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08-109.00 Acme Concrete Paving: Sprague/Bowdish PCCP Intersection. k AGREEMEN -T FOR CONSTRUCTION SERVICES Sprague [Bowdish PCCP Intersection Project City of Spokane Valley Contract No. 08 -023 Acme Concrete Paving, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Acme Concrete Paving, Inc. hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the Sprague/Bowdish PCCP Intersection Project (hereinafter "work ") in accordance with, the 2008 Standard Specifications for Road. Bridge and Municipal Construction of the Washington State Department of Transportation, which are by this reference incorporated herein and made part hereof ( "Contract Documents "), and shall perform any changes in the work in accord with the Contract Documents. The Contractor shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work perforated shall be in compliance with current related industry standards. 1 Term of Contract. This agreement shall be in full force and effect upon execution and shall retnain in effect until all contractual requirements have been met. The City may terminate this agreement by ten days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. City Of Spo{; me Vatley 1 + Agreement For Construction Services Spraguo'Bowdish PCCP Intersection Project Bid No: 08-023 Cob -109 Compensation. The City agrees to pay the Contractor: a fee of $760380.75 for the work, as full compensation for everything furnished and dime under this agreement. 4. Payment. The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below - stated address. The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. 5. 'otiee. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: ACME Concrete Paving, inc. Phone Number: (5 09) 921 -1000 Phone Number: (509) 242 -1234 Address: l 1707 East Sprague Ave., Suite 106 Address: 4124 E. Broadway, Spokane Valley, WA 99206 Spokane, WA 99202 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Prevailing Wages on Public Works. Unless otherwise required by law, if this contract is for a "public work" which is defined as "%%ork, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City," the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing, rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor, a "Statement of Intent to Pay Prevailing Wages" must be submitted to the City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. it is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved. and that the right to control the particular manner, method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownersbip of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access City Of Spokane Valley 14 Agreement For Cons=ction Services Sprnguc.13owdish PCCP Intersection Projcct Bid No: 08 -023 to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matter-, covered by this contract for a period of three (3) years from the date final payment is made hereunder. 11. Warranty. Unless provided otherwise in the Contract Plans or Contract Documents, Contractor %%arrants all work and materials performed or installed under this contract are free from defect or failure for a period of one (1) year following final acceptance by the City, unless a supplier or manufact=r has a warranty for a greater period, which warranty shall be assigned to the City. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the City. 12. Contractor to Be Licensed And Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or danutgc to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Laurance. Contractor shall obtain insurance of the types described below: 1. Automobile_ Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial Gencral liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial insurance laws of the State of Washington. B. :Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: City Of Spokane Valley 15 Agreement For Construction Services SpragueBowdish PCCP Intersection Project Bid No: 08-023 1. Automobile Liability• insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that 51,000,000 each occurrence. $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. C. Usher Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractors insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceprabiliry of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANR E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self- insurance, 14. Indemnification and Held Harmless. The Contractor shall defend, indemnifv and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to P 4,2.4.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Tale 51 l.(C'W, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. City Of Spokane Valley 16 Agreement For Construction Services Sptagua'Bowdish PCCP Intersection Project Bid No: 08.023 15. Waiver. No officer, employee, agent, or other individual acting on behalf of either party, has the power, right. or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement. or by law, shall be taken and construed as cumulative. and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other parry of any provision hereof: shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agTe ment, or any part thereof. 16. Assignment and Delc - ation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 17. Jurisdiction and Venue. This agreement is entered into in Spokane County, NN'ashington. Venue shall lv in Spokane County, State of Washington. City Of Spokane Valley 17 Agreement For Construction Services SpraguelBowdish PCCP Intersection Project Did No: 08 -023 18. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 19. Entire Agreement. This written agreement constitutes the entire and complete agreement het<veen the parties, and supercedes any prior oral or written agreements. This agreement may not he changed, modified, or altered, except in writing and signed by the parties hereto. 20. Anti - kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any, person with an interest in this agreement. 21. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. 22. Severability. if any, section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity, shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 23. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Bid. 2. Insurance Certificates. 3. Performance and Payment bond 4. Contract Documents City Of Spok-anc Valley 18 Agreement For C'onsmction Services Sprogue$owdish PCCP Intersection Project Bid No: 08 -023 SS WHEREOF, the parties have executed this agreement this day of 2008. CITY OF SPOKANE VALLEY: CONTRACT R: City Mana r Owner REDACTED Tax I.D. No.: ATTEST: City Clerk APPROVED AS TO FORM: Office of the City Attorney rdocument contains confidential tax information and been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. City Of Spokane Valley 19 Agreement For Construction Services SpragueBowdish PCCP Intersection Project Bid No: 08 -023 BIDDERS PACKET Broadway Rehabilitation Project - Phase 1 COPY FEDERAL AID NO: STPUS -3846 COSV BID NO. 08 -018 BID PROPOSAL CHECKLIST This Checklist and the documents listed below constitute a complete Bid Proposal. Failure to execute any of the following documents, or any addition, condition or limitation in writing to the form of the bid, not explicitly invited in the Bid Documents or Specifications may become cause for rejection of the bid as irregular. The BIDDER shall check each respective box indicating inclusion of each signed and dated item: Proposal Form ,-ff— Contractor's Administrative Information ,, - Bidder Qualification Statement e-T7—Bid Deposit Form Deposit Surety Bond Form (Use only if submitting Bond) for Bid Deposit) ] Representations and Certifications �] -- Non - Collusion Declaration Disadvantaged Business Enterprise Utilization Certification ,--44-- Certification for Federal -Aid Contracts The above forms have been inserted in a sealed envelope, properly identified and delivered at the place and time described in the Notice to Contractors form. Title: Company: RED DIAMOND CONSTRUCTION, INC. P.O. BOA14806 OPPORTUNITY, WA 99214 CITY OF SPOKANE VALLEY BROADWAY REHABILITATION PROJECT - PHASE 1 RECEIVED AUG 22 2CU8 CITY OF SPOKANE VALLEY CITY CLEPK BID PROPOSAL DOCUMENTS BID N0: 08 -018 CONTRACTOR'S ADMINISTRATIVE INFORMATION 1. PERSONIENTITY a. Name as Registered with the State of Washington: RED DIA M14D CONSTRUCTION, INC b. Mailing Address: PO Box 14806 SPOKANE, WA 99214 Q Physical Address: 5713 SOUTH MOHAWK DRIVE d. Telephone Number (5091922-6674 e. :tea; Number (509) 924 -241 f. idlfashingtorr staLe Contractors License Number. RMDIGIIf 5K4 g- Federal Tax Identification Number _ REDACTED h. Washington State UBI Number: 601 242 586 i. Name of Person Preparing Bid: G. Michael Schimmels J__ Title- of Person Preparing Bid: President. 2. INSURANCE C€)MPAhdff: a. Name of Company: Wells Fargo Insurance b. Name of Insurance Agent: Chuck - Curtis e. Mailing Address. 