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11-087.00 AM Landshaper: Terrace View Park Picnic Shelter12 AIA Document A101 T - 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 July in the year 2011 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status, address and other information) This document has important legal City of Spokane Valley Washington c/o Parks and Recreation consequences. Consultation with 11707 East Sprague Avenue Suite 106 an attorney is encouraged with Spokane Valley, Washington 99206 respect to its completion or modification. for the following Project: (Name, location and detailed description) Terrace View Park Picnic Shelter 13525 East 24th Avenue 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. COl� -0 S7 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 AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlleDocument, 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 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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. AIA Document A201 TM -2007, General Conditions of the Contract for Construction, is adopted in this document by and the Contractor: reference. Do nonuse with other (Name, legal status, address and other information) general conditions unless this document is modified. A.M. Landshaper, Inc. 8004 N. Market Street Spokane, Washington 99217 for the following Project: (Name, location and detailed description) Terrace View Park Picnic Shelter 13525 East 24th Avenue 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. COl� -0 S7 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 AleDocument Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AlleDocument, 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 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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. 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 TM —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 2 distribution ofthis AleDocument, orany portion of it may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / underthe law. This documentwas created on 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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 Forty-Five calendar ( 45 ) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be usedwhen coordinated with the date of commencement. If appropriate, insert requirements for earlier Substantial Completion of certain portions of the Work.) See Section 00500 3.3. 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 Eighty two thousand six hundred twelve Dollars ($ 82,612.00 ), 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.) Contract sum includes the Base Bid and Alternate 1 (Parking Lot Lighting) § 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) Init. AIA Document A101 — 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 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 t underthe law. This document was created on 06130/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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 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 10th day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the 10th day of the following month. 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 thirty ( 30 ) 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. Init. AIA Document Al01TM -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 A1013ocument is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 4 distribution ofthis 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 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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 A201-200 7 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.) 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 IA ° Architects. All rights reserved. WARNING: This A Document is protected by U.S. Copyright Law and International Treaties. Unauthorind reproduction or 5 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 underthe law. This documentwas created on 06/30/2011 16:18:05 under the terms of AIA Documents- on- Demand order no. 2008256196 , 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) Mike Stone, Director Spokane Valley Parks and Recreation Department 2426 N. Discovery Place Spokane Valley, Washington 99216 § 8.4 The Contractor's representative: (Name, address and other information) Mark Albin A.M. Landshaper 8004 N. Market Street Spokane, Washington 99217 § 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 —2007. Copyright ©1915, 1918,1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977,1987, 1991, 1997 and 2007 by The American Institute of 6 Arch facts. All rights reserved. WAR result in severe civil and criminal penalties, and wi NING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or Will be prosecuted to the maximum extent possible distribution l this AIA ® Document, or any portion of it may t under the terms of AIA Documents -on- Demand TM order no. 2008256196 ,and is not underthe Iaw.This documentwas created on 06/30/2011 16:18:05 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, Sesction 00500 of teh 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 5/13/11 Section 00500 Standard Form of Agreement 5/13/11 Section 00700 General Conditions Modifications 5/13/11 Appendix A Insurance Requirements 5/13/11 Appendix B Sample Bond Forms 5/13/11 Appendix C Washington State Prevailing Wage Rates 5/13/11 Appendix D List of Contract Plans 5/13/11 § 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 5/13/11 Part 2 General Information 5/13/11 Part 3 Bid Response Documents 5/13/11 Part 4 Sample Contract 5113111 Part 5 Technical Specifications 5/13/11 In it. 