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11-057.00 Bouten Construction: Greenacres Park Ph 1
AIA Document A101' - 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the 11th day of May in the year 2011. an words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) City of Spokane Valley Washington c/o Parks and Recreation 11707 East Sprague Avenue Suite 106 Spokane Valley, Washington 99206 and the Contractor: (Name, legal status, address and other information) Bouten Construction Company P.O. Box 3507 Spokane, Washington 99202 for the following Project: (Name, location and detailed description) Greenacres Park Phase 1 Project No. PR -0001 1311 North Long Road, Spokane Valley, Washington 99016 The Architect: (Name, legal status, address and other information) Michael Terrell - Landscape Architect 1421 N. Meadowwood Lane, Suite 150 Liberty Lake, Washington 99019 The Owner and Contractor agree as follows. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA Document A101 T —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991,1997 and 2007 by The American Institute or [nit. Architects. All rights reserved. WARNING: This AlODocument Is protected by U.S. Copyright taw and International Treaties. Unauthorized reproduction or distribution of this AleDocument, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t underthe law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents -on- Demand TM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. Loll -o57 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The date of commencement shall be stated in the Notice to Proceed by the Owner. If, prior to the commencement of the Work, the Owner requires time to file mortgages and other security interests, the Owner's time requirement shall be as follows: § 3.2 The Contract Time shall be measured from the date of commencement. AIA Document A101 T" — 2007. Copyright O 1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 2 distribution of this AleDocument, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents- on- DemandTm order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than See Section 00500 ( ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) Under Section 00500 3.3 delete one hundred eighty (180) and replace with one hundred twenty (120). Portion of the Work Substantial Completion Date , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion on time or for bonus payments for early completion of the Work.) ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be include Base Bid plus Alternates 1 -4 for a total of Nine Hundred Twenty Six Thousand Sixteen Dollars ($ 926,016.00 ), subject to additions and deductions as provided in the Contract Documents. § 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) Alternate #1 - Phase 2 turf and irrigation Alternate #2 - Add sand and water play area Alternate #3 - One Phase 2 small shelter Alternate #4 - Substitute concrete for asphalt on perimeter path § 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) AIA Document A101 T —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AleDocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 3 distribution of this AleDocument, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / underthe law. This document was created on 04120/2011 17:48:54 under the terms of AIA Documents- on- DemandTM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item None Price ($0.00) ARTICLE 5 PAYMENTS § 5.1 PROGRESS PAYMENTS § 5.1.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: See Section 00500. § 5.1.3 Provided that an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the day of the (same) (follomonth. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than See Section 00500 ( ) days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.5 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of See Section 00500 percent( %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Section 7.3.9 of AIA Document A201TM -2007, General Conditions of the Contract for Construction; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of See Section 00500 percent( %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A201 -2007. AIA Document A101 T" —2007. Copyright ©1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987,1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution of this AIA ° Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents -on- Demand TM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 5.1.7 The progress payment amount determined in accordance with Section 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section 9.8.5 of AIA Document A201 -2007 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9.10.3 of AIA Document A201 -2007. § 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Sections 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation.) See Section 00500. § 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. § 5.2 FINAL PAYMENT § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2.2 of AIA Document A201 -2007, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. § 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: See Section 00500. ARTICLE 6 DISPUTE RESOLUTION § 6.1 INITIAL DECISION MAKER The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A201 -2007, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) AIA Document A101 T" —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Init. Architects. All rights reserved. WARNING: This AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 5 distribution of this AleDocument, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents-on-DemandTM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 6.2 BINDING DISPUTE RESOLUTION For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A201 -2007, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) 0 Arbitration pursuant to Section 15.4 of AIA Document A201 -2007 ❑ Litigation in a court of competent jurisdiction ❑ Other: (Spec) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201 -2007. § 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -2007. ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A201 -2007 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) § 8.3 The Owner's representative: (Name, address and other information) § 8.4 The Contractor's representative: (Name, address and other information) § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. Init. AIA Document A101 T^" —2007. Copyright©1915, 1918, 1925, 1937, 1951, 1958,1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA ° Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 6 distribution of this AleDocument, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t underthe law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents -on- Demand TM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 8.6 Other provisions: See pages 22 - 24, Section 00500 of the Contract Provisions and Plans. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A101 -2007, Standard Form of Agreement Between Owner and Contractor. § 9.1.2 The General Conditions are AIA Document A201 -2007, General Conditions of the Contract for Construction. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date Section 00300 Special Conditions 2/25/11 Section 00500 Standard Form of Agreement 2/25/11 Section 00700 General Conditions Modifications 2/25/11 Appendix A Insurance Requirements 2/25/11 Appendix B Sample Bond Forms 2/25/11 Appendix C Washington State Prevailing Wage Rates 2/25/11 Appendix D List of Contract Plans 2/25/11 § 9.1.4 The Specifications: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Pages Section Title Date Pages Part 1 Introduction 2/25/11 Part 2 General Information 2/25/11 Part 3 Bid Response Documents 2/25/11 Part 4 Sample Contract 2/25/11 Part 5 Technical Specifications 2/25/11 AIA Document A101 TM —2007. Copyright ©1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of I nit. Architects. All rights reserved. WARNING: This AIA! Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 7 distribution of this AWDocument, or any portion of it may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / underthe law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents- on- DemandTm order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 1 Cover 2/25/11 LD -1 Demolition Plan 2/25/11 M -1 Mechanical Plan 2/25/11 E0.1 - E6.1 Schedules, Specifications, Details, PAvilion, Diagrams 2/25/11 C -1 - C -8 Erosion, Grading, Utilities, Streets, Details 2/25/11 L -1 - L15 Grading, Play Areas, Site Plan, Irrigation, Planting Details 2/25/11 § 9.1.6 The Addenda, if any: Number Date Pages 41 2/25/11 6 42 2/25/11 12 #3 2/25/11 2 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents: .1 AIA Document E201Tm -2007, Digital Data Protocol Exhibit, if completed by the parties, or the following: .2 Other documents, if any, listed below: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201 -2007 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) Modifications to the Standard Form of Agreement for Project # PR -11 -001 attached hereto and included herein by reference. Init. AIA Document A101 TM —2007. Copyright ©1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974,1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlODocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 8 distribution of this Ale Document, or any portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents- on- DemandT" order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article 11 of AIA Document A201 -2007. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 ofAL4 Document A201- 2007.) Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) This Agreement (Printed name and title) L&4 �- (Printed name and title) r Init. AIA Document A101 TM — 2007. Copyright C 1915, 1918, 1925, 1937,1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AW Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 9 distribution of this Ale Document, or any portion of it, may result in severe cfiril and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was created on 04/20/2011 17:48:54 under the terms of AIA Documents- on- DemandTM order no. 2008241859 , and is not for resale. This document is licensed by the American Institute of Architects for one -time use only, and may not be reproduced prior to its completion. BOU77237 A C R 4 � ,[..J CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DIYYY1� 4!29/2 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Commercial Lines - (509) 358 -3800 Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 601 West Main Street, Suite 1400 CONTACT NAME: PHONE FAX IM Ext : A/C No): e ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Spokane, WA 99201 -0635 INSURER A: Valley Forge Insurance Company 20508 INSURED BOuten Construction CO. INSURER B : Continental Insurance Company 35289 INSURER C : Travelers Casualty & Surety Co. of America 31194 PO Box 3507 INSURER D : INSURER E : Spokane, WA 99220 INSURER F PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: 2699566 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY 02091646770 12/31!10 12/31/11 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES E occurrence TED $ 300,000 CLAIMS -MADE a OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X $2,000 PD Ded X WA Stop Gap GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 $ POLICY X PRO LOC B AUTOMOBILE LIABILITY 02091646638 12/31/10 12/31/11 COMBINED SINGLE LIMIT Ee accident $ 1000000 BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ NON -OWNED 1 HIRED AUTOS x AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ H CLAIMS-MADE AGGREGATE $ EXCESS LIAB DED I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- TORY LIM S ER E.L. EACH ACCIDENT $ OFFICERWEMBER EXCLUOED? ❑ NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT I $ C BUILDERS RISK QT6601189R907 10/04/10 11/04/11 $6.000,000 limit ALL RISK COVERAGE $ 2,500 ded DESCRIPTION OF OPERATIONS! LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AS RESEPCTS: GREENACRES PARK PHASE 1; PROJECT NO. PR09991; 1311 NORTH LONG ROAD, SPOKANE VALLEY, WA 99016 PRIMARY ADDITIONAL INSURED STATUS TO CITY OF SPOKANE VALLEY WASHINGTON AS GRANTED BY THE POLICY. PER PROJECT AGGREGATE; ADDITIONAL INSURED INCLUDING COMPLETED OPERATIONS. FORMS ATTACHED. CERTIFICATE HOLDER CANCELLATION The ACORD name and logo are registered marks of ACORD ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SPOKANE VALLEY WASHINGTON THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ' C/O PARKS AND RECREATION 11707 EAST SPRAGUE AVENUE, STE 106 AUTHORIZED REPRESENTATIVE SPOKANE VALLEY, WA 99206�� The ACORD name and logo are registered marks of ACORD ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) ANA G- 140331 -8 (Ed. 01109) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (OPTIONAL) Name of Additional Insured Person(s) Or Organizations (As required by written contracttagreement per Paragraph A. below.) Location(s) of Covered Operations (As per the written contract/agreement, provided the location is within the "coverage territory" of this Coverage Part.) (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) m N 0 0 0 0 N 0 0 A. Section 11- Who Is An Insured is amended to include as an additional insu'red`� " "�aiiy "" pe"rson(s) or organization(s), including:�ariy; person or .organization shown in the Schedule above, whom you are required to add as ai additional in's'ured on this Coverage Part under a' written contract or written agreement, provided: a. The written contract or written agreement was executed prior to: 1. The "bodily injury" or "property damage "; or 2. The offense that caused the "personal and advertising injury" for which the additional insured seeks coverage under this Coverage Part; and b. The written contract or written agreement pertains to your ongoing operations or "your work" for the additional insured(s). B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) or c. "Your:work" that is Included in the "products - ''comple�etl operations hazard" and "performed forefhw but only if this Coverage`Part provided such; coverage, and only = if '`=the - 'br written agreement requires you to provide the additional insured coverage. 2. However, we will not provide the `additional insured any broader coverage or any higher limit of insurance than the least of those: a. Required by the written contract or written agreement; b. Described in B.I. above; or c. Afforded to you under this policy. 3. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract or agreement requires this insurance to be primary. In that event, this insurance will be primary relative to insurance which covers the additional insured as a named insured. We will not require contribution from such insurance if the written contract or written agreement also requires that this insurance be non - contributory. But with respect to all other insurance under which the additional insured G- 140331 -B •.! Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 2 rr..a n4 rnn% i_ _ . c.7 n 4 G- 140331 -B (Ed. 01109', qualifies as an insured or additional insured, this insurance will be excess. 4. The insurance provided to the additional insured terminates when your operations for the additional insured are complete. But if the written contract or written agreement specifies a date until which this insurance must apply, then this insurance terminates: a. On the date specified in the written contract or written agreement; or b. When this policy expires or is cancelled, whichever occurs first. C. With respect to the insurance afforded to the additional insured, the following additional exclusions apply. This insurance does not apply to: 1. "Bodily injury," "property damage," or "personal and advertising injury" arising out of the rendering of,, or the failure to render, any professional architectural, engineering, or surveying services, including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field order change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. 