601 West Mang Spc'kane, WA 9926 d. Telephone Number: (509) 358-3980 Fax Nor (509) 358 -3937 3_ BONDING COMPANY: a. Name of Surety: Travelers Bond 1400SP0569 b. [fame of Bonding Agent: George Schroeder c. "UaTng Address: 601 West Main Ste. 1400 Spokane, AA 99201 d. Telephone Number. (509) 358 -3953 Fax Number (509) 358 -3805 Person/Entity Name: G_ Michael Schimmmels Signature : JWA1 Date: - a ©__zf This document contains confidential tax information tnd] has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. PROPOSAL FORM PROJECT NUMBER: 08 -018 PROJECT TITLE: Broadway Rehabilitation Project - Phase 1 NAME OF FIRM SUBMITTING BID: RED DIAMOND CONSTRUCTION, INC. P.O. BOX 14806 OPPORTUNITY, WA 99214 Each bid shall constitute an offer to the City of Spokane Valley as outlined herein and no bidder may withdraw his bid after the hour set for the bid closing except under the conditions explained in the Information to Bidders Section. RECEIPT OF ADDENDA: Bidder acknowledges receipt of the following addenda: Addendum No. Date Addendum No. Date REJECTION: The City reserves the right to reject any or all proposals, portions or parts thereof and to waive all minor irregularities in bidding. Special attention will be directed to the qualifications of the bidders when considering awarding a contract. TIME TO COMPLETE: The contract shall be completed in Twenty (20) working days from the date of commencement stipulated in a Notice to Proceed. The Notice to Proceed will state the start date of Monday, September 15, 2008. BID IS NOT ELIGIBLE FOR CONTRACTOR'S BOND ELECTION to withhold 50% retainage in lieu.of furnishing a Contractor's Bond (Performance And Payment Bond). FREIGHT: Bid price(s) to include all freight costs to the job site. SCHEDULES: The Base Bid schedule A will be awarded, if the project is awarded. A Bidder must complete all the items in the Base Bid schedule or his bid will be rejected as non- responsive. The undersigned hereby certifies that (he /they) (has/have) personally examined the location and construction details of work as outlined on the plans and specifications for the above project and ( has/have) read thoroughly and understands the plans, specifications, and contract governing the work embraced in this improvement and the method by which payment will be made for said work and hereby proposes to undertake and complete the work embraced in this improvement in accordance with said plans, specifications, and contract in accordance with the unit prices provided below. The Bidder, to be considered responsible, shall provide in legible figures (not words) hand written in ink or typed, a unit price (except Lump Sum items) and total for each of the items shown on the following schedules: CITY OF SPOKANE VALLEY 2 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT - PHASE 1 BID NO: 08 -018 Dmai HEM _ g. "AY REM DESCRIPTION UNITS QUANTITY PRICOUNIT TOTAL AMOUNTS I MOBILIZATION LS LS LS '70W 2 CONSTRUCTION SURVEYING LS IS LS idOp. 3 SPCCPLAN LS LS LS 644 i 4 EROSION CONTROL LS LS LS �oa 5 SCH. A TEMPORARY TRAFFIC CONTROL LS LS LS cu ODD, 6 PLANING HITUMINOUS PAVEMENT SY 9184 e7• 14Iva S 7 REMOVE PCC CURB LF 222 , 33 8 REMOVE PCC CURB AND GUTTER LF 30 7 9 REMOVE PCC SIDEWALK: SY 106 10 SAWCUT ACP PAVEMENT LF -IN 2463 SS D 3 f It HMA CL. 1!2" PG 64 -28 TN 1800 12 ANTI - STRIPPING ADDITIVE CALC 1 -$1.00 41.00 13 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 -$1.00 -$1.00 14 COMPACTION PRICE ADJUSTMENT CALC 1 -$1.00 -$1.00 15 . CRUSHED SURFACING TOP COURSE TON 600 0?7 i >G a,o i 16 ACP STORMWATER/ CONDUIT PATCH SY 60 7g ySOD 17 SYSTEM SYSTEM RAIN TRENCH EXCAVATION SAFETY LF 50 aJ oZi ,r� ADDENDDMNO.2 Page CITY OF SPOKANE VALLEY BROADWAY REHAB PROJECT- PHASE I n...... u:a A _ 1D..A W. lr VnnfinnPd 1lQJY ITEM C LTV VYVYVVav as - ITEM DESCRIPTION UNITS QUANTITY UNIT PRICE TOTALAMOUNTS 18 CATCHBASIN TYPE 1L EA 5 19 SPILL CONTROL SEPARATOR EA 5 IoDD. 20 REPLACE ORYWELL GRATE EA 5 21 EXISTINGDRYWELLCONNECTION EA 5 �SO qsp a 22 SOLID WALL PVC STORM SEWER PIPE, 12 IN. D IAM. LF 50 23 CEMENT CONCRETE CURB LF 222 24 CEMENT CONCRETE CURB AND GUTTER LF 30 25 PEDESTRIAN CURB 26 CEMENT CONCRETE SIDEWALK SY 106 3 / p✓ // /U 27 RAMP DETECTABLE WARNING RETROFIT SF 8 (fit 28 CEMENT CONCR. SIDEWALK RAMP, TYPE 2 EA 7 D r 29 SURVEY MONUMENT EA 1 y i D 30 PLASTIC CROSSWALK LINE SF 368 8, a 31 PAINT TINE LF 4684 �U3s �/ 3G 1/0 32 ADJUST EXISTING MH,CB ORDW EA 4 lDO / ? oaf / 33 PLASTIC STOP LINE LF 56 tp�foZ ' 34 CONDUIT PIPE, 2 IN. DIAM. LF 1465 �.9a S 899 35 CONDUIT PIPE, 2 IN. DIAM. INCL. TRENCH LF 65 /_ ADDENUUMN0.2 Pav 4 CITY OF SPOKANE VALLEY BROADWAYREHAB PROJECT -PHASE 1 B B'd Schedul A - Road Work Continued ase ITEMS e ITEM DESCRIPTION UNITS .. QUANTITY UNIT PRICE TOTAL AMOUNTS 36 JUNCTION BOX, TYPE 2 EA 1 37 JUNCTION BOX, TYPE 7 EA 3 38 INDUCTION LOOP, TYPE 2 EA 8 7d0 5v IJD 39 MINOR CHANGE CALC 1 $1.00 $1.00 40 ADJUST EXISTING VALVE BOX EA 11 o2a ©Qi SCHEDULE A TOTAL d' ADDS DUMNO.2 Page COY OF SPOKANE VALLEY BROADWAY REHAB PROJECT - PHASE I Base Bid Schedule B - Waterline Work ITEM # ITEM DESCRIPTION UNITS QuANT. PRICE/ UNIT TOTAL AMOUNTS I Mobilization LS 1 LS / 2 Waterline Trench Excavation Safety System LF 1,500 3 Traffic Control - Schedule B LS 1 LS i��00. / 4 Ductile Iron Pipe for Water Main 12 ° Diam. LF 1,500 5 Gate Valve — 6 In. (FL x MJ) EA 3 6 Gate Valve —12 In. (FL x MJ) EA 7 7 Gate Valve -12 In. (MJ xMJ). EA I 8 12 "FL x 12 "FL x 12 "FL D.I. Tee EA 2 9 12 "MJ x 12"MJ x 6 "FL D.J. Tee EA 3 10 12 "MJ x 121W x 1271, D.I. Tee EA I 11 12" - 22.5 Degree Bend EA 2 � M 4( 12 12"- 45 Degree Bend EA 1 13 2" ACP Surface Restoration LF 1,500 14 Park Road Patch SY 120 15 BlowoffAssembly EA 2 i ado 16 1" Service Connection EA 3 17 2" Service Connection EA I 18 Driveway Approach Curb LF 10 19 Driveway Approach SY 6 20 Adjust Existing Valve Box EA 5 pp /pig SCEEDULE B TOTAL 8.6 % TAX SCBEDULE B TOTAL INCLUDING TAX ADDEMUMNO: Z' Pap 6 CITY OF SPOKANE VALLEY BROADWAY REHAB PRQTECr -PHASE I' Bid Sum Schedule Description Amount A Base Bid Road Work B Base Bid Waterline Work (Including Tax) 16A 715i t, Base Bid Schedule Total (Including Taxes) at j Person/Entity Name: Signature Of dd a" Company: Date: P.O. BOX 14806 OPPORTUNITY, WA 99214 CITY OF SPOKANE VALLEY BROADWAY REHABILITATION PROJECT - PHASE 1 BID PROPOSAL DOCUMENTS BID NO: 08 -018 BIDDER QUALIFICATION STATEMENT The following statements of experience, personnel, equipment, and general qualifications of the Bidder are submitted with the assurance that the owner can rely on its accuracy and truthfulness. If more space is required for your answers please attach a continuation sheet(s) to the corresponding bid response page referencing the item number. 1. The company has been in business continuously from (month and year) J11- 9� 2. The company has had experience comparable to that required under the proposed contract: a. As a prime contractor for it years. b. As a subcontractor for years. 3. The following is a partial list of work completed that was on an order of magnitude equal to or greater in scope and complexity to that required under the proposed contract. Year Owner & Person to contact Phone No. Location Contract Value aoo7 V � 5�aa. � To�B� 389 d0/7 /� 4. A list of supervisory personnel currently employed by the Bidder and available for work on the project (Construction Manager, principal foreman, superintendents and engineers) is as follows: Name 0 ? 5. Please attach a resume of the qualifications, previous employers, and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. �l I P4r. Q Rd C- 'T. . do I B;e4&( - 6. Following is a listing of all projects the company has undertaken in the last five years, which have resulted in: a. Arbitration or litigation. ow, b. Claims or violations being filed by the Federal Government or the Washington State Departments of L & I, Employment Security or Revenue. Na*/ c. Liens being filed by suppliers or subcontractors. Noa4i Person/Entity Name: Signature Of Bidder: auk - Company: RID DIAMOND CONSTRUCTION, INC. Date: Pd0 oe BOX 14806 OPPORTUNITY, WA 99214 CITY OF SPOKANE VALLEY 9 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT - PHASE I BID NO: 08 -018 Years of Title Experience °"# 30. 5. Please attach a resume of the qualifications, previous employers, and experience of the project manager who is proposed to be assigned to the project. If a resume is not included in the bid documents the bidder agrees to furnish a resume within 24 hours of notice by the City. �l I P4r. Q Rd C- 'T. . do I B;e4&( - 6. Following is a listing of all projects the company has undertaken in the last five years, which have resulted in: a. Arbitration or litigation. ow, b. Claims or violations being filed by the Federal Government or the Washington State Departments of L & I, Employment Security or Revenue. Na*/ c. Liens being filed by suppliers or subcontractors. Noa4i Person/Entity Name: Signature Of Bidder: auk - Company: RID DIAMOND CONSTRUCTION, INC. Date: Pd0 oe BOX 14806 OPPORTUNITY, WA 99214 CITY OF SPOKANE VALLEY 9 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT - PHASE I BID NO: 08 -018 1. PERSONIENTITY a. Name as Registered with the State of Washington: RED DIMIR) CONSTRUCTION, INC b. Mailing Address: PO BOX 14806 SPOKANE, WA 99214 c: Physical Address: 5713 SOUTH NDBAWK DRIVE d. Telephone Number. (5091922-6674 e. Fax Number. (509) 924 -2413 f. Washington State Contractors License Number. REDDICI105R4 g. Federal Tax Identification Number. 