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 AIODocument is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or 7 distribution ofthis AleDocument, 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 06/30/2011 16:18:05 under the terms of AIA Documents- on- Demand order no. 2008256196 , 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 E -1 Electrical Engineering Plan L -1/L -2 Demolition Plan /Site Plan L -3/L -4 Landscape Plan /Construction Details E1.2 Details 1 Shelter Plan (RCP) 2 Shelter Plan (RCP) § 9.1.6 The Addenda, if any: Number Date Date Pages 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. ALA 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 the Terrace View Park Picnic Shelter Project 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 Ale Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or 8 distribution ofthis AleDocument, 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 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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. Delete Article 11 on page 24 of Section 00700. (State bonding requirements, if any, and limits of liability for insurance required in Article 11 of AIA Document A201- 2007) Insurance Requirements are found in Appendix A. Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Th7Ae n er nto as of the day an d year first written above. PWAR (Signature) / CONTRACTOR (Signature) IJGcicSOGt Mark C. Albin, President (Printed name and title) (Printed name and title) 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 Init. Architects. All rights reserved. WARNING: This Ale Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or 9 distribution ofthis AIA 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 documentwas created on 06/30/2011 16:18:05 under the terms of AIA Documents -on- Demand TM order no. 2008256196 , 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. ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDfrM) Ta 07/06/2011 PRODUCER 509.323.3232 FAX 509.323.3211 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Farmi n, Rothrock & Parrott, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 2110 N Washington ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 5 Spokane, WA 99205 INSURERS AFFORDING COVERAGE NAIC # INSURED A.M. Landshaper, Inc INSURER A. Travelers Insurance Company 8004 N. Market INSURERS: Spokane, WA 99217 INSURER C: INSURER D: I INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE MM/DDIYYYY DATE(MM/D LIMITS GENERAL LIABILITY 660- 1902NO68- IND -09 02/24/2011 02/24/2012 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMIS Ea occurrence $ 100, TO RENTED CLAIMS MADE a OCCUR MED EXP (Arty one person) $ S A PERSONAL 8 ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 [ GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 100D 000 X POLICY PRO-- LOC AUTOMOBILE LIABILITY BA- 1977N889- 09 -SEL 02/24/2011 02/24/2012 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000 BODILY INJURY $ ALL OWNED AUTOS A SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON - OWNEDAUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS I UMBRELLA UA131LITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION 660- 1902NO68- IND -09 02/24/2011 02/24/2012 X TORY LIMITS X ER AND EMPLOYERS' LIABILITY YIN E CUTIVE E,L. EACH ACCIDENT $ 1, 000, 00 0 A QFFICER/MEM E�XCLUOER (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ 1 QQO, 0Q E.L. DISEASE - POLICY LIMIT $ 1,000,00 describe under If SPECIAL PROVISIONS below OT ER nand Marine 660- 2804N915- TIL -09 02/24/2011 02/24/2012 $565,000 Leased/Rented Equip A $SOO Deductible Special Form DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS ity of Spokane Valley Parks and Recreation Department are named Additional Insureds per lanketed insured # CGD1861103 for Project: Terrace View Park Picnic Shelter. 0 10 day notice of cancellation for non - payment of premium. �.ctc 1 Irwr� I c nvw�ec vnr.vcw.. cur. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL "' DAYS WRITTEN City of Spokane Valley NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Parks and Recreation Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 2426 N Discovery Place REPRESENTATIVES. Spokane Valley, WA 99216 AUTHORIZED REPRESENTATIVE ACORD 25 ©1988 -2009 reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - ADDITIONAL INSUREDS 4� o= m= - r� i O� w m This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS b. The "personal injury" or "advertising injury" for COMMERCIAL GENERAL LIABILITY CONDITIONS which coverage is sought arises out of an of- (Section IV), Paragraph 4. (Other Insurance), is fense committed amended as follows: subsequent to the signing and execution of that 1. The following is added to Paragraph a. Primary contract or agreement by you. Insurance: 2. The first Subparagraph (2) of Paragraph b. Ex- However, if you specifically agree in a written con- cess Insurance regarding any other primary in- tract or written agreement that the insurance pro- surance available to you is deleted. vided to an additional insured under this 3. The following is added to Paragraph b. Excess Coverage Part must apply on a primary basis, or Insurance, as an additional subparagraph under a primary and non - contributory basis, this insu- Subparagraph (1): ance is primary to other insurance that is avail- That is available to the insured when the insured able to such additional insured which covers such is added as an additional insured under any other additional insured as a named insured, and we policy, including any umbrella or excess policy. will not share with that other insurance, provided that: a. The "bodily injury" or "property damage" for which coverage is sought occurs, and CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 003171 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PRO- VISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Damage To Premises Rented To You Extension • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises. E. Blanket Additional Insured — Lessor of Leased Equipment F. Incidental Medical Malpractice G. Personal Injury — Assumed by Contract H. Extension of Coverage — Bodily Injury I. Injury to Co- Employees and Co- Volunteer Workers J. Aircraft Chartered with Crew K. Non -Owned Watercraft— Increased from 25 feet to 50 feet L. Increased Supplementary Payments • Cost for bail bonds increased to $2,500 • Loss of earnings increased to $500 per day M. Knowledge and Notice of Occurrence or Offense N. Unintentional Omission O. Reasonable Force — Bodily Injury or Property Damage PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Rem 1. of the Declarations and any organization, other than.a partnership or joint venture, over which you maintain ownership or majority in- terest on the effective date of the policy. However, coverage for any such organization will cease as of the date during the policy pe- riod that you no longer maintain ownership of, or majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, unless reported in writing to us within 180 days. 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. DAMAGE TO PREMISES RENTED TO YOU EXTENSION 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE Lk ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a.. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section 111). 2. This insurance does not apply to damage to z premises while rented to you, or temporarily CG D1 86'1101 Copyright, The Travelers Indemnity Company, 2003 Page 1 of 5 . _ _. .......... _. COMMERCIAL GENERAL LIABIL uy �r— oil= o o m= o of o c� • �i occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Part 6. of LIMITS OF INSURANCE (Section 111) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for damages be- cause of "property damage" to any one prem- ises while rented to you, or temporarily occu- pied by you with permission of the owner, caused by fire, explosion, lightning, smoke resulting from such fire, explosion, or light- ning, or water. The Damage To Premises Rented To You Limit will apply to all damage proximately caused by the same "occur- rence", whether such damage results from fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning, or water, or any combination of any of these. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Under DEFINITIONS (Section V), Paragraph a. of the definition of "insured contract" is amended so that it does not include that por- tion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or temporarily occupied by you with permis- sion of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I – Coverages) is excluded by.endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you prior to loss. D. BLANKET ADDITIONAL INSURED – MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section 10 is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the fol- lowing provisions: 1. Limits. of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence that takes place after you cease to be a tenant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is :excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. E. BLANKET ADDITIONAL INSURED –LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section IQ is amended to include as an insured any person or organization (referred to below as "additional insured') with Page 2 of 5 Copyright, The Travelers Indemnity Company, 2003. CG D1 86 1103 003172 'COMMERCIAL GENERAL LIABILITY whom you have agreed in a written contract, exe- cuted prior to loss, to name as an additional in- sured, but only with respect to their liability arising out of the maintenance, operation or use by you of equipment leased to you by such additional in- sured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide, or the lim- its shown on the Declarations, whichever is less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "occurrence" that takes place after the equipment lease expires; or b. "Bodily injury" or. "property damage" aris- ing out of the sole negligence of such ad- ditional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible insurance available to such additional in- sured, unless you have agreed in a written contract for this insurance to apply on a pri- mary or contributory basis. F. INCIDENTAL MEDICAL MALPRACTICE 1. The definition of "bodily injury" in DEFINI- TIONS (Section V) is amended to include "In- cidental Medical Malpractice Injury". 