2. "Bodily injury," "property damage," or "personal and advertising injury' arising out of any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. D. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; (2) Tender the defense and indemnity of any claim or "suit" to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part; (3) Except as provided in Paragraph B.3 of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; and (4) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or "suit." We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit." 2. With respect only to the insurance provided by this endorsement, the first sentence of Paragraph 4.a. - of - the Other Insurance"Condition is deleted and replaced with the following: 4. Other Insurance a. Primary Insurance This insurance is primary and non- contributory except when rendered excess by this endorsement, or when Paragraph b. below applies. E. The provisions of the written contract or written agreement do not in any way broaden or amend this - Coverage Part. G- 140331 -B Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 2 (Ed. 01109) _ -- G- 18652 -H CAA (Ed. 01/06) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: a. State or Political Subdivisions COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Part. 1. MISCELLANEOUS ADDITIONAL INSUREDS This insurance does not apply to "bodily with respect to liability arising out of the injury, " "property damage" or "personal WHO IS AN INSURED (Section II) is amended to and advertising injury arising out of " include as an insured any person or organization operations performed for the state or (called additional insured) described in paragraphs municipality. 2.a. through 2.g. below whom you are required to add you and subject to the following additional as an additional insured on this policy under a written b. Controlling Interest contract or agreement but the written contract or Any persons or organizations with a agreement must be: controlling interest in you but only with 1. Currently in effect or becoming effective respect to their liability arising out of: during the term of this policy; and (1) Their financial control of you; or 2. Executed prior to the "bodily injury," 'property (2) Premises they own, maintain or damage" or "personal injury and advertising control while you lease or occupy injury," but these premises. Only the following persons or organizations are This insurance does not apply to additional insureds under this endorsement and structural alterations, new construction coverage provided to such additional insureds is and demolition operations performed by limited as provided herein: or for such additional insured. a. State or Political Subdivisions c. Managers or Lessors of Premises A state or political subdivision subject to A manager or lessor of premises but only the following provisions: with respect to liability arising out of the (1) This insurance applies only with ownership, maintenance or use of that m respect to the following hazards for specific part of the premises leased to which the state or political subdivision you and subject to the following additional s has issued a permit in connection exclusions: with premises you own, rent, or This insurance does not apply to: o control and to which this insurance applies: (1) Any "occurrence' which takes place g � (a) The existence, maintenance, after you cease to be a tenant in that repair, construction, erection, or premises; or removal of advertising signs, (2) Structural alterations, new awnings, canopies, cellar construction or demolition operations entrances, coal holes, driveways, performed by or on behalf of such manholes, marquees, hoistaway additional insured. openings, sidewalk vaults, street banners, or decorations and d. Mortgagee, Assignee or Receiver similar exposures; or A mortgagee, assignee or receiver but (b) The construction, erection, or only with respect to their liability as _— = removal of elevators; or mortgagee, assignee, or receiver and out of the ownership, arising (2) This insurance applies only with maintenance, or use of a premises by respect 'to operations performed by you. you or on your behalf for which the state or political subdivision has This insurance does not apply to issued a permit. structural alterations, new construction or = demolition operations performed by or for such additional insured. &I 8652-H Page 1 of 7 (Ed. 01106) G-11 8652-H (Ed. 01/06) e. Owners /Other Interests — Land is Leased CONDITIONS is deleted and replaced with-the - following: An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. f. Co -owner of Insured Premises A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co- owners liability as co -owner of such premises. g. Lessor of Equipment Any person or organization. from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their written contract or agreement with you for such leased equipment ends. With respect to the insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) To any 'occurrence" which takes place after the equipment lease expires; or (2) To 'bodily injury", 'property damage', or 'personal and advertising injury' arising out of the sole negligence of such additional insured. Any insurance provided to an additional insured designated under paragraphs a. through g. above does not apply to "bodily injury" or "property damage' included within the 'products- completed operations hazard'. As respects the coverage provided under this endorsement, Paragraph 4.b. SECTION IV — COMMERCIAL GENERAL LIABILITY G-1 8652-H (Ed. 01 /06) 4. Other Insurance - .. - b. Excess Insurance This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or agreement specifically requires that this insurance be either primary or primary and noncontributing. Where required by written contract or agreement, we will consider any other insurance maintained by the additional insured for injury or damage covered by this endorsement to be excess and noncontributing with this insurance. 2. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is deleted. 3. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section II — Who Is An Insured: 4. You are an insured when you had an interest in a joint venture, partnership or limited liability company which terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or ' limited liability company. This coverage does not apply: a. Prior to the termination date of any joint venture, partnership or limited liability company; or b. If there is other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. c. To a joint venture, partnership or limited liability company which is or was insured under a ' 'consolidated (wrap -up) insurance program'. 'Consolidated (wrap -up) Insurance program' means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Controlled Page 2of7 G- 18652 -H (Ed. 01 /06) Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). B. The last paragraph of Section II – Who Is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. COVERAGE does not apply to policies issued in the states of New York or Ohio. D. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply if Section I – Coverage B – Personal And Advertising Injury Liability is excluded either by the provisions of the Coverage Part or by endorsement. 