91- 1480084 h. Washington State UBI Number. 601 242 586 i. Name of Person Preparing Bid: G. Micbael Schimmel s J1 Title of Person_Preparing.Bid: President. 2. INSURANCE COMPANY: a. Name of Company: Wells Fargo insurance b. Name of Insurance Agent: Chuck-Curtis c. Mailing-Address: 601 West Main Spokane, AA 99261: d. Telephone Number. (509) 358 -3980 Fax Number (509) 358 -3937 3. BONDING COMPANY: a. Name of Surety: Travelers Bond #400SBO569 b. Name of Bonding Agent: George Schroeder c. "Ntai Ing Address: 601 West Main Ste. 1400 Spokane, WA 99201 d. Telephone Number. (509) 358 -3953 Fax Number (509) 358 -3805 Person/Entity Name: G. x; c ael �Sc-hi=els Signature : �/ t Date: tf - a ig-e B Aug 18 08 07:51p NAME OF PROJECT: PROJECT/BID NUMBER: Red Diamond 509 9242413 p.2 BOND NO: N/A — BID BOND BID DEPOSIT SURETY BOND FORM Broadway Rehabilitation Project —Phase I I -90 EB Off Ramp to Park Road 08 -018 NAME OF FIRM: RED DIAMOND CONSTRUCTION INC RID DIAMOND CONSTRUCTION, TRAVELERS CASUALTY AND STY We, INC. asPrincipal,and COMPANY OF AMERICA as Surety, are held and firmly bound unto the CITY OF SPOKANE VALLEY, a Washington State Municipality, in the penal sum of FIVE PERCENT (5 916) OF THE TOTAL AMOUNT BID, for the payment of which we jointly and severally bind ourselves, and our legal representatives and successors. THE CONDITIONS OF THE OBLIGATION are that if the City of Spokane Valley shall make timely award to the Principal according to the terms of the bid documents; and the Principal shall, within ten (10) days after notice of the award, exclusive of the day of notice, enter into the contract with the City of Spokane Valley and furnishes the contractor's bond (performance and payment bond) with Surety satisfactory to the City of Spokane Valley in an amount equal to one hundred percent (100 %) of the amount of the bid proposed including Washington State Sales Tax then this obligation shall be null and void; otherwise if the Principal fails to enter into the contract and furnish the contractor's bond within ten (10) days after notice of the award, exclusive of the day of notice, the amount of the bid deposit shall be forfeited to the City; but in no event will the Surety s liability exceed this bond's face amount_ SIGNED AND SEALED THIS 22NDDAY OF AUGUST YEAR 20 08 . TRAVELERS CASUALTY AND SURETY COMPANY SURETY OF AMERICA Signature CHRIS LARSON Typed Name ATTORNEY —IN —FACT (SEAL) RED DIAMOND CONSTRUCTION, INC. PRINCIPAL Signature A a � / Typed Name Title I(JXIXI 11 BID PROPOSAL DOCUMENTS CITY OF SPOKANE VALLEY BID NO: 08-018 BROADWAY REHABILITATION PROJECT - PHASE 1 WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER ,ft, POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company SL Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company Seaboard Surety Company Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company Attorney -In Fact No. 220210 Certificate No.0 0 2 5 013 40 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies "), and that the Companies do hereby make, constitute and appoint Chris Larson, George C. Schroeder, W.W. Weller, Wm. Dinneen, H. Keith McNally, Kathy Gurley, Jo Ann Mikkelsen, Heather Anderson, and Erin L. Repp of the City of Spokane , State of Wachinoton , their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in thei - business ofguaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or per-trritteSlin anr�s,' dons or pjpceedings allowed by law. 4O 1 � IN WITNESS WFt.EREOF, the Companies have caused this instmmeebto be signeN'�utd theit`co>ra[e seals [o be hereto affixed, this 15th day of July 2008 S�.,r� �� Y` V Farmington Casualty Company �,�`r ,,11Q� Fidelity and Guarantylnwrance Company `0 Fidelity and Guaranty Insurancee Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company SV !' Wr, J� 6 ; O \4 0SU9 J,x''i.,xa Vga\ JPxly nhe 4 VySyryy)%4M I_Y aNY0R9ll::.� ri rl i tc. 19 �< �@'r \_.,lo,E �O State of Connecticut City of Hartford ss. By. t%i i +lr[H Georg Thompson, enior /ice President 15th July 2008 before me personally appeared George Thompson, who acknowledged himself On this the day of Pe Y PP g P g to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, SL Paul Guardian Insurance Company, SL Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. p,TETT In Witness Whereof, I hereunto set my hand and official seal. � My Commission expires the 30th day of June, 2011. * �/B�tGs P 58440 -5 -07 Printed in U.S.A. `n a,? A 0'. t� � M� ane C. Tetreault, Notary Public REPRESENTATIONS AND CERTIFICATIONS ANTI- KICKBACK No officer or employee of the City of Spokane Valley, having the power or duty to perform an official act or action related to this submittal, shall have or acquire any interest in this submittal, or have solicited, accepted or granted a present or future gift, favor, service, or other thing of value from or to any person involved in this submittal. REPRESENTATION: In submitting this bid we represent that the bid documents have been read and understood, that the site has been visited and or that we have familiarized ourselves with the local conditions under which the work is to be performed, that by signature of this proposal we acknowledge all requirements and that we have signed all certificates contained herein. REPRESENTATION: In submitting this bid we acknowledge the requirements and conditions applicable to bid deposits in the form of a cash bid deposit or surety bond bid deposit. NON - COLLUSION: That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this bid is submitted. I CERTIFY that no final determination of violation of RCW 50.12.070(l)(b), 50.16.070(1)(b), or 82.32.070(1)(b) has been made by the Washington State Departments of Employment Security, Labor And Industries or Revenue respectively dated within two years of the date of the closing of this bid. I understand further that no bid may be submitted, considered or contract awarded for a public work to any person or entity that has a determination of violation of the above referenced statutes within two years from the date that a violation is finally determined and the date of this bid closing. I CERTIFY that to the best of my knowledge the information contained in this proposal is accurate and complete and that I have the legal authority to commit this Firm to a contractual agreement. I realize the final funding for any service is based upon budget levels and the approval of the City of Spokane Valley. I CERTIFY that by signing the signature page of this bid, I am deemed to have signed and have agreed to the provisions of this declaration. Name: Ab �r i /t}((iige Person/entity ssu�b�mQrttm�g� id (print) Signature: �JL/LIIa(tw�U/ Title: 4#d Date: 'r-ao- D s CITY OF SPOKANE VALLEY 12 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT - PHASE 1 BID N0: 08.018 Failure to return this Declaration as part of the bid proposal package will make the bid nonresponsive and ineligible for award. NON - COLLUSION DECLARATION 1, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or othenvise talon any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and to have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report rigging activities call: 1 -800 -424 -9071 The U.S. Department of Transportation ( USDOT) operates the above toll-free "hotline" Monday through Friday, 8:00 a.rrL to 5:00 p.m , eastern time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline to report such activities. The "hotline is part of USDOTs continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the USDOT Inspector General. All information Wil be treated confidentalty and caller anonymity W11 be respected. DOT Fo=272 -036H EF Revlxd 5106 CITY OF SPOKANE VALLEY 13 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT - PHASE I BID NO: 08.018 Washington State Department of Transportation Disadvantaged Business Enterprise Utilization Certification To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged Business Enterprise Utilizaticn Certificafien relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting Agency shall consider as nen- responsive and shall reject any bid proposal that does not contain a DBE. Certification which property demonstrates that the bidder will meet the DBE participation requirements in one of the manners prodded for In the proposed contract. If the bidder is retying on the good faith effort method to meet the DBE assigned contract goal, documentation in addition to the certificate must be submitted with the bid proposal as support forsuch efforts. The successful bidders DBE Certification shall be deemed a part of the resulting contract. Information on certified firms is available from OMWBE, telephone 360-753 -9693. certifies that the Disadvantaged Business Enterprise Nam a of Bi dder (DBE) Frms listed below have been contacted regard ng participation on this project. if this bidder is successful on this project and is awardecithe contract, it shall assure that subcontracts orsupply agreements are executed with those firms where an 'Amount to be Applied Towards Goal' Is listed. (if necessary, use additional sheet) Name OfDBE Certificate Number Project Role • (Prime, Joint Venture, Subcontractor, Manufacturer, Regular Dealer, service Provider Description of Work Amount to •• be Applied Towards Goal (� 2. 