresses of any injured cover under this endorsement. However, this persons and witnesses; and condition does not affect whether the insur- ance provided to the additional insured by iii. The nature and location of any injury or this endorsement is primary to "other insur- damage arising out of the"occurrence"or ance" available to the additional insured offense which covers that person or organization as a b) If a claim is made or "suit" is brought against named insured as described in paragraph 3. the additional insured, the additional insured above. must: 5. The following definition is added to SECTION V. i. Immediately record the specifics of the —DEFINITIONS: claim or"suit"and the date received; and "Written contract requiring insurance" means ii. Notify us as soon as practicable that part of any written contract or agreement under which you are required to include a The additional insured must see to it that we person or organization as an additional in- receive written notice of the claim or"suit"as sured on this Coverage Part, provided that soon as practicable. the "bodily injury" and "property damage" oc- c) The additional insured must immediately curs and the "personal injury" is caused by an send us copies of all legal papers received in offense committed: connection with the claim or"suit", cooperate a. After the signing and execution of the with us in the investigation or settlement of contract or agreement by you; the claim or defense against the "suit", and otherwise comply with all policy conditions. b. While that part of the contract or d) The additional insured must tender the de agreement is in effect; and fense and indemnity of any claim or "suit" to c. Before the end of the policy period. Page 2 of 2 ©2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE— Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured—State or Political Subdivisions B. Extension of Coverage—Damage To Premises I. Other Insurance Condition Rented To You J. Increased Supplementary Payments • Perils of fire, explosion, lightning, smoke, water • Cost of bail bonds increased to $2,500 • Limit increased to $300,000 • Loss of earnings increased to $500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured—Managers or Lessors L. Unintentional Omission of Premises M. Personal Injury—Assumed by Contract E. Incidental Medical Malpractice N. Blanket Additional Insured—Lessor of Leased F. Extension of Coverage— Bodily Injury Equipment G. Contractual Liability— Railroads PROVISIONS 3. This Provision A. does not apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- cluded by endorsement. 1. The Named Insured in Item 1. of the Declara- tions is as follows: B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU The person or organization named in Item 1. of the Declarations and any organization, 1. The last paragraph of COVERAGE A. BOD- other than a partnership, joint venture or lim- ILY INJURY AND PROPERTY DAMAGE LI- ited liability company, of which you maintain ABILITY (Section I — Coverages) is deleted ownership or in which you maintain the major- and replaced by the following: ity interest on the effective date of the policy. Exclusions c. through n. do not apply to dam- However, coverage for any such additional age to premises while rented to you, or tern- organization will cease as of the date, if any, porarily occupied by you with permission of during the policy period, that you no longer the owner, caused by: maintain ownership of, or the majority interest a. Fire; in, such organization. b. Explosion; 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: c. Lightning; a. Coverage under this provision is afforded d. Smoke resulting from such fire, explosion, only until the 180th day after you acquire or lightning; or or form the organization or the end of the e. Water. policy period, whichever is earlier. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to 5. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner, caused by: PROPERTY DAMAGE LIABILITY (Section I— a. Rupture, bursting, or operation of pres- Coverages) is excluded by endorsement. sure relief devices; C. BLANKET WAIVER OF SUBROGATION b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure, caused by or resulting from wa- payments we make for injury or damage arising ter; out of: premises owned or occupied by or rented c. Explosion of steam boilers, steam pipes, or loaned to you; ongoing operations performed steam engines, or steam turbines. by you or on your behalf, done under a contract with that person or organization; "your work"; or 3. Paragraph 6. of LIMITS OF INSURANCE "your products". We waive this right where you (Section III) is deleted and replaced by the have agreed to do so as part of a written contract, following: executed by you before the "bodily injury" or Subject to 5. above, the Damage To Prem- "property damage" occurs or the "personal injury" ises Rented To You Limit is the most we will or"advertising injury"offense is committed. pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED — MANAG- damages because of "property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO IS AN INSURED (Section II) is amended to of the owner, caused by: fire; explosion; light- include as an insured any person or organization Wing; smoke resulting from such fire, explo- (referred to below as "additional insured") with sion, or lightning; or water. The Damage To whom you have agreed in a written contract, exe- Premises Rented To You Limit will apply to all cuted before the "bodily injury" or "property dam- "property