5. MEDICAL PAYMENTS 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. The following is added to Section V –Definitions the definition of 'Personal and advertising injury': h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or (b) Any "executive officer', director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any in person or persons by any insured. 4 B. Exclusions of Section 1– Coverage B Personal and Advertising Injury Liability is amended to s include the following: 0 p. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. —_ q. Fines Or Penalties Fines or penalties levied or imposed by a ° governmental entity because of discrimination. C. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discrimination or humiliation committed in . the states of New York or Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY G-11 8652-H (Ed. 01106) A. Paragraph 7. Medical Expense Limit, of Section Ill – Limits of Insurance is deleted and replaced by the following: 7. Subject to 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most we will pay under Section – I – Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000; or (2) The amount shown in the Declarations for Medical Expense Limit. B. This provision 5. (Medical Payments) does not apply if Section I – Coverage C Medical Payments is excluded either by the provisions of the Coverage Part or by endorsement. C. Paragraph 1.a.(3)(2) of Section I – Coverage C – Medical Payments, is replaced by the following: The expenses are incurred and reported to us within three years of the date of the accident; and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT . A. Under Section I = Coverage A – Bodily Injury and Property Damage 2. Exclusions, Exclusion j. is replaced by the following. 'Property damage' to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the 'property 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 ariy contractors or subcontractors working directly or indirectly . on . your .. behalf -.- are- - performing operations, if the 'property damage' arises out of those operations; or Page 3 of 7 G- 18652 -H (Ed. 01/06) (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. You Limit . is-the most we will pay..under_.. . . Section — I — Coverage A for damages because of "property damage" to. any one premises while rented to you or temporarily occupied by you with the permission of the owner, in eluding contents of such premises rented to you for a period of 7 . or fewer consecutive days. The Damage To Premises Rented To You Limit is the greater of: Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to perform operations at the time of loss; or (ff) "property damage' (other than damage by fire) to premises rented to you or temporarily occupied by you with the permission of the owner, or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to 'property damage" included in the 'products- completed operations hazard ". B. Under Section I — Coverage A — Bodily Injury and Property Damage the last paragraph of 2. Exclusions is deleted and replaced by the following. Exclusions c. through n. do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. a. $200,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section IV — Commercial General Liability Conditions is deleted and replaced by the following: (b) That is property insurance for premises rented to you or temporarily occupied by you with the permission of the owner; or E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if Damage To Premises Rented To You Liability under Section I — Coverage A is excluded either by the provisions of the Coverage Part or by endorsement. 7. NON -OWNED WATERCRAFT Under Section I — Coverage A, Exclusion 2.g., subparagraph (2) is deleted and replaced by the following. (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge. 8. NON -OWNED AIRCRAFT Exclusion 2.g, of Section 1 — Coverage A — Bodily Injury and Property Damage, does not apply to an aircraft you do not own, provided that: 1. The pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or. airline transport pilot;. 2. It is rented with a trained, paid crew; and A separate limit of insurance applies to this 3. It does not transport persons or cargo for a coverage as described in Section III — Limits Of charge. Insurance. C. Paragraph 6. Damage To Premises Rented To 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY You Limit of Section III — Limits Of Insurance is replaced by the following: Exclusion e. Contractual Liability of Section I — 6. Subject to 5. above, (the Each Occurrence Coverage B is deleted. Limit), the Damage To Premises Rented To G-1 8652-H (Ed. 01 /06) Page 4 of 7 G- 18652 -H (Ed. 01/06) 10. SUPPLEMENTARY PAYMENTS A. Under Section I – Supplementary Payments – Coverages A and B, Paragraph 1.b., the limit of $250 shown for the cost of bail bonds is replaced by $2,500: B. In Paragraph 1.d., the limit of $250 shown for daily loss of earnings is replaced by $1,000. 11. LIQUOR LIABILITY Exclusion c. of Section i – Coverage A is deleted. when the "occurrence ", offense, claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) An executive officer or the employee designated by you to give such notice, if you are a corporation; or (4) A manager, if you are a limited liability company. G- 18652 -H (Ed. 01/06) Page 5 of 7 12. NEWLY FORMED OR ACQUIRED 17. AGGREGATE LIMITS PER PROJECT ORGANIZATIONS A. For all sums which the insured becomes legally Paragraph 3.a. of Section II – Who Is An Insured is obligated to pay as damages caused by deleted and replaced by the following: °occurrences' under COVERAGE A (SECTION 1), Coverage under this provision is afforded only until the and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be end of the policy period or the next anniversary of this attributed only to ongoing operations at a single policy's effective date after you acquire or form the construction project away from premises owned organization, whichever is earlier. by or rented to the insured: 13. LIBERALIZATION CLAUSE 1. A separate Single Construction Project If we adopt a change in our forms or rules which would General Aggregate Limit applies to each broaden coverage for contractors without an additional construction project away from premises premium charge, your policy will automatically provide owned by or .rented to the insured, and that the additional coverages as of the date the revision is limit is equal to the amount of the General effective in your state. Aggregate Limit shown in the Declarations. 14. UNINTENTIONAL FAILURE TO DISCLOSE 2. The Single Construction Project General HAZARDS Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, Based on our reliance on our representations as to y p except damages because of bodily injury" or existing hazards, if unintentionally you should fall to "property damage' included in the "products - disclose all such hazards at the inception date of your completed operations hazard'; and for policy, we will not deny coverage under this Coverage medical expenses under COVERAGE C Part because of such failure. regardless of the number of: 0 15. NOTICE OF OCCURRENCE a. Insureds; The following is added to paragraph 2. of Section IV – b. Claims made or "suits" brought; or Commercial General Liability Conditions – Duties g In The Event of Occurrence, Offense, Claim or Suit: c. Persons or organizations making claims or bringing 'suits". Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an 3. Any payments made under COVERAGE A for 'occurrence ", offense, claim or "suit' and that failure is damages or under COVERAGE C for medical solely due to your reasonable belief that the 'bodily expenses shall reduce the Single injury" or 'property damage' is not covered under this Construction Project General Aggregate Limit Coverage Part. However, you shall give written notice for that construction project away from of this 'occurrence', offense, claim or 'suit to us as premises owned by or rented to the insured, soon as you are aware that this insurance may apply Such payments shall. not reduce the General to such 'occurrence', offense claim or 'suit'. Aggregate Limit shown in this Declarations nor shall they reduce any other Single — 16. BROAD KNOWLEDGE OF OCCURRENCE Construction Project General Aggregate Limit The following is added to paragraph 2. of Section IV – for any . other separate construction project Commercial General Liability Conditions – Duties away from. premises owned by or rented to =_ in The Event of Occurrence, Offense, Claim or Suit: the insured. You must give us or our authorized representative 4. The limits shown in the Declarations for Each notice of an 'occurrence', offense, claim, or 'suit" only Occurrence, Fire Damage and Medical Expense continue to apply. However, instead G- 18652 -H (Ed. 01/06) Page 5 of 7 G-1 8662-H (Ed. 01 /06) of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single construction project away from premises owned by or rented to the insured: of the insured: This exclusion does not - apply to "bodily injury" or "property damage' I resulting from the use of reasonable force to protect persons or property. 20. OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -UP) INSURANCE PROGRAMS The endorsement EXCLUSION — CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Single Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products- completed operations hazard' is provided, any payments for damages because of 'bodily injury' or "property damage' included in the 'products - completed operations hazard" will reduce the Products - Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limit. D. If a single construction project away from premises owned by or rented to the insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be ' the same construction project. E. The provisions of Limits of Insurance (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. 18. EXPANDED BODILY INJURY Section V — Definitions, the definition of 'bodily injury' is changed to read: 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I — Coverage A — Bodily Injury and Property Damage Liability is replaced by the following: a. 'Bodily injury' or 'property damage' expected or intended from the standpoint 0-1 8652-H (Ed. 01 /06) A. This exclusion does not apply to: 1. Coverage available to you under this policy which is broader in scope than coverage provided to you under a 'consolidated (wrap - up) insurance program' for a construction project in which you are involved; 2. Coverage for your interest only for ongoing operations in excess of all coverage available to you under a 'consolidated (wrap -up) insurance program' for a construction project in which you are involved; and 3. Coverage for your interest only for operations included within the 'products - completed operations hazard' in excess of all coverage available to you under a 'consolidated (wrap - up) insurance program' for a construction project in which you are or have been involved. Paragraphs A.1., A.2. and A.3. above do not apply to any portion of a 'consolidated (wrap -up) insurance program' involving a 'residential structure.' B. The following is added immediately after the first paragraph of provision b. Excess Insurance of Section IV — Commercial General Liability Conditions — Other Insurance: This insurance is excess, over any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to you as a result of your being a participant in a "consolidated (wrap -up) insurance program', but only as respects your involvement in- that 'consolidated (wrap -up) Insurance program ". C. The following . is added to Section V — Definitions: "Consolidated (wrap -up) insurance program' means a construction, erection or demolition project for which the prime contractor /project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, otherwise referred to as an Owner Page 6 of 7 G-1 8652-H (Ed. 01/06) Controlled Insurance Program (O.C:I.P.) or d. An obligation, as required by ordinance, Contractor Controlled Insurance Program to indemnify a municipality, except in (C.C.I.P.). connection with work for a municipality: . "Residential structure' means any structure e. An elevator maintenance agreement; where 30% or more of the square foot area is f, That part of any other contract or used or is intended to be used for human residency including but not limited to single or agreement pertaining to your business multifamily housing, apartments, condominiums, (including an indemnification of a townhouses, co- operatives or planned unit municipality in connection with work developments and also includes their common performed for a municipality) under which areas and /or appurtenant structures (including you assume the tort liability of another pools, hot tubs, detached garages, guest houses parry to pay for 'bodily injury' or "property or any similar structures). When there is no damage' to a third person or organization. individual ownership of units, residential structure Tort liability means a liability that would does not include military housing, be imposed by law in the absence of any college /university housing or dormitories, long contract or agreement. term care facilities, hotels, or motels. Residential Paragraph f. does not include that part of structure also does not include hospitals or any contract or agreement: prisons. (1) That indemnifies an architect, 21. CONTRACTUAL LIABILITY— RAILROADS engineer or surveyor for injury or With respect to operations performed within 50 feet of damage arising out of: railroad property and for which a Railroad Protective (a) Preparing, approving or failing to Liability policy in the name of the railroad has been prepare or approve maps, shop provided, the definition of "insured contract' in the drawings, opinions, reports, SECTION V — DEFINITIONS is replaced by the surveys, field orders, change following: orders or drawings and 'Insured Contract" means: specifications; or a. A contract for a lease of premises. (b) Giving directions or instructions, However, that portion of the contract for a or failing to give them, if that is lease of premises that indemnifies any the primary cause of the injury or person or organization for damage by fire damage; N to premises while rented to you or (2) Under which the insured, if an temporarily occupied by you with architect, engineer or surveyor, Q permission of the owner is not an 'insured assumes liability for an injury or contract'; damage arising out of the insured's b. A sidetrack agreement; rendering or failure to render professional services, including those r c. Any easement or license agreement; listed in paragraph (1) above and supervisory, inspection, architectural or engineering activities. G- 18652 -H (Ed. 01/06) Policy Number: 02091646770 CG 24 04 05 09 Effective Date: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization, but only if the following conditions are met: a. You have expressly agreed to the waiver in a written contract entered into by you; and b. The injury or damage occurs subsequent to the execution of the written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is.added.!o Paragraph 8. Tt'arisfer Of Rights Of Recovery:Agaiist'Otlieris o Us'pf Soction IV — Conditions:. We waive any right of recovery tye. may have against the person or organization shown in the Schedule above because of payments we make for injury or damage aris- CG 24 04 05 09 ing out of your ongoing operations or "your work" .dorie under a contract with that person or organization_and included in the 'products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. {Insurance Services Office, Inc., 2008 Page 1 of 1 0 Verify Workers' Comp Premium Status - Employer Liability Certificate Washington State Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 05/13/2011 UBI #: 328 015 206 Business Name: BOUTEN CONSTRUCTION CO Legal Business Name: BOUTEN CONSTRUCTION CO Account #: 120,370 -00 'Doing Business As' Name: BOUTEN CONST CO Page 1 of 1 Employer Liability Certificate Estimated Workers Reported: Quarter 1 of Year 2011 "51 to 75 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? License: Expire Date: Yes BOUTECC371N0 12/31/2012 Account Representative: T8 / RICHELLE BLOSL (360)902 -4823 - Email: FOLL235 @lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190 https: // fortress. wa. gov/ lni/ crpsi lAcctInfoPrint.aspx ?AccountId= 12037000 &AccountManag... 