3. 4. 5. 6. 7. 6. 9. 10. Disadvantaged Business Enterprise Subcontracting Goal: _�_ DBE Total $ 0 •» • Regular Dealer status must be approved prior to bid submittal by the Office of Equal Opportunity, Wash. State Dept of Transportation, on each contract '• See the secton'Ceunting DBE Participation Toward Meeting the Goal' In the Contract Document •*' The Contracting Agency will utilize this amount to determine whetheror not the bidder has met the goal. In the event of an arithmetic difference between this total and the sum of the individual amounts listed above, then the sum of the amounts listed shall prevail and the total will be revised accordingly. CITY OF SPOKANE VALLEY BROADWAY REHABILITATION PROJECT - PHASE 1 D0T Form 272-056 EF Revised 7/07 14 BID PROPOSAL DOCUMENTS BID NO: 08 -018 Certification for Federal -Aid Contracts The prospective participant certifies by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds ha%e been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment; or modification of any Federal contract; grant, loan or cooperative agreement (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying; in accordance with its instructions. This certification is material representation of the fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Tille 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower ter subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. DOT Foe0272-0I0 EF _ Revised 12000 CITY OF SPOKANE VALLEY 15 BID PROPOSAL DOCUMENTS BROADWAY REHABILITATION PROJECT -PHASE 1 BIDNO: 08 -018 t7rw �r�liG %Hey' BONE) NO, 105143875 NTRAC"i` )R'S PERFORMANCE: AND PAYMENT BOND TO DUALS t; 13LIGEIES SNOW All. MIEN BY THF_SE PKESE3iTS. that A04E Concrete Paving. Inc, (C'antractur).asPrirtoipal. and Tra:'eic:rs Casualty and Surety Company of_. Americo (Bonding (ampaay), wi Sw%y, a rtarpcwWitwraof t.onnecticut -' whose principal office islocatadjv Hartford, CT .ate frm ly bound strata dwe .State of Waskingtnn and Um City of Spokane Valley.. a political mAxlivision the State of Washmglm,4 as i bfigon, to fuLCU the ob1 m of dx Pr{incipu:l �d dw �.SwrLy c rd ttu[ t to iwh" rcfcrcncr L`; hcreallLr made, in the aoxxmi of $ Dollars d d Sevtnt,y VI ve Cents"* ('tnchiding _,760,3.80.751 Wasltinglun S;ak !i t taxi firs praynm= whereof Pty -#W hid Surety hind diansdvm ticir fries, executom adminitt uLms, s xucmoes and aw:igm jnhttly and sc%�aily. finely by ttresc ant& WHEREAS, Princ qxd ha_s b?r wt-Am Rmp=d duLcd. ' _ r. T--, ffMd to rntcr info a ['crrttr-4d with they City of Spokmw Val lcy for caw= No,08-023 to die tiros and coadiuons stet forth in !hc Cantrnet Doc==t5 claisl[IL•; NOW. THE )RL. the om itiun of" obUgatiaum is such that if the Prirw4al smell h A fully perform all Lhe provkkw ardw C+ttbacl an i13 prat, and pay all bbaims, tics, sabconoxam stud trtaz ial supisllers, and all mho mMly such person tar pmwm or uibumamAm with provenow, anti sttlaplics fiat flits carrying m afar a h wrtrtlt, and ind erwify mW Wd Fs mkm'; the Ghhg= fnwrn all kna, O aA ex dame vwtdch it mag suff'e'r her most of de to do any of dw farepuw dert Otis obligation sW be moll and vakt odKrwbc rt steal I rmtwa;s bi full fm std efibrL All p =ttrt6 whiten have fimahbod hdw, maturiah tar soRpiirs for am in and alwr the wwk pruvtderl fur in the Comma sh" hm a dkw trW aarfaal oat under this bwd, to ft exftnI wid in if r umner Gael ftwrda in RCVW 39.09. The spud Suety fear vakic naoai hereby sgmlatm aid egg that no cbmM cxftntiae of time, akqat im or additim ID die tz i i mlortheC=OrxanrtadwWOftKtobeperfanmddmmau*rardw SPECCLFICA13 NS wzwq=Mft the slime shdl in my way iffed its obl an this BGM Wd it dttea twmby yr WVV oubm orasap ox-h death Of tdm Ghwvbm cur fidfitim to the u m of the Catmct or to the WORK at to #tic SPECIFICATi( NS- No fitud soul mcne betwrm the Otih+3++lEER and the CONTE .A R shall abridge the rWM of any hemfictary hanwnckw. whm cbmn many be odd SIGNED AND SEALED TH512th DAY ()F Sapt iamb er YFA.R2008 TS s Casaralt} and S11 CaTnpany of ACYE Concrete Paving, Inc. r SLllll 'meriCe� —Judith A. Rapp Typed Kme Typod Nanw Attorney –in -Fact _ – — Tide 3 isle Project; 5pragutr/Bowdish PCCP Tn.t:ersection WARNING AW PONVER OF xrrORNEY TRAVELERSJ Farmington ( a.uahy company St Paul Guardian Imurunrc ( ompany Fldellty and l.uaranh Insurance Compant St. Paul %krrury Imurquce Ontilban) Fidelity and guaranty Insurance Unit,"rilers. Inc. Trmeters Cusually and Surely Company Srmhaard SurrIt l umpan� Travrirrs (Iasualh and Surety' Company of America St. Paul Firr and Marine ImurantY Company I'nitrd Stales Fldrlily 611H1 guaranty fnmpanv Atturney -In Fwl No. 21968$ Verfifirate No, 002224798 KNOW ALL MEN BY 77iESE PRESENTS- That Srahciaid Surety Cmitpany if a crrtptltalion duly trrgtatirrd ulster the lawoo of the State tot New York that St Paul Fire wad Mann insurance Company, St. Paul Guarahan Imuruke Company and St Paul Mercun Insurance Company arc critpltrations duty orgamred under I it law% of the State of Mmnrsma. that Farmington C'asualry Company. Travelers Cmuahy and Surety' Company, and Tra%cicrx Curunhy and Surety Company of Amcor a are corporations duly organized under Ihr law. ur the State of Curium Lut. that United Sane% Fidelity and Guararm Company i% a corporano u duly organised under the law% of the State of Maryland. that Fidelity and Guaranty Insurance Companv i% a corpntation duly urganued muler the law% of the Sufr of Iowa. and Ifuu Fidrhty and Guaranty Imurance Underwtiteo. Inc is a nmrpirauon duly ureanued untler the laws of the State of Wltcomm (herein collectively called IN' • 01111pames -1. and thin the Compantew do hershy make. cnnxmtute and aM. linl Judith A. Rapp, James E 1Maleskey 11, and Judith C. Kamer-Smith of the Coy of Sp2kanc . Sure of_ Washington . Ihen true aml lawful Anorncvtrt in -Fact. each In their owparair rapacity if more than one i% named alma, to sign. rsecule. seal Lind tickrntiwledge anN and till hnndi. recngrnrarats, amtlilional uodertaking_6. and other wn ings obligatory in the nalurr thereof on behalf td the Companies In their huslncss of ituarantermg the tidehty of protons, guaranircing the Ifrtlofutantr of contras its ants rxnoling or guaranimnp bond-, and undertaiings rctiuirrtl to prrujiffrJ in ant dim or prmectimp AlowtJ by Inv`. IN 1►rmy.so %1U.RF.OF, the Cumpyl�r eve caused this tmtntmenr a fr upned and flick c"iraie %euls to he llrreu> afflicit thou day of 1-abruary L Farmington Camalty Company Fi lellly and Guaranty Insurar►si Company FidriUy and Guaranty Insurancr I nderw »lea. Inc Seaboard Surely Company St. Paul Fire and %larinc Inalrtlncv ( ompian) 25th St. Paul Guardian Insurance Company S4 11.1ul Memury Insurance Company TracrlersCaeualty and Surety Company Tratrlers Cooivahy and Somty (otnpan» of ►mrrien United States Fidrlit% and guaranty Campani C";�j (00 1951 •5! o-.�r. StAIC of Cnnl►eC'nl'lll Ott of ttanfonl %i t' Bt - -- Ixusr P !or Ptrudmi On this the 25th day of February _ 20urtve me personally appeared Getlige 1►' Tiwrrlpvm, who wknowledged himself U, he the Scrum Vice Prrsidrnt of Fartnangtun Casualty Gmapanv. Fidelity and Guaranty ln%urancr Company. Fidelit} unrl Cruatuary It►.ur we Underw- ►ten,. Im.. Seab,oatxf Surety Company. St- Paul Fite triad Marine Insuralce Contpany. St Paul Guardian Insurance Company. St I'mil Mercury Imurunce Company, tr114elers C asualry amt Surety Company. Travelers Casualty and Surety Company of America. hots United Stance Fidelity and Guaranty Company. and lh:u he. as vafch, heing authni iced in to aka. emutrtl the ftlrrgrttng mctrun►eni for the purpiiseti therein conlained by signing art heh dl of the vorporalum% M himwif as a duly audimied -oftkcr- et* ?� In Minrsa µ'hems. 1 hereunto !d my hand artsl official seat %h C-ommi4slon expires die A th clay of June. 2011. W40 -5-07 Punted In U S.A WARMING THIS POWER i)F ATTORNEY &A;-k C . \lanr t lcorAidi 1' 1•1, THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED 8ORDER . Thh Power of Atwo-riey n ¢runtcd ....,.r and by the authiwiry of the f.dlowinp rc.ululatim "Vied by the Bawds tit Dirwoirs of Far....aft1(m Cahualry Cnmptuty, FdelaN and Cruarunty Insurance Compmiy, Fidelity and Guaranty Irrsutunte Uralerxntci% lru.- Sealv.tanl Surety Company. So Paul Frr and htanne Inturuncr Company. tit. Paul Guardian Insurance C'citnpany. 