2. The following definition is added to DEFINI- TIONS (Section V): "Incidental medical malpractice injury" means bodily injury, mental anguish, sickness or dis- ease sustained by a person, including death resulting from any of these at any time, aris- ing out of the rendering of, or failure to ren- der, the following services: a. Medical, surgical, dental, laboratory, x -ray or nursing service or treatment, advice or G. instruction, or the related furnishing of food or beverages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or c. First aid. d. "Good Samaritan services ". As used in this Provision F., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 3. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section 11) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 2. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 4. The following exclusion is added to.paragraph 2. Exclusions of COVERAGE A. - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) Liability arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured. 5. For the purposes of determining the applica- ble limits of insurance, any act or omission, together with all related acts or omissions in the furnishing of the services described in paragraph 2. above to any one person, will be considered one "occurrence ". 6. This Provision F. does not apply if you are in the business or occupation of providing any of the services described in paragraph 2. above. 7. The insurance provided by this Provision F. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. PERSONAL INJURY — ASSUMED BY COW TRACT 1. The Contractual Liability Exclusion in Part 2., Exclusions of COVERAGE B. PER- SONAL AND ADVERTISING INJURY LIABIL- ITY (Section I — Coverages) is deleted and replaced by the following: (This insurance does not apply to:) . Contractual Liability "Advertising injury" for which the insured has assumed liability in a contract or agreement. {' This exclusion does not apply to liability for CG D1 86 1103 Copyright, The Travelers Indemnity Company, 2003 Page 3 of 5 ................ M o o M— of o o m= COMMERCIAL GENERAL LIABIL) e 2. 3. damages that the insured would have in the absence of the contract of agreement. Subparagraph f. of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted and replaced by the following: f. That part of any other, contract or.agree- ment pertaining to your business (includ- ing an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury," "property damage" or "per- sonal injury" to a third party or organiza- tion. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. This Provision G. does not apply if COVER- AGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY is excluded by endorse- ment. H. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per - son, including death resulting from any of these at any time: I. INJURY TO CO- EMPLOYEES AND CO- VOLUNTEER WORKERS 1. Your "employees" are insureds with respect to "bodily injury" to a co-"employee" in the course of the co "employee's" employment by you, or to your "volunteer workers" while per- forming duties related to the conduct of your business, provided that this coverage for your "employees" does not apply to acts outside the scope of their employment by you or while performing duties unrelated to the conduct of your business. 2. Your "volunteer workers" are insureds with respect to "bodily injury" to a co- "volunteer worker" while performing duties related to the conduct of your business, or to your "employ- ees" in the - course of the "employee's" em- ployment by you, provided that this coverage for your "volunteer workers" does not apply while performing duties unrelated to the con- duct of your business. 3. Subparagraphs 2.a.(1)(a), (b) and (c) and 3.a. of WHO IS AN INSURED (Section 11) do not apply to "bodily injury" for which insurance is provided by paragraph 1. or 2. above. J. AIRCRAFT CHARTERED WITH CREW 1. The following is added to the exceptions con- tained in the Aircraft, Auto Or Watercraft Exclusion in Part 2., Exclusions of COVER- AGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section l — Coverages): (This exclusion does not apply to) Aircraft chartered with crew to any insured. 2. This Provision J. does not apply if the char- tered aircraft is owned by any insured. 3. The insurance provided by this Provision J. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. K. NON -OWNED WATERCRAFT 1. The exception contained in Subparagraph (2) of the Aircraft, Auto Or Watercraft Exclu- sion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Fifty feet long or less; and (b) Not being used to carry persons or property for a charge; 2. This Provision K. applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a water- craft. 