5/13/2011 193691 AWaR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 12/19/2313 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED • REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT Susan Ames NAME: Commercial Lines-(509)358-3800 PHONE 509-358-3907 TFAX509-358-3937 (AIC,No.Extt) ------ --- (A/C,.09j: Wells FargoInsurance Servicessusan.ames@wellsfargo.com USA, Inc.-CA Lic#:OD08408 E-MAIL susan.ameswelisfar o.com ADDRESS: L% 9 601 West Main Street,Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Spokane,WA 99201-0635 INSURER A: Travelers Indemnity Company 25658 INSURED INSURER B: Phoenix Insurance Company 25623 ,Bouten Construction Co. - - - INSURER C: PO Box 3507 --- -— -- --- - --- --- ----- --- --- -INSURER D: INSURER E: Spokane,WA 99220 INSURER F: COVERAGES CERTIFICATE NUMBER: 7012438 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTRINSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A __-- X X DT6C08024A-IND-13 12/31/13 12/31/14 DAMAGE TO RENTED --- X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ 300,000 JCLAIMS-MADE f X] OCCUR MED EXP(Any one person) $ 10,000 X $5,000 PD Ded PERSONAL&ADV INJURY $ 1,000,000 X WA Stop Gap$1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000.000 POLICY 78, LOC — --------____...- $ B 4/ AUTOMOBILE LIABILITY DT8106C08024A-PHX-13 12/31/13 12/311SINGLE LIMIT 1,000,000 _gm=) _ $ X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED . BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accidence_- $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ ' WORKERS COMPENSATION I WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A - ' (Mandatory In NH) E .DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) AS RESEPCTS:GREENACRES PARK PHASE 1;PROJECT NO.PR09991; 1311 NORTH LONG ROAD,SPOKANE VALLEY,WA 99016 PRIMARY ADDITIONAL INSURED STATUS TO CITY OF SPOKANE VALLEY WASHINGTON AS GRANTED BY THE POLICY. PER PROJECT AGGREGATE; ADDITIONAL INSURED INCLUDING COMPLETED OPERATIONS. FORMS ATTACHED. CERTIFICATE HOLDER CANCELLATION CITY OF SPOKANE VALLEY WASHINGTON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C/O PARKS AND RECREATION THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11707 EAST SPRAGUE AVENUE,STE 106 SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE 90.4.4a., « L 000570 The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) III III III IIII II IIV IIID IIIIII IIII VIII VIII III i ft III II II I III II II I I II IIII creoseisr0000asroz/lo�ro/o(o0 57 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—This endorsement broadens coverage. However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only.Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured— Newly Acquired Or Formed Organizations K. Unintentional Omission F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation • —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g. through n. do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage". Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to"premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire,explosion, (c) Not being used to carry any person or prop or lightning;or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion f. of Section I—Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion j., Damage To Property, in Para is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion—All Pollu- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title. 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage" as described in Para- COVERAGES — COVERAGE A. BODILY graph 6. of SECTION III — LIMITS OF IN- SURANCE. CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 6 000571 I IIIIIII III IIIIIII IIII 1101 101 111 0111 IIII 1110 11111 1101 1110 I III VIII VIII 3 -CYB06B19/000049/03/10/0/0/0/0' COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire;explosion;lightning; smoke resulting from nish these bonds. such fire, explosion, or lightning; or water; or 2. The following replaces Paragraph 1.d, of any combination of any of these causes. SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit",including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a. of the 1. The following is added to the definition of"oc- definition of"insured contract" in the DEFINI- currence"in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any "Good Samaritan services"to a person. person or organization for "premises 2. The following is added to Paragraph 2.a.(1)of damage"is not an"insured contract"; SECTION II—WHO IS AN INSURED: 5. The following is added to the DEFINITIONS Paragraph (1)(d) above does not apply to Section: "bodily injury" arising out of providing or fail- "Premises g damage" means "property dam- in to provide: 9 age"to: (i) "Incidental medical services" by any of a. Any premises while rented to you or tern- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse,licensed practical of the owner;or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic;or premises is rented to you, if you rent such (Ii) First aid or"Good Samaritan services" by premises for a period of seven or fewer any of your "employees" or "volunteer consecutive days. workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV—COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for"premises damage"; vices" during their work hours for you will or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 000572 III III III SIH II 111 III I I III IIII VIII IIIII 1110 11W .CYeo6a19,000049,04„0,0,0,0/0• COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE: other than a partnership,joint venture or lira- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will qualify as a provide "incidental medical services",first aid Named Insured if there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that or- son will be deemed to be one"occurrence". ganization. However: 4. The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I—COV- only: ERAGES—COVERAGE A BODILY INJURY (1) Until the 180th day after you acquire or AND PROPERTY DAMAGE LIABILITY: form the organization or the end of the Sale Of Pharmaceuticals policy period, whichever is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form it;or cals committed by, or with the knowledge or (2) Until the end of the policy period, when consent of,the insured. that date is later than 180 days after you 5. The following is added to the DEFINITIONS acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services"means: within 180 days after you acquire or form a. Medical, surgical,dental,laboratory,x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages;or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization;and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services"means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess Insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- The following is added to SECTION II—WHO IS TIONS: AN INSURED: The insurance is excess over any valid and collectible other insurance available to the in- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named Insured in the Declare- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage"that occurred, or "personal Paragraph 2.a.