5L 1'twl Mcrcun lmuniruc C'txnluuiy, Tmvrlers Cxsualry uiJ 5urcty C+mlpiny '1'ravclrn ('a +ttaltt nna tiurety Cunirla y of Amrrita, and United Sralc+ fidelity and Guaranty Company which rewhituns are nor% on full (hoer AM cffetl. rrading us follow+ RESOLVED. that the Chairnwn, the ltir%ident. an) Vice Chainnmi. any Executiyr Vus Prc+ident. any Senior Vice Prr.nicnt. any Vile President, any Scdimd VILC Prniden4 the Trrrtsutrt, any As,i +emu Trr L%urrt- the Cerrptirate SeCtL'LVy .w any A%ststatit Setrctmy may i Mitnt Atinrirey. -in-Fact and Agents to act for and on Behalf Oct the Cornita ry and ntay govt such appomee such uuthont} a,6 hr, of her cettdirate of authonty may pn-s4tihe Oct Srgrn with the C iatipany -s nation: and .real with thr Company'• +cal hood %. mckigniramt -S, cnmracts tit indemnity, aril afar wnt.4 -% id,ltgauxy ht the nature of a bmid. m-k gmrarwr, or .nndwmial undetuimg- and .rim of +aid officen or thr Hoaii .if Mr%tor, at any tune utiq remove any such uppointer a awl trvnir the power given him ow her. and it I% Ft:RTHER RF:SOLNFD, ittnf the Chairman. the Prc•idenl. any Vice t1wiman, any I :xeautivir Veer: Noidcut. tiny Stator Vice Noriadent or any Vicr 11rr.idcnt may delegate all or tiny part of the lnrcgaung .rutltunty Io dote uo nu-re officer" ON empluyecv of this t'ompany. prodded that rush Such telegAtirsn ti in writing AM a cupy thctnil rt riled in the offiwe it the 5rcretar%, and it is FURTHER RFSOB-M. that tits wad, recopwance, contract of mdctunity tie writing obhparury in the nalufe of a hand, tecognim ee, or conditicxial unfit:taking sflall he valid ancf hindinr upon the Company when fat .Igned by the Rcuilcnt. any Vice Chnirrttan, any Executive Vwc Prc•tdrnt. any Semcir Vic: F'reruletu too tiny Vier President. any Second Vice President. ttw Trrasuict, an) A>sihwoit Treastitrt• the Ctirprrute Sccrruiry or am A isiatn Sccirtiuv an%! duly at.r+ted said scaled With the Company's seal by a Setreiaq tit A%sWALnt Sca•rrtan', or IhI July rxei:ditedl (under seal. It rci turtnl i by oar. tie mure Attmw- o, § -in F.rt and Agents pur.uanf to the Ixswm pm%crihed in ho+ .n hey certificate %v thrit vvnificutes nl• amhurity ar by one tor more Company officer% pur.uimt Iii u writirn delegation of audwxiq; and it d+ FUMIER RPSOLVED. that the sig nitutr a1 etch of the fallowing officers Prmident- any Fsnuiive Vkc President. any Suitor Vice Prcnisfcnt. any Vier Pre.idcru- any Assistant Vice President, tiny Swernry, anv ,'l visoant Set-reiary and the seat of tlw Company may be affixed by fw: simile to any potter of anorney or to any ccrtnftcate relating thereto app -inring Hnidetll Vice Nesutcnts. Ile.utrnt A.%&" wet Std rrtaric% of Attorneys -in-Fact sir 1-nrpr.set tarty of executing and attesting hoods And undrmtkings and tghrr writings t+bhKatary tit the nature theteof. and any such pttwer of atusrney tit vernfi=c: Fearing Such factitmile sngnalufr ur lac %imtic .cal .hall be valid Sand hunlrng upon the Coutpanv and tin} •itch prwirr tit executed unit certified by such fatvimile sign :uuie and fdrsinule teal th ill ix valid and hiiiihnc tat the Ctnrtprmy in the fmnuc with rehro ct to any hand or uncle O-unthng to which it n. auao :hcd 1, Kori S1 Johan+nm, the undmtihnted, Assrsunl Saeretan. of Fanaingtnn Casmully Company, fiikllh and Guaranty Insurance Cumluny. Fakltly and Guasann ht urua•e Uotkrwtiun. Inc . Scahoad Surety C'umpiun. St Paul Fire and Marine Insuruncr 0gnpany. St. Paul Guiudian Instrtmwc C'c,mpuiy. So Paul ktervury Insurative CumEuoy. Traveler Cn.ualty and Swety Conrpam. iravelcr% C'avuaffy anti Surely (,'+talpany ut Amenca, and United State- Fidelity and Guaranty Company do hereby certify that the ahovr and foirgoing is a true and Sourer cups ul the Pimcc i>( Attufnev moruted by +alol Ctionpunie;, which n in hill four sod elTn•I and has skit txxn I'Milord IN MSTiN14 1VY WIiF.RFOF I Itmr hrrruntu yet my haud and atflmid the +CALL+ (if %aidCrimpanics 1111% 12th day of September _ ,tit (ltd Iv +n ht Juhanvt A53t+tum Sccrrian d � >,ta� . � (�3uf!�� .:,t %� `rr �Q`.� i�.d,. .�, .r i.y�� ' : r �k� p�w'•y ��r�� itc�"r Sf � 1 Q51 s ;•. ti i. A l /o^ � s =JlL • e° oxa� 3, o�ta )1 ? ta98 Tit verify the autlicnuctty of this Power of Antrrnry..all I SIMI- 421- 3ht1411 OR :o nlad um at www travcicnhcind torn. Phase refer to the AntNncy•ln -Jvct number, tit- above -named mdi%iduals and the details of the hmul to v.htah the power t+ atwhcd WARNING. THIS POWER OF ATTORNEY IS iNVALID WITHOUT THE RED BORDER ACQRD„ CER -KATE OF LIABILITY INSURANCE ° "tt 09/28108 °"28108' e+ 509 -358 3800 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATATE ION Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFIC Services / CALA�053100% HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 601 W. Mein Ave. Spite 1400 Spokane, WA 99201 Acme Concrete Paving. Inc. 4124 E. Broadway Spokane WA 99202 INSURERS AFFORDING COVERAGE A Ngtl Rra Ins. Co, of Hart Ord _tn INo jtt? a: Amuioen Cos Co of ROSIAR9 PA — _ - INdL M c Gnat American Ina. Co. - IN9UH91 R - -- COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTAND:IQ 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 DE-SCREIED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ hall TTIE OF /+RIRANGE POLICY MJMmta OEM I VAMNY nOI YIfrS A asleutUAeanr 2091845982-0 12131x07 12/31/08 EACHBCGURRIPICa 1 /000000_ FMOAMAGiIAM n w X CO%WV1CWkrjf LRALUAesrY 1 200000 _ WO OW (MM an /rmv 1 10 0 Q___ - _1C1.AWShAA_'* [i]OCCUR PMgpNAL. a ADV INJURY _ 1 100 — - — SAL AGOREGATE 0 2000000 PROOU[Tf . COMPJOP AGG GVri AOWF"lI LRAM AFMIRS o6R • 2000000 _• h7UCY Fx1 PR4 LOC 12!31107 B AL"MOMA LLAMRM 2091045912.0 12131148 COOMINM 5 ME LRerr 1 touo. ao X I ANY AUt0 — — AL' CWWO AUTOS OOOILY WJUR s /4►aII�- I SC)4"JM AUNOS - X 04OWD AUTos W ILA 1 X -- W5f% WFA'_D ALTOS -- - - - - - - - - - - - NIOpWry DAMAGE 1 WmLCIE LMar1rTY ALTO OKY • 9A Ao0WW a A►IV Aura WROTH "AM I — A>16 B C 13=06LIANUTY TUE5955928 -5 12/31/07 12131/08 MCHOOdJMNINCE 1 11003944_ 50 OCCUR [ CLAYS MADE �?E .— -- • _ -- > 49.4'?44 _ . -- -XI S IIETeimN I 10000 A womns Cmwem AnON mm 2091646882.0 12131/07 12/31/08 r•MrIOYf=' UAINUTY WA STOP CAP ONLY t.l. UCH AOCOMr iA.•OINAIR- �I►MlLOYi 1 - �0 -. LL O111111W • POLICY NMR 1 1990000 QTNBI OElCfftT10M OP grl94n°NSA.00ATIO"N ADOM eY 000M MDYT SHOAL P W V1MONa AS RESPECTS: CITY OF SPOKANE VALLEY CONTRACT NO. 08 -023 SPRAGUE/ BOWDISH PCCP INTERSECTION PROJECT. PRIMARY /NON- CONTRIBUTORY ADDITIONAL INSURED STATUS IS GIVEN TO THE CITY OF SPOKANE VALLEY PER ENDORSEMENTS ATTACHED. WAIVER OF SUBROGATION ✓4 AGGREGATE LIMITS PER ENDORSEMENTS. CERTIFICATE HOLDER X I AVOTIOkM NaURED: IRaUIMR UTTER' CANCELLATION 5"01JLD ANY OP nit Above O6N000 POUCIES E CAPOMM aO1M TO* vKmATION THE CITY OF SPOKANE VALLEY ckATx newof rw beau nwmm wLLLMWXMI*X MAn 46 DAYS wwTm ATTN. CHRISTINE BAINBRIDGE Nonce TO Tle C9nT>AaAT1 WOUNIA MMISM To nn LIC", coo 11707 EAST SPRAGUE AVE 11106 calf° aotallaJOtllloncLal11o1 c1�am0[�oeJlatx>oIro[x/ol = SPOKANE VALLEY WA 99206 AIITIR7IIt» RFrRfSDIT 7, W�,) o ORPORATION 1988 ACORD 25-S (7/97) 17-47 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ics) must be endorsed A statement on this certificate does not confer rights to the eortificate holder in lieu of such endorsemont(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 holier in lieu of such endorsement (s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between tho issuing insurerisl, authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policiae listed thereon. ACORD 25-S 171971 Page 1 of 2 G140331AOIOI PPLY IMPORTANT: THIS ENDORSEMENT CONTAINS CCURRENCE� OFFENSE, M OR SUIT. ADDITIONAL INSURED IN THE EVENT O SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED ENDORSEMENT WITH PRODUCTS-COMPLETED This endorsement modifies Insurance proved under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project' ADDITIONAL INSURED OPERATIONS COVERAGE BLANKET ADDITIOPAL INSURED COVERAGE PER WRITTEN CONTRACT (Coverage under this endorsement Is not affected by an entry or lack of entry In the Schedule above.) A_ WHO l5 AN INSURED (Seetlon 10 is amended to include as an insured any person or organization, including any person or ofgantimbon shown in the sct�edul under a wrafle arntrdo I In written wh(> nmenk are �� to add as an addi6o0al insured on this policy but tho written contract cr written agreement must be: 1. Currently in effect or beconIfng etfiedh`e during rho term of this policy, and 2 Executed prior to the "bodily injury.' `Pr0P5Fty damage' or *personal and advertising Injury. 13. The Insurance provided to tiza additional insured Is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negrgence spWifkatty resulting from your woe for the additional Insured which � i�hethabsole of negligence of contrail or written agreement No coverage. PP the sdditlonal insured. Z The Limits of Insuranca applicable to the additional insured are those ts� These Limits of contrad of wMen agreement or In the Declarations of Ws polky, insurance are inclustva of, and not In addition to, the Limits of Insurance shown In the Declarations. 