damage" proximately caused by the age" occurs or the "personal injury" or "advertis- same "occurrence", whether such damage ing injury" offense is committed, to name as an results from: fire; explosion; lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use Wing; or water; or any combination of any of of that part of any premises leased to you, subject these causes. to the following provisions: The Damage To Premises Rented To You 1. Limits of Insurance. The limits of insurance Limit will be the higher of: afforded to the additional insured shall be the limits which you agreed to provide in the writ- a. $300,000; or ten contract, or the limits shown on the Decla- b. The amount shown on the Declarations rations, whichever are less. for Damage To Premises Rented To You 2. The insurance afforded to the additional in- Limit. sured does not apply to: 4. Paragraph a. of the definition of"insured con- a. Any "bodily injury" or "property damage" tract" (DEFINITIONS — Section V) is deleted that occurs, or"personal injury" or"adver- and replaced by the following: tising injury" caused by an offense which a. A contract for a lease of premises. How- is committed, after you cease to be a ten- ever, that portion of the contract for a ant in that premises; lease of premises that indemnifies any b. Any premises for which coverage is ex- person or organization for damage to cluded by endorsement; or premises while rented to you, or tempo- rarily occupied by you with permission of c. Structural alterations, new construction or the owner, caused by: fire; explosion; demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured. explosion, or lightning; or water, is not an 3. The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pri- paragraph 1. above to any one person will be mary to, or non-contributory with, such "other deemed one "occurrence". insurance". 5. This Provision E. does not apply if you are in E. INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of 1. The following is added to paragraph 1. Insur- the services described in paragraph 1. above. ing Agreement of COVERAGE A. — BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collectible ITY (Section I —Coverages): "other insurance" available to the insured, "Bodily injury" arising out of the rendering of, whether primary, excess, contingent or on or failure to render, the following will be any other basis, except for insurance that you deemed to be caused by an "occurrence": bought specifically to apply in excess of the Limits of Insurance shown on the Declara- a. Medical, surgical, dental, laboratory, x-ray tons of this Coverage Part. or nursing service, advice or instruction, F. EXTENSION OF COVERAGE — BODILY IN- or the related furnishing of food or bever- JURY ages; b. The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow- appliances; ing: c. First aid; or "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- d. "Good Samaritan services." As used in miliation, sickness or disease sustained by a per- this Provision E., "Good Samaritan ser- son, including death resulting from any of these at vices" are those medical services ren- any time. dered or provided in an emergency and G. CONTRACTUAL LIABILITY—RAILROADS for which no remuneration is demanded or received. 1. Paragraph c. of the definition of"insured con- 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- tract" (DEFINITIONS — Section V) is deleted SURED (Section II) does not apply to any and replaced by the following: registered nurse, licensed practical nurse, c. Any easement or license agreement; emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of "insured employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1. above leted. and while acting within the scope of their em- H. ADDITIONAL INSURED — STATE OR POLITI- ployment by you. Any "employees" rendering CAL SUBDIVISIONS— PERMITS "Good Samaritan services" will be deemed to be acting within the scope of their employ- WHO IS AN INSURED (Section II) is amended to ment by you. include as an insured any state or political subdi- 3. The following exclusion is added to paragraph vision, subject to the following provisions: 2. Exclusions of COVERAGE A. — BODILY 1. This insurance applies only when required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinance, law or ITY (Section I—Coverages): building code and only with respect to opera- (This insurance does not apply to:) "Bodily in- tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit. relating to the sale of pharmaceuticals corn- 2. This insurance does not apply to: miffed by or with the knowledge or consent of a. "Bodily injury," "property damage," "per- the insured. sonal injury" or"advertising injury" arising 4. For the purposes of determining the applica- out of operations performed for the state ble limits of insurance, any act or omission or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- insured under any other policy, cluded in the "products-completed opera- including any umbrella or excess tons hazard". policy. I. OTHER INSURANCE CONDITION When this insurance is excess, we will have no duty under Coverages A A. COMMERCIAL GENERAL LIABILITY CON- or B to defend the insured against DITIONS (Section IV), paragraph 4. (Other any "suit" if any provider of "other in- Insurance) is deleted and replaced by the fol- surance" has a duty to defend the in- lowing: sured against that "suit". If no pro- 4. Other Insurance vider of "other insurance" defends, we will undertake to do so, but we will If valid and collectible "other insurance" is be entitled