(1) of Section II —Who Is An injury" or "advertising injury" caused by an of- Insured. fense committed after the date, if any, during the E. WHO IS AN INSURED — NEWLY ACQUIRED policy period, that you no longer maintain an OR FORMED ORGANIZATIONS ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. II—WHO IS AN INSURED: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 3 of 6 000511 111111111111111111111 11111 lHl III II I IIIU 11th 11th 11th 11th 1 I 11010111 III IIII •CYB96B19/000049/05/10/0/0/0/0• COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED —OWNERS, H. BLANKET ADDITIONAL INSURED—LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II —WHO IS The following is added to SECTION II—WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on dude as an additional insured on this Coverage this Coverage Part is an insured,but only with re- Part is an insured, but only with respect to liability spect to liability for "bodily injury", "property dam- for "bodily injury", "property damage", "personal age","personal injury"or"advertising injury"that: injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising occurs, or is "personal injury" or "advertising commit- injury" caused by an offense that is commit- injury" caused by an offense that is ted, subsequent to the execution of that con- ted, subsequent to the execution of that con tract or agreement;and tract or agreement; and b. Is caused, in whole or in part, by your acts or b. Arises out of the ownership, maintenance or omissions in the maintenance, operation or use of that part of any premises leased to use of equipment leased to you by such you. equipment lessor. The insurance provided to such premises owner, The insurance provided to such equipment lessor manager or lessor is subject to the following pro- is subject to the following provisions: visions: a. The limits of insurance provided to such a. The limits of insurance provided to such equipment lessor will be the minimum limits premises owner, manager or lessor will be which you agreed to provide in the written the minimum limits which you agreed to pro- contract or agreement, or the limits shown on vide in the written contract or agreement, or the Declarations, whichever are less. the limits shown on the Declarations, which- ever are less. b. The insurance provided to such equipment lessor does not apply to any"bodily injury" or b. The insurance provided to such premises "property damage" that occurs, or "personal owner, manager or lessor does not apply to: injury"or"advertising injury"caused by an of- (1) Any "bodily injury" or "property damage" fense that is committed, after the equipment that occurs,or"personal injury"or"adver- lease expires. tising injury" caused by an offense that is c. The insurance provided to such equipment committed,after you cease to be a tenant lessor is excess over any valid and collectible • in that premises;or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager. that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS the written contract or agreement that this in The following is added to SECTION II—WHO IS surance must be primary to, or non- AN INSURED: contributory with, such other insurance, in which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance_ you or on your behalf and that you are required Page 4 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 000574 lift III 1111111 IlU II 11 IfflI III 01 I I II 11 IIH II U 111111 1111 .CYao6a19,000049,06,10/0,0,0,0• 1 . COMMERCIAL GENERAL LIABILITY 1 by any ordinance, law or building code to include (ii) A manager of any limited liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (iii)An executive officer or director of "bodily injury", "property damage", "personal in- any other organization; jury"or"advertising injury"arising out of such op- that is your partner, joint venture erations. member or manager;or The insurance provided to such state or political (b) Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited Ii- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury"or"advertising injury"arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision;or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense will be deemed to be given as eluded in the"products-completed operations soon as practicable if it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us of the"occurrence"or offense as soon as The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or practicable after any of the persons de Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e. (1) or(2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense may result in sums to which the insurance e. The following provisions apply to Paragraph provided under this Coverage Part may a. above, but only for the purposes of the in- apply. surance provided under this Coverage Part to However, if this Coverage Part includes an en- you or any insured listed in Paragraph 1.or 2. of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants"which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual(if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers"or directors (if you are an organiza- The following is added to Paragraph 6., Repro- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an"occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer (I) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV— COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 000575 IIII III IIHI III III I I HI III HII IH IIffl IIH III IN III I Iffi IIH IIII IIII .CYao6e19,000049ro7„0,0,0,0/0. , COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish,mental injury, shock,fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion,but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs;or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of"insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- leted. The following replaces the definition of "bodily injury"in the DEFINITIONS Section: Page 6 of 6 ©2011 The Travelers Indemnity Company.All rights reserved. CG D3 16 11 11 000576 II III IIIIIII 1111 III lfflI III VIII II II 101 11 liv 11131101 IIIII(III IIII 'CYBO6B19/000049/00/10/0/0/0/0' DT6C08024A-IND-13 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) The insurance provided to the additional in- "other insurance". But the insurance provided to sured does not apply "bodily i - the additional insured by this endorsement still is pp y y 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 engineering activities. claim. To the extent possible, such notice should include: CG D2 46 08 05 ©2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 000577 1111 111 1111 IIII III I II I IIII III VIII VIII II II VIII VIII VIII VIII 11111 11011 •cre06e19i000049ro9n0i0/0i0/0• • 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 in- receive written notice of the claim or"suit"as person or organization as an additional soon as practicable. sured on this Coverage Part, provided that 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 000578 IIIIIIIIIIIIIIII 1111IIIIIIII IIIIIIIIIIIIll IIII IIIIIIIIIIII11111IIII 1111IIIIII1111 'CYBO6B19/000049/10I1010101010' PUBLIC NOTICE FOR INVITATION TO BID CITY OF SPOKANE VALLEY 4 PARKS & RECREATION DEPARTMENT BID # 11 -001 11707 E SPRAGUE AVENUE, SUITE 106, SPOKANE VALLEY, WA 99200 -6124 Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for Spokane Valley Bid Number 11 -001, Greenacres Park Project. Greenacres Park is a planned neighborhood 8.3 acre park in the North Greenacres neighborhood in the City of Spokane Valley. Phase I develop- ment of the park includes: a restroom, picnic pavilion, children's play area, water splash pad, tot lot, parking lot, site grading, irrigation, turf (seeding and sodding), landscaping, site utilities, sidewalks and pathways. The project bidding includes Base Bid and several alternates. Frontage improvements for Boone Avenue and Long Street will be completed under a separate contract. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Parks & Recreation Department, located at CenterPlace, 2426 N. Discovery Place, Spokane Valley, Washington 99216, Monday through Friday from 8:00 a.m. to 5:00 p.m. A non- refundable $100.00 deposit is required. Copies of the bid packet including specifications and plans may be obtained in PDF format on a compact disc at no charge. There is a pre -bid meeting scheduled for Thursday, March 3 at 10 :30 am at CenterPlace located at 2426 N. Discovery Place. Bids must be submitted in sealed envelopes addressed to the City Clerk of the City of Spokane Valley, 11707 E. Sprague Avenue, Suite 1.06, Spokane Valley, Washington, 99206, and received not later than Thursday, March 17 2011 10:00 a.m. local time. Bid openings will be held immediately thereafter and read aloud in the council chambers at Spokane Valley City Nall at the address listed above. The City retains the right to reject any and all bids and to waive minor irregularities in the bidding process. Informational copies of maps, plans and specifications are on file for inspection at the City of Spokane Valley, Parks & Recreation Department, 2426 N. Discovery Place, Spokane Valley, Washington, (509) 720 -5400. Christine Bainbridge, MMC Spokane Valley City Clerk (509) 720 -5102 PUBLISH: 2 -25, 3 -4, 3 -11 SR2 2349 *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. SR22349 Total Cost: $674.18 J 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 proper and not in a supplement. 42365 No. Lines: 79 Order No. 20479 Subscribed and sworn to before me at the City of Spokane, this �� L VIIVC 15th day of March 2011. �p �g5tioN �� 0 � U tyOTARY ER (IV tary Public in and for the State of Washington, C FINAS�`� `1 residing at Spokane County, Washington Notary Stamp Paper Affidavits PUBLIC NOTICE FOR INVITATION TO BID CITY OF SPOKANE VALLEY •— PARKS & RECREATION DEPARTMENT BID # 11 -001 11707 E SPRAGUE AVENUE, SUITE 106, SPOKANE VALLEY, WA 99206 -6124 Notice is hereby given that the City of Spokane Valley, Spokane County, Washington will accept sealed bids for Spokane Valley Bid Number 11 -001, Greenacres Park Project. Greenacres Park is a planned neighborhood 8.3 acre park in the North Greenacres neighborhood in the City of Spokane Valley. Phase I develop- ment of the park includes: a restroom, picnic pavilion, children's play area, water splash pad, tot lot, parking lot, site grading, irrigation, turf (seeding and sodding), landscaping, site utilities, sidewalks and pathways. The project bidding includes Base Bid and several alternates. Frontage improvements for Boone Avenue and Long Street will be completed under a separate contract. Copies of the bid packet including specifications and plans can be obtained at the office of the City of Spokane Valley Parks & Recreation Department, located at CenterPlace, 2426 N. Discovery Place, Spokane Valley, Washington 99216, Monday through Friday from 8:00 a.m. to 5:00 p.m. A non - refundable $100.00 deposit is required. Copies of the bid packet including specifications and plans may be obtained in PDF format on a compact disc at, no charge. There is a pre -bid meeting scheduled for Thursday, March 3 at 10:30 am at CenterPlace located at 2426 N. Discovery Place. 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 Thursday. March 11 2011 10:00 a.m. local time. Bid openings will be held immediately thereafter and read aloud in the council chambers at Spokane Valley City Hall at the address listed above. The City retains the right to reject any and I all bids and to waive minor irregularities in the bidding process. Informational copies of maps, plans and specifications are on file for inspection at the City of Spokane Valley, Parks & Recreation Department, 2426 N. Discovery Place, Spokane Valley, Washington, (509) 720 -5400. Christine Bainbridge, MIMIC Spokane Valley City Clerk (509) 720 -5102 PUBLISH: 2 -25, 3 -4 3 -11 SR22349 "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. SR22349 No. Lines: Total Cost: $337.09 Order No. 42365 79 20479 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 one time(s), the publication having been made once each time on the following dates: February 25, 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 proper and not in a supplement. Subscribed and sworn to before me at the City of Spokane, this 28th day of February , 2011. �ry Public in and for the State of Washington, residing at Spokane County, Washington v N07gk1, m J► • cn a U) P UBLIC a eER Al Notary Stamp` Paper Affidavits SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: INVITATION TO BID No. City of Spokane Valley Parks & Recreation Department ) AFFIDAVIT OF PUBLISHING Bid # 11 -001 NOTICE STATE OF WASHINGTON ) )ss. County of Spokane ) MICHAEL HUFFMAN , being first duly sworn on oath deposes and says that he is the EDTTOR , of The Spokane Valley News Herald, a weeklynewspaper. Thatsaid newspaper is a legal newspaper audit isnow andhasbeenfor 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 25th day of February, 2011 and ending the 11th day o ar ;oil, aVatq§�nclusive, and that such newspaper was regularly distributed to its subscribers during all of said period: / PUBLIC NOTICE FOR INVITATION TO BID C ITY OF SPOKANE VALLEY ' y B an ORN b to efore me PARKS & RECREATION DEPARTMENT BID #11-001 Z March, 2011. 1th day 11707E SPRAGUE AVENUE, SUITE 106 of SPOKANE VALLEY, WA 99206.6124 Notice is hereby given that the City of Spokane State of Washington Valley, Spokane County, Washington will accept 11- County Of Spokane sealed bids for Spokane Valley Bid Number 001, Greenacres Park Project Greenacres Park' N a planned neighborhood 8.3 acre park i the 1 cer Llfy that know or hav satisfactory evidence that North Greenacres neighborhood in the City y of ant of the park r •. -, ;,: -, Spokane Valley.Phasel ~;� Michael Huffman is the person who peared before p pav play areaewater pas pad, tot l lotnpa king lot, irrigation, turf 1.• -� •�•' k me, and said person acknowledged he signed be his free site grading, (seeding antl sod- •.. ., this instrument and acknowled ed it to this g ding), landscaping, site utilities, sidewalks and -, pathways. The reject bidding includes Base Bid , �f• ^" and voluntary act for the Uses and p urposes men- and several alternates. Frontage improvements ? A1,� :0;' for Boone Avenue Long Street be - ,Honed m the strument. and will com- plated under a separate contract. Copies of the ' �• c; '��, m tv`. N �- ~� bid packet including specifications and plans can �° - •: be obtained at the office of the City of Spokane ^• �^ -:"..• -- Val ley Parks & Recreation Department, located at C' o CenterPlace, 2426 N. Discovery Place, Spokane '.. ; 'ti., r. Jolene Rae ent Valley, Washington 99216, Monday through Fri- 4,.. ,�� • -'•. ,o, 20 +,! ,,: a y, day from 8:00 a.m. to 5:00 p.m. Anon- refundable $100.00 deposit is required. Copies of the bid F1 ti H 1 packet including specifications and plans maybe Title: N ary Public My app expires: 5-16-11 obtained in PDF format on a compact disc at no 1 1.4UD'1 charge. There is a pre-bid meeting scheduled for J Thursday, March 3 at 10:30 am at ._... located at 2426 N. Discovery Place. 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 than Thursday, March_ 17, 2011, 10:g am, local time. Bid openings will be held immediately thereafter and read aloud in the council chambers at Spokane Valley City Hall at the address listed above. The City retains the right to reject any and all bids and to waive minor irregularities in the bidding process. Infor- mational copies of maps, plans and specifications are on file for inspection at the City of Spokane Valley, Parks & Recreation Department, 2426 N. Discovery Place, Spokane Valley, Washington, (509) 720 -5400. Christine Bainbridge, MMC Spokane Valley City Clerk (509)720.5102 2125, 3/4, 3111