3. The coverage provided to ft additional insured by this endorsem5naand paragraph "bodirn f. of the definiilon of '�sured centred" under DEFINITIONS t� operations hazard' unless required by the .prod +a ge" arising out of the "ploducts- compte wrtttan contract or written agreement q. ThB insurance provided to the additional Insured does not apply b "bodily injury' "property damage," or "personal and advertising inure arising out of an architects, engineers, or surveyor's G140331A 0101 Pago 2 of 2 rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, rep rig, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities Perfom-ed as part of any related archttectural or engineering actWes- C. As respects the coverage provided under this endorsement. SECTION TV — COMMERCIAL GENERAL LIABILITY CONDMONS are amended as follows: I. The following is added to the Duties In The Event of Ocarrrenca, Offense, Cialm or Suit Conddion: e. An additional insured under thls endorsement will as soon as practicable: (1) Gtva written notice of an occurrence or an offense to us which may result In a claim or'sutr under this insurance: (2) Tender the defense and Indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part and (3) Agree to make available any other insurance which the additianai insured has for a I= we cover under this Coverage Part f, we t1ave no duty to defend or indemnify an additional insured under this endorsement until we rDce1ve vtirtt©n notice of a claim or'suir from the additional insured. _ Paragraph 4b. of titre Other Insurance Cond�ion is deleted and rspieced with the following: 4. other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the sddifional Insured as an insured whether primary, excess. coningent or on any other basis unless a written contrail or written agreement specifically requires that this insurance be either primary or primary end noncontributing. G1865211 0146 Page 1 of 7 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ iT CAREFULLY. CONTRACTORS' GENERAL. LIABILITY EXTENSION ENDORSEMENT This endorsement modiflps insIffmce provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART to any per-son or organization covered as an additional insured on any othererxfors el f h�fter attached to this Covsmg Part covered 1. MISCELLANEOUS ADDiTIONAL INSUREDS WHD is AN INSURED (Section fl) is amended to Include as bellow whom yo are roerquimd to add (aassttan Odditional insured) descnbed In paragraphs 2-a. through 2.g. additional insured on this policy under a written contract or agreement but the written conttad or agreement must be: 1. Currently in effect or becoming etfiecthve during the term of this policy; and 2, Executed prior to tha'bodily injury: "property darnage* or "personal injury and advertising injury but Only the folbwtng persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. State or Political SubdMzlons A state or political subdivision subject to the following provisions: (1i This insurance appUss only with rasped to the following hazards for which the state or pDUScal subdivision has issued a permit In connection with prprrkres you own, rent or control and to which this Insurance applies: (r,) The ence, maintenance, repair, construction, erection, or rernoval of advertising signs, awnings, canopies, cellar entrances, coal holes, dri,,z -rays, manholes, marquees. hoistaway openings, sidewalk vautb, street banners, or decorations and slrnilar exposures; or (b) The construction, e.-ectlon, or removal of etavators; or (2) -ibis insurance applies only with respect to operations petionned by you or on your behalf for which ths state or potrlicsl subdMslon has issued a pemit This insurance does not apply to "bodily injury,' "property damage" or "personal and advertising Injury arising out of operations performed for the state or municipality. b. Controlling Interrst Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of. (1) Their financial control of your, or (2) Premises they own. maintaln or control while, you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demoG6on operations performed by or for such additional insured. c. Managers or Lessors of Premises A manages or lessor of premises but only wither l to eased to you and subject of h the tnership, maWenance or use of that specft part of the pr_ j ng additional exclusions: This Insurance does not apply to: (1) Arty •occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural a!terabons, new construction or demoliflon operations perforrn9d by or on behalf of such additional insured. d. Mortgagee, Assignee or Recehrer (31965211 0206 2. 0 Page 7 of 7 A mortgagee, assignee or receiver but only with respect their use of ty as see by mortgages, , assignee. or receiver and arlsirg out of iris own^- .rshiP. lifts insurance does not appty to structural alterations, new construction or demolition operations performed by or for such additional insured. a. Owners)Other Interests - Land Is Leased 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 or that specific part of the land leased to you and subject to the fitlowing additional exclusions: This W)surance does not apply to: (1) Any "o=rrence' which takes place after you cease to lease that land; or (2) Structural alterations, new construction or dernotitsan operations performed by or on behalf of such additional insured. f. Co -owner of Insurers Promises A co-Owner of a premises c0-awned by you and covered under this Insurance but only with respect b the co- owners ftabillty as co -owner of such premises. g. Lessor of Equipment Any person or organlzation from whom you lease equipment. Such person or organizaJon era 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 parson'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 tha 'insurance afforded these addihonei insureds, the following additional exclusions aPptY This insurance does not apply: (1) To any'occwence' 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 addMonal insured designated under paragraphs a. through g. above does not apply to 'bodily injury' or "property damage' included within the 'products - completed operations As r9s provided under thEs emkxsement. Paragraph 4.b. SECTION IV - As respects trig coverage p COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and rep laced with the following: 4. Other Insurance b. Excess Insurance This insurance is eresss rnar-. Any other Insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written cones or agreement ri sp required this insurance be either Primary or primary and 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. EMPLOYEES AS INSUREDS - HEALTH CARE SERVICES paragraph 2.a.(1)(d) of Section fI - Who Is An Insured Is deleted. JOINT VENTURES I PARTNERSHIP 1 LIMITED LIABILITY COMPANY COVERAGE A. The following is added to Section 11- Who Is An Insured: 4. You are an Invured when you had an interest in a joint vend only e the IImR d liability your company rest in which terminated or ended prior to or during this potty Pe such joint venture, partnership or ilm itsd liability company. This coverage does not e pDtY a. Prior to the termination date of erry joint venture, partri rshtp or timitad rrabifty company, or b. If there is other valid and collectible insurance purchased specifically to insure the Partnership, joint venture or runited flabTrty company. c. To a joint venture, partnership or rimited Iiability company which is or was insured under a 'consolidated (wrap -up) Insurance program'. G18652H 0106 Page 3 of i •Consolidated (wrap -up) irtsurance prograri means a construction, erection or demoiition project for which the prime contractcdprojed manager or owner of the construction project has secured general fabiNy Insurance covering some or all of the contractors or subcontractors Involved in the project. otherwise referred to as an Owner Controlled insurance Program (O.C.I.P.) or Contractor Controlled insurance Program (C.C.I.P.). B. The last paragraph of Section 11- Who is An Insured is deleted and replaced by the following: Except as provided in 4. above, no person or organb:ation is an insured with respect to the conduct of any current or pest parbership, joint verrWm or lirrirted frabtTdy company that is not shown as a Named insured In the Declarations. 4. EXPANDED PERSONAL AND ADVERTISING INJURY A. Tina following Is added to Section V - Definitions, the defintbri of "Personal and advertising injury": h. Discrimination or hurn+Gation that results In injury In the Brings or reputation of a natural person, but only if such drscrintnation or humiliaflon is: (1) Not dons intentionally by or at the direction of (a) The Insured: or (b) Any 'executtue officer", director. sto&.hoider. partner, member or manager (if you are a limited liability company) of the Insured; and (2) flot directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or persons by any Insured. B. Fxclusions of Section I - Coverago B - Personal and Advertising Injury Liability is amended to Include the fc4DVn. g: p. Discrimination Relating To Room, Dwelling or Promises Caused by dcsatniration directly or indirectly related to the sate. rental, lease or sub -lease or prospective sale, rental, lease or subleasa of arty room, dwelling or premises by or at the direc Son of any insured. q. Fines Or Penalties Fines or penalties lehed or imposed by a governmental entity becausa of discrimkotion. C. This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE) does not apply to discdmlmtion or hum iation committed to the states of New PY oric policies Ohio. Also, EXPANDED PERSONAL AND ADVERTISING INJURY COVERAGE does not a to tides issued in the stales of tJew York or Ohio. does not apply If D This provision 4. (EXPANDED PERSONAL AND ADVERTISING INJURY 1COVERAGE) e ed either by the Section I - Coverage B - Personal And Advertising injury Liability provisions of the Coverage Part or by e.ndorsernent. s. MEDICAL PAYMENiS A. Paragraph T. Medical Expense Umit. of Section Ili - Umtts of insurance is debated and replaced by the following: T. Subject to 5. above (the Each Occurrence Urnit), 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 its the great-er of: (1) S1 5,0D0: or (2) The amount shown In the Declarations for Medical Expense Umlt. B. This provision 5. (Medical Payments) does not apply M Section I - Coverage C Medical Payments Is excluded either by the provisions of the Coverage Pert or by endorsem-rnt. C. Paragraph i.a.