to the insured's rights available to the insured for a loss we against all those providers of "other cover under Coverages A or B of this insurance". Coverage Part, our obligations are limited as follows: When this insurance is excess over "other insurance", we will pay only a. Primary Insurance our share of the amount of the loss, if This insurance is primary except any, that exceeds the sum of: when b. below applies. If this insur- (1) The total amount that all such ance is primary, our obligations are "other insurance" would pay for not affected unless any of the "other the loss in the absence of this in- insurance" is also primary. Then, we surance; and will share with all that "other insur- ance" by the method described in c. (2) The total of all deductible and below. self-insured amounts under that "other insurance". b. Excess Insurance We will share the remaining loss, if This insurance is excess over any of any, with any "other insurance"that is the "other insurance", whether pri- not described in this Excess Insur- mary, excess, contingent or on any ance provision. other basis: c. Method Of Sharing (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, If all of the "other insurance" permits or similar coverage for "your contribution by equal shares, we will work"; follow this method also. Under this approach each provider of insurance (2) That is Fire insurance for prem- contributes equal amounts until it has ises rented to you or temporarily paid its applicable limit of insurance occupied by you with permission or none of the loss remains, which- of the owner; ever comes first. (3) That is insurance purchased by If any of the "other insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to shares, we will contribute by limits. premises rented to you or tempo- Under this method, the share of each rarily occupied by you with per- provider of insurance is based on the mission of the owner; or ratio of its applicable limit of insur- (4) If the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, insurance of all providers of insur- "autos", or watercraft to the ex- ance. tent not subject to Exclusion g. of B. The following definition is added to DEFINITIONS Section I — Coverage A — Bodily (Section V): Injury And Property Damage Li- ability; or "Other insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL GENERAL LIABILITY (1) Another insurance company; 2. Notice of an "occurrence" or of an offense (2) Us or any of our affiliated insurance corn- which may result in a claim will be deemed to panes, except when the Non cumulation be given as soon as practicable to us if it is of Each Occurrence Limit section of given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE your workers' compensation insurer. This ap- (Section III) or the Non cumulation of Per- plies only if you subsequently give notice of sonal and Advertising Injury limit sections the "occurrence" or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you, one of your "executive ANCE (Section III) applies; officers" (if you are a corporation), one of your partners who is an individual (if you are a (3) Any risk retention group; partnership), one of your managers (if you are (4) Any self-insurance method or program, a limited liability company), or an "employee" other than any funded by you and over (such as an insurance, loss control or risk which this Coverage Part applies; or manager or administrator) designated by you (5) Any similar risk transfer or risk manage- to give such notice discovers that the "occur- ment method. rence" or offense may involve this policy. b. Does not include umbrella insurance, or ex- 3. This Provision K. does not apply as respects cess insurance, that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge, re- Part. lease or escape of "pollutants" that causes "bodily injury" or "property damage" which J. INCREASED SUPPLEMENTARY PAYMENTS may otherwise be covered under this policy. Paragraphs 1.b. and 1.d. of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS — COVERAGES A AND B (Section —Coverages) are amended as follows: The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), 1. In paragraph 1.b., the amount we will pay for paragraph 6. (Representations): the cost of bail bonds is increased to $2500. The unintentional omission of, or unintentional 2. In paragraph 1.d., the amount we will pay for error in, any information provided by you which loss of earnings is increased to $500 a day. we relied upon in issuing this policy shall not K. KNOWLEDGE AND NOTICE OF OCCUR- prejudice your rights under this insurance. How- RENCE OR OFFENSE ever, this Provision L. does not affect our right to 1. The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY CONDITIONS (Section of cancellation or nonrenewal in accordance with IV), paragraph 2. (Duties In The Event of Oc- applicable state insurance laws, codes or regula- currence, Offense, Claim or Suit): tions. Notice of an "occurrence" or of an offense M. PERSONAL INJURY — ASSUMED BY CON- which may result in a claim must be given as TRACT soon as practicable after knowledge of the 1. The following is added to Exclusion e. (1) of "occurrence" or offense has been reported to Paragraph 2., Exclusions of Coverage B. you, one of your "executive officers" (if you Personal Injury, Advertising Injury, and are a corporation), one of your partners who Web Site Injury Liability of the Web XTEND is an individual (if you are a partnership), one Liability endorsement: of your managers (if you are a limited liability Solely for the purposes of liability assumed in company), or an "employee" (such as an in- an "insured contract", reasonable attorney surance, loss control or risk manager or ad- fees and necessary litigation expenses in- ministrator) designated by you to give such curred by or for a party other than an insured notice. are deemed to be damages because of "per- Knowledge by any other "employee" of an sonal injury" provided: "occurrence" or offense does not imply that (a) Liability to such party for, or for the cost you also have such knowledge. of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section II) is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged. cuted before the "bodily injury" or "property dam- 2. Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or "advertis- MENTS — COVERAGES A AND B (Section I ing injury" offense is committed, to name as an — Coverages) is deleted and replaced by the additional insured, but only with respect to their li- followin ability for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in d. The allegations in the "suit" and the in- whole or in part, by your acts or omissions in the formation we know about the "occur- maintenance, operation or use of equipment rence" or offense are such that no conflict leased to you by such additional insured, subject appears to exist between the interests of to the following provisions: the insured and the interests of the in- demnitee; 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the 3. The third sentence of Paragraph 2 of SUP- limits which you agreed to provide in the writ- PLEMENTARY PAYMENTS — COVERAGES ten contract, or the limits shown on the Decla- A AND B (Section I — Coverages) is deleted rations, whichever are less. and replaced by the following: 2. The insurance afforded to the additional in- Notwithstanding the provisions of Paragraph sured does not apply to any "bodily injury" or 2.b.(2) of Section I— Coverage A— Bodily In- "property damage" that occurs, or "personal jury And Property Damage Liability, or the injury" or"advertising injury" caused by an of- provisions of Paragraph 2.e.(1) of Section I — fense which is committed, after the equipment Coverage B — Personal Injury, Advertising In- lease expires. jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for 3. The insurance afforded to the additional in- "bodily injury" and "property damage", or sured is excess over any valid and collectible damages for"personal injury", and will not re- "other insurance" available to such additional duce the limits of insurance. insured, unless you have agreed in the writ- ten contract that this insurance must be pri- 4. This provision M. does not apply if coverage mary to, or non-contributory with, such "other for "personal injury" liability is excluded by insurance". endorsement. Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 ADVERTISEMENT FOR BIDS CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID 011 -008 SPRAGUE AVE ITS PROJECT — PHASE 1 Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for the Sprague Avenue ITS Project — Phase 1. The project consists of installing Intelligent Transportation System (ITS) equipment along portions of S University Rd and E Sprague Ave. The project includes providing and installing fiber optic cable, CCTV camera, Ethernet switches, pull boxes and junction boxes. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Public Works Department, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, WA 99206, Monday through Friday from 8:00 a.m. to 5:00 p.m. A nonrefundable charge of $50.00 is required. Copies of the bid packet including specifications and plans may be obtained in PDF format on a compact disc at no charge. All bids must be accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent (5 %) of the amount of the bid proposed. Failure to furnish a bid bond in compliance with the City's bid deposit surety bond form shall make the bid non - responsive and cause the bid to be rejected. Bids must be submitted in sealed envelopes addressed to the City Clerk of the City of Spokane Valley, 11707 E. Sprague Avenue,• Suite 106, Spokane Valley, Washington, 99206, and received not later than 10:00 a.m. Pacific Time, Friday, March 25, 2011. Bid openings will be held immediately thereafter and read aloud in the City Council Chambers, Suite 101. The City of Spokane Valley reserves the right to waive any irregularities or informalities and to reject any or all bids. No bidder may withdraw his bid after the time announced for the bid opening, or before the award and execution of the contract, unless the award is delayed for a period exceeding sixty (60) days. The City of Spokane Valley, in accordance with Title VI of the Civil Rights Act of 1964, (Pub. L.88 -352), Section 16 of the Federal Energy' Administration Act of 1974 (Pub.L.93 -275), Section 401 of the Energy Reorganization Act of 1974 (Pub.L.93 -438), Title IX of the Education Amendments of 1972, as amended (Pub-L.92-318, Pub.L.93 -588, and Pub.L.94 -482), Section 504 of the Rehabilitation Act of 1973 (Pub.L.93 -112), the Age Discrimination Act of 1975 (Pub.L.94 -135), Title VIII of the Civil Rights Act of 1968 (Pub.L.90 -284), the Department of Energy Organization Act of 1977 (Pub.L.95 -91), and the Energy Conservation and Production Act of 1976, as amended (Pub.L.94 -385) and Title 10, Code of Federal Regulations, Part 1040, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in consideration for an award. `Federal Tax ID No. 68 -0617327 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Spokane} ss Name: City of Spokane Valley