3. The insurance provided by this Provision K. shall be excess over any other valid and col- lectible insurance available to the insured, whether primary, excess, contingent or on any other basis, except for insurance pur- chased specifically by you to be excess of this policy. L. INCREASED SUPPLEMENTARY PAYMENTS Parts b. and d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section I — Coverages) are amended as follows: 1. In Part b. the amount we will pay for the cost of bail bonds is increased to $2500. Page 4 of 5 Copyright, The Travelers Indemnity Company, 2003 CG D1 86 11 03 003173 2. In Part d. the amount we will pay for loss of earnings is increased to $500 a day. M. KNOWLEDGE AND NOTICE .OF OCCUR- RENCE OR OFFENSE I. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of OG currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim under this insur- ance shall be given as soon as practicable af- ter knowledge of the "occurrence" or offense has been reported to any insured.listed under Paragraph 1. of Section II — Who Is An In- sured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice. Knowledge by other "employee(s)" of an "oc- currence" or of an offense does not imply that you also have such knowledge. 2. Notice shall be deemed prompt if given in good faith as soon as practicable to your workers' compensation insurer. This applies only if you subsequently give notice to us as soon as practicable after any insured listed under Paragraph 1. of Section 11 — Who Is An Insured or an "employee" (such as an insur- ance, loss control or risk manager or adminis- trator) designated by you to give such notice discovers that the "occurrence ", offense or claim may involve this policy. 3. However, this Provision M. does not apply as respects the specific number of days within CG D1.8611 03 `U GENERAL LIABILITY which you are required to notify us in writing of the abrupt commencement of a discharge, release or escape of "pollutants" which causes _ "bodily injury" or "property damage" which may otherwise be covered under this policy. N. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you shalt not prejudice your rights under this insurance. How- ever, this Provision N. does not affect our right to collect additional premium . or to exercise our right of cancellation or nonrenewal in .accordance with applicable state insurance laws, codes or regula- tions. O. REASONABLE FORCE — BODILY INJURY OR PROPERTY DAMAGE The Expected Or Intended Injury Exclusion in Part 2., Exclusions of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is deleted and replaced by the following: (This insurance does not apply to:) Expected or Intended Injury or Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury or "property damage" resulting from the use of rea- sonable force to protect persons or property. P.O. Box 1389 Simi Valley, CA 93062 (Ph) 805 - 823 -8045 (Fax) 805 -522 -7171 Request for Job Information Notice To Owner /Preliminary Notice To: From: Enjoli Martinez on behalf of Horizon Fax #: 5094684225 Date: 7/6/2011 Re: Request for Job information Pages: Including Cover Sheet Please help us make sure our records for this job are accurate and complete. Our client provided materials or equipment for the job referenced below. If you could take a moment to corrector complete the information below, we'd appreciate it. When complete, please fax this form back to Enjoli Martinez at 805 - 522 -7171 or email the information to EMartinez @crfsolutions.com and reference the CRF Ref# below. If you have a copy of a Notice of Commencement (NOC) you can avoid filling in the information below and fax a copy of the NOC to our office and reference our Account # above. Thank you for your help. CRF Ref #: 631663 Horizon Your Ref /PO #: Subcontractor. • AM IRRIGATION & LANDSCAPE Job Name and Job Address: MADISON ELEMENTARY SCHOOL 319 W. NEBRASKA AVENUE SPOKANE, WA 99205 Type Of Job: Private - Commercial ❑ Public ❑ Residential ❑ If you show a different job information, please enter it here: Parcel !D /APN #: Building Permit #: OwnerName/Public Entity Prime Contractor /General Contractor (Party Contracted Directly Afth Owner) Name. Name: Address Address City, State, Zip: City, State, Zip: Phone: Fax: Phone: Fax: Construction Lender Payment Bond/Surety Company (Party Financing the Constnrcton) Name: Name: Address Address City, State, Zip: City, State, Zip: Phone: Fax: Phone: Fax. Loan #. Bond #: 21 Verify Workers' Comp Premium Status - Employer Liability Certificate Washington State Department of Labor and Industries Department of Labor and Industries Employer Liability Certificate Date: 07/18/2011 UBI #: 601 701 273 Business Name: A M LANDSHAPER INC Legal Business Name: A M LANDSHAPER INC Account #: 816,368 -01 'Doing Business As' Name: A M LANDSHAPER INC Page 1 of 1 Employer Liability Certificate Estimated Workers Reported: Quarter 1 of Year 2011 "7 to 10 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 AMLANI *971DO 2/24/2012 Account Representative: T2 / KATHY WITHERS (360)902 -4829 - Email: WITE235 @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 /AcctInfoPrint.aspx ?Accountld= 81636801 &AccountManag. 7/18/2011