(3)(2) of Section 1- Coverage C -Medical Payments, Is replaced by the following: The expenses are Incurred and reported to us within'riras years of the data of the accident; and 6. LEGAL LIABILITY AND BORROWED EQUIPMENT A. Under Section I - Coverage A - Bodity injury and Property Damago 2. Exclusions, Exclusion J. is replaced by the following. 'Property damage" loo: (1) Property you awn, rent• or oacuVr, (2) Pre rises you sell, give away or abandon. if to 'property damage" arises out of any part of G1 8 652110106 7. a. Page 4 of 7 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 properly on which you or any contractors or subcont-actors worldng directly or indirectly on your behalf are performing operations. If the 'property damage' arises out of those operabom or (6) That particular part of any property that must be restored, repaired or replaced because your woW was Incorrectly performed on iL Paragraph (2) of this axdusfon does not apply if the premises are your work' and were never occupied, rented or held for rBntal by you. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (i) "property damage' to tools or equlprnent boned 0 you if the tools or equipment are not being used to perform opemgons at the time of loss: or (;i) 'prop-arty (other than damage by fire) to premiss rented to you or tam 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 desenbed in Section III - Limits Of Insurance. paragraphs (3), (4), (5) and (6) of this exdusiorti do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to 'prop" damage" Included in the 'produds- c�omplsted operations hazard". B. Under Section I - Coverage .A - Bodity Injury and Property Damage the last paragraph of 2 Exclusions Is deleted and replaced by the following. fire to mI s whips rentDd to you of LmpDmnly Exclusions c. through n. do not apply to damage by pre occupied by you with permission of the owner or to the contents of Pfbmtsas rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section 1[1- Limits Of Insurance. C. Paragraph 6. Damage To Promises Rented To You Limit of Section ill -- Limits Of Insurance is replaced by the following: 6. Subject to S. above. (the Each �Ten� ��}, the Damage To Premises Rented To You Limit Is the most we will pay under Section - I - Coverage A for damages because of "property damage' fD any one premises while rented to you or temporarRy occupied by You with the permission of the owner, including contents of such promises rented to you for a period of 7 or fewer consecutive days_ The Damage To Premises Rented To You Limit Is the greater at a. $20D,000: of b. The Damage To Premises Rented To You Limit shown in the Declarations. D. Paragraph 4.b.(1)(b) of Section N - Commercial Genoral Liability Conditions is deleted and replaced by the following: (b) That is property insurance for prmues rented to you or temporarily occupied by you with the permission of the owner: or I- This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMF_NT) does not apply if Damage To Promises Rented To You Liability under Section 1- Coverage A is excluded either by the provisions of the Coverage Part or by endorsement_ NON -OWNED WATERCRAFT Under Section 1- Coverage A, Exclusion 2g., subp aragraph (2) b deleted and replaced by the following. (2) A watercraft you do not own that Is: (a) Less than 35 feet long; and (b) Not being used to carry persons of property for a charge. NoN -OWNED AIRCRAFT Exdusion 2g. of Section 1 - Coverage A - Bodily injury and Property Damage, does not apply to an aircraft you do not own, provided that. 1. Tip pilot in command holds a currently effecWs certificate Issued by the duly consiitut authority of G18652H 0106 Page 5 of 7 the United States of Nnerica or Canada, designating that person as a commercial or airline transport pilot; 2. it is rented with a trained, paid crew; and 3. It does not bwspod persons or tango for a charge. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND ADVERTISING INJURY Exclusion a. Contractual Liability of Section I — Coverage B is deleted. 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. to Paragraph 1.d., the limit of $250 shown for dally loss of eamings is replaced by S1,D00. 11. LIQUOR LIABILITY Exclusion c. of Section i — Coverage A Is deleted. 12 NEWLY FORMED OR ACQUIRED ORGANIZATIONS Paragraph 3.1. of Section 11— Who Is An Insured Is deleted and replaced by the fcAowing: Coverage under Uils provision is afforded only unt11 the and of the po5 y period or the next anntver$ary of this po icy's effective date afiar you acquire or form the organization, wthiLfiever is earlier. 13. LIBERALI711TTON CLAUSE if we adopt a change In our forms or rules which would broaden coverage for contractors without an additional premium charge, your policy wiU automatically provide the additional coverages as of the date the revlslon is effective 111 your State. 14. UNINTENTIONAL FAILURE TO DISCLOSE iiAZARDS Based on our rellance on your representations as to existing hazard i coverage under you thi should fall ag disclose all such hazards at the Inception data of your policy, Part because of such failure. 15. NOTICE OF OCCURRENCE 'The fo4krNtng Is added to paragraph 2. of Section IV — Commercial Gcn ©rat liability Conditions — Duties in The Event of Occurrence, Offense, Claim or Suit Your rights under this Coverage Part will not be prejudiced if you fail to give us notice Of an ' occurrence", offense, claim or "suit' and that failure is solely due to your reasonable belief that the 'bodily Injury' or "property damage' is not covered under this Coverage Part. However, You shall give written notice of this 'occurrence', offense, claim or'suir to us as soon as you era aware that this insurance may apply to such "occummce'. offense claim of 'sulr. 18. BROAD KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. of Section iV -- Commercial General Liability Conditions — Duties+ in The Event of Occurrence, Offense, Claim or Suit You must give us or our aulhor¢ed representative notice of an 'occurence", offense, claim. or 'suit' only whet, th9 'occurrence", offense, claim or'suir Is known to: (1) You, if you are an Indlviduat: (2) A partner, if you are a partnership: (3) An executive officer or the employee designated by you to give such notice, 'ri you are a corporation; or (4) A manager, if you are a limited liability company. 17. AGGREGATE LiMiTS PER PROJECT-* as damages mused b "occurrences" A. For all sums which the insured becomes legally obligated to pay 9 Y under COVERAGE A (SECTION 1), and for aN medical expenses caused by accidents under COVERAGE C (SECTION i). which can be ettnbuted only to ongong operations at a single construction project away from premises owned by or rented to the Irtsurtd: 1, A separate Single Construction Project General Aggregate Limn appries to each oorstruc on project away from premises owned by or rented to the Insured, and that limit i; equal to tt'►a amount of the General Aggregate Llmlt shown in the Declarations. 2. l he Single Construction Project General Aggregate Limlt is the most W° will pay for the sum of ell darnagas under COVERAGE A, except damages because of ' bodily Injury" or "property damage" GI 8652.H 0106 Page 6 of 7 included in the 'products - completed operations hazard', and for medical expenses under COVERAGE C regardless of the number of: a. Insureds: b. Claims made or'sufts' brought; or c. persons or oWizations making Bairns or fxing'mg 'suits'. 3. Any payments mode under COVERAGE A for damages or under COVERAGE C for medical expenses shat reduce the Single Consmzbon Project General Aggregate Limit far that construction project away from premises owned by or rented to the insured. Such payments shall not reduce the General Aggregate UrrA shown in this Dedarations nor shag they reduce any other Single Construction Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the Insured. 4. The limits shown In the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However. Instsad of being subject to the General Aggregate Umit shown in the Declarations, such milts will be subject to the applicable Single Construction .Project General Aggregato Limit obligated to pay as damages caused by 'oewrr B. For all sums which the Insured becomes legally ences" under COVERAGE A (SECTION 0. 