Client ID: PO No. SR2 No. Lines: Total Cost: $909.94,/ Order No. 42365 107 21387 I, Lori Nix do solemnly swear that I am the Principal Clerk of The Spokesman- Review, a newspaper established and regularly published, once each day in the English language, in and of general circulation in the City of Spokane County, Washington; and in the City of Coeur d'Alene, Kootenai County, Idaho; that said newspaper has been so established and regularly published and has had said general circulation continuously for more than six (6) months prior to the 23rd day of July, 1941; that said newspaper is printed in an office maintained at its place of publication in the City of Spokane, Washington; that said newspaper was approved and designated as a legal newspaper by order of the Superior Court of the State of Washington for Spokane County on the 23rd day of July, 1941, and that said order has not been revoked and is in full force and effect; that the notice attached hereto and which is a part of the proof of publication, was published in said newspaper two time(s), the publication having been made once each time on the following dates: March 4 & 11. 2011 That said notice was published in the regular and entire issue of every number of the paper during the period of time of publication, and that the notice was published in the newspaper pr er and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this 1CSSS= 15th day of March 2011. ti �Q`SION 4 ir ©� � �YOTARY 9 u N • — N PURLIC v Note Public in and for the State of Washington, -7, RN siding at Spokane County, Washington UPIAIAc�` Notary Stamp Paper Affidavits PUBLISH: March 4, 2011 and March 11, 2011 SR22371 SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: ADVERTISEMENT FOR BIDS City of Spokane Valley Public Works Dept. Bid #11 -008 Sprague Ave. ITS Project - Phase 1 STATE OF WASHINGTON County of Spokane )SS. MICHAEL I IUFFMAN , being first duty sworn on oath deposes and says that he is the EDITOR , of The Spokane Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as it was published in regular issues commencing on the 4th day of March, 2011 and ending the 11th d r 2LOIL all f s inclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: ADVERTISEMENT FOR BIDS S UB RIBE d SWORN to before me CITY OF SPOKANE VALLEY PUBLIC WORKS DEPARTMENT BID #11 -008 SPRAGUE AVE ITS PROJECT— PHASE 1 this 11th day of March 2011. Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for the Sprague Avenue ITS Project —Phase 1. The projectconsists of installing Intel- ligent Transportation System (ITS) equipment along portions of S University Rd and E Sprague Ave. The project includes providing and install- ing fiber optic cable, CCTV camera, Ethernet switches, pull boxes and junction boxes. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Public Works Depart- ment, 11707 E. Sprague Avenue, Suite 106, :i ; •`�a� Spokane Valley, WA 99206, Monday through Friday from 8:00 a.m. to 5:00 p.m. A nonrefund- able charge of $50.00 is required. Copies of the , bid packet including specifications and plans ,. may be obtained in PDF format on a compact disc at no charge. All bids must be accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent (5 %) of the amount of the bid proposed. Failure to furnish a bid bond in compliance with the City's bid deposit surety bond form shall make the bid non - responsive and cause the bid to be rejected. Bids must be submitted in sealed envelopes addressed to the City Clerk of the City of Spo- kane Valley, 11707 E. Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, and received not later 10:00 a.m. Pacific Time, Friday, March 25, 2011. Bid openings will be held immediately thereafter and read aloud in the City Council Chambers, Suite 101. The City of Spokane Valley reserves the right to waive any irregularities or informalities and to reject any or all bids. No bidder may withdraw his bid after the time announced for the bid opening, or before the award and execution of the contract, unless the award is delayed for a period exceeding sixty (60) days. The City of Spokane Valley, in accordance with Title VI of the Civil Rights Act of 1964, (Pub. L.88 -352), Section 16 of the Federal Energy Administration Act of 1974 (Pub.L.93 -275), Sec- tion 401 of the Energy Reorganization Act of 1974 (Pub.L.93 -438), Title IX of the Education Amendments of 1972, as amended (Pub.L.92- 318, Pub.L.93 -568, and Pub.L.94 -482), Section 504 of the Rehabilitation Act of 1973 (Pub.L.93- 112), the Age Discrimination Act of 1975 (Pub. L.94 -135), Title Vlll of the Civil Rights Act of 1968 (Pub.L.90 -284), the Department of Energy Organization Act of 1977 (Pub.L.95 -91), and the Energy Conservation and Production Act of 19,76, ,as.argended ,(Pub.L,94385), and Title 10, Code of kederaj RO& atiopa,- ?art. {040, ereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, no person in the United States shall, on the ground of race, color, national origin, sex, age, or disability, be excluded from participa- tion in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity in consideration for an award. Carrie Koudelka, Deputy City Clerk Spokane Valley 3/4,3/11 No. AFFIDAVIT OF PUBLISHING NOTICE State of Washington County of Spokane I certify that I know or have satisfactory evidence that Michael Huffman is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free kind voluntary act for the uses and purposes men- flonecLiz the - strument. -' �,` ;,, : ,:ci ` Jolen Rae Went k 1 '1 1 1^. ­ ­ 1111 11 ` 1 ^ sp. , ACT Title: Notary Public My a ointment expires: 5 -16 -11 lov� kf