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: 1. Any payments made under COVERAGE A for damages ox under COVERAGE C for medical expanses shag reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregata Limit, whichever is applkabLe; and 2. Such payments shall not reduce any Singla Construction Project General Aggregate Llmtt C. When coverage for liability arising out of the 'produds-completed operations hazard' is provided, any payments for damages because of 'bodily Injury' or "property damage' included In thh� and 'pr o t completed operations hazard' will reduce the Products-Completad Operations Aggregate reduce the General Aggregate Limit nor the Single Construction Project General Aggregate Limlt 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 auihnrtzed 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 tnsuranco (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. 78. EXPANDED BODILY INJURY Section V - Definitions, the definition of 'bodily injury' is changed to read: •gpdi3y aljury means bodily injury, sickness or disease sustained by a person, including death, humiiiabon, shock, mental anguish or mental injury by that person at any time which insults as a consequence of the bodily kJury. sklmgss or disease. 19. EXPECTED OR INTENDED INJURY Exclusion a. of Section I - Coverage A - Bodily injury and Property Damage Liability Is repia�d by the following: a, 'Bod-dy In)uryo or'pmperty damaga' expected or intended from the standpoint of the Insured. This excitislon does not apply tD "bodily injury' or "property damage" resulting from the use of reasonable force to protect persons or property. 20, OWNER CONTROLLED INSURANCE PROGRAM, CONTRACTOR CONTROLLED INSURANCE PROGRAM OR CONSOLIDATED (WRAP -1.1P) INSURANCE PROGRAMS -tile endorsement EXCLUSION - CONSTRUCTION WRAP -UP PROGRAM which is attached to this policy is amended as follows: A. This exclusion does not apply to: 1. Coverage available to you under this policy which is broader in scope than coverage providr- under a 'consoridaW (wm"P) insurance program' for a construction project in involved; 2. Co; stage for your interest only for ongoing operations in excess of 811 cove under a "ronsWzted (wrap -up) insurance program" for a construction pmja involvu:d; and G 19652H 0106 Page 7 of 7 3. Coverage for your Interest only for operations included within the 'products - completed opra e s hazard' in excess of aU coverage available to you under a 'consolidated (wrap -up) insuranca program" for a construction project in which you are or have bean Involved. Paragraphs A.1., A.2. and A_3, above do not apply to any portion of a 'consolidated (wrap -up) Insurance program* Involving n "residantlal structure.' B. The following Is added Immediately attar the first paragraph of provision b. Excess insurance of Section N — Commercial General Liability Conditions — Other Insurance: This insurance is excess, aver 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 partictpant 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 whkh the prime contractorlprojed manager or owner of the - construction project has secured general fiabi ity insurance covering sorre or all of the contractors or subcontraciDrs Invotved in the pcojed, otherwise referred to as an owner Controlled Insurance Program (O.C.I P.) or Contractor Controlled Insurance Program (C.C.i.P.). 'Residential structure" means any structure where 30% or more of the square foot area is used or is intended to be- used for human residency including but not limited to single or multifamily housing, apartments, condominiums, townhouses. co-operatives or planned unit developments and also includes their common areas and/or appurtenant structures (including pools, hot tubs, detached garages, g houses or any similar structures). When there is no Individual ownership of units, residential structure does not include military housing, collegefuniver.ity housing of dormitories, long term care facilities, hotels, of motels. Residential stnrdure also does not include hospitals or prisons. 21. CONTRACTUAL LIABiLftY — RAfIROADS Wth respect to operations performed within 50 feet of railroad property and for which a Railroad Prote -dive Liabil'ity policy In the name of the railroad has been provided, the definition of —insured contract' In the SECTION V — DEFtNMONS Is replaced by the following: 'insured CoMred' means= a. A contract for a lease of premises. He�wever, that portion of the cont-act for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporality occupied by you with permission of ihs owner is not an "insured contract'; b. A sidetrack agreement c. Any easement or license agreement: d. An obligation, as required by ofnance. to Indemnify a municipality, except In connection with work for a nwrLk parrly. e. An elevator malmtenanc a agreement; an f. That part of any outer contract or agreement pQrtainin8 drfor a munidrr uding der indemnification of a municipality in connection with work petlo p y) wht:h you assume the tort liability of another party to pay for Jx)dily injury' or "property damage" to a third person or organization. Tort liability means a liability that would ba imposed by law in the absence of any contract or agreement Paragraph f. does not Include that part of any contract or agreement: (1) That Indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or falling to prep3re or approve maps, shop drawings, opinions, reports, surveys., field orders, change orders or drawings and specifications; or (b) Giving directions or Instructions, or falling to give them. if that is the primary cause of the injury or damage; (2) Under which the insured, if an architect engineer or surveyor, assurrrs liability for an Injury or damage artsing out of the insurers rendering or facture to render professional services, inducting those listed in paragraph (1) above and supervisory, inspeeon, archledural or engineering adivltles. CG2404 1093 Page 1 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS US OF RECOVERY AGAINST OTHER This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: BLANKET AS REQUIRED BY WRITTEN CONTRACT (If no entry appears above, information required to complete this endorselnent YiII be shown 'n the Declarations as applicable to this endorsoment.) Tine TRANSFER OF RIGHTS OF RECOVFRY AGAINST OTHERS TO US Condition (Section tV — COMMERCIAL GENERAL LIABILITY CONDEMNS) is amended by the addition of the following: We waive any right of recovery we may have against the pemon or oa n¢allon s he �r work' clone because of payments we make for injury or damage arising out of your ongoing operations you under a ux►bmet with that person or organization and Included In the 'products - completed operations hazard! This waiver applies only to the person or organisation shown in the Schedule above. COKMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. .ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART SCHEDUI:E Name of Person or Organization: BLANKET ADDITIONAL INSURED COVERAGE AS REQUIRED BY THE THE WRITTEN CONTRACT a. The person or organization shown in the Schedule is included as an insured but only if liable for the conduct of an "insured' and only to the extent of that liability. b. CANCELLATION - 1. if we cancel the policy, we will mail notice to such person or organization • in accordance with the Common Policy Condition. 2. If you cancel the policy, we will mail notice to such person or organization. 3. Cancellation ends this agreement. Inchuin copyrighted mat -ill of Irmurancc Services Office, Inc. with it9 Per=dlmn. Ccyyright, InM=ce Services Office, Inc., 1988 CUCA 99 0910 90 SUPERIOR COURT OF WASHINGTON FOR SPOKANE COL�NTY In the Matter of: ADVERTISEMENT FOR BIDS No. Public Works Depaztrnent Bid 08-023 Sprague/Bowdish PCCP Intersection AFFIDAVIT OF PUBLISHING Project NOTICE City of Spokane Valley STATE OF WASHINGTON )ss. County of Spokane ��CHAEL �FFMAIy_, being first duly swom on oath deposes and says that he ts dte �p.1�'OR of The Spokane VaUeyNewsHerald, a weekly newspaper. That said nevvspap�r is a legal newspaperand itis now and has beenfor more than six months prior tn the date of the publication hereinaker c+eferred to, published in the Eng4sh langua�e continually as a weekiy �ewspaper in Spakane County, Washingbc�n, and it is now and during all of said time was printed in an off'ice maint�ined at the aforesaid place of publicatIon af said ne►+►spaper, which said newspaper had been approved as a legal newspaper by order of ttte Superior Court of ti�e State of Washingtnn in and for Spokane County. That the fallowing is a true copy of a�ubli�,notice sLS it was published in regular issues cogvnenaing on the 8th of A,�,ust. 2(t� and entling the 1' dav o Aug�ust_20�8 all dates inclusive, and thnt surh newspaper wa.s regulacly distnbubed to its subscribers during aU of said period: FOR 81bS c�nr o� spo� v�r Pusuc woaKS o�aanN�r sio e s�w►c��eow�s ir�s�cn�+ RIBED WORN to before me ��aECr e��, �,t� 15th d of Aut�ust, 2008. o�„� n� State of Washington �a�e��o""a'�^°°'�°" Coun of S okane �,�m, R �r w�, tY P u►�an�a, ar c�„�,t c� �e- "'�'zt��cP��'��' I certify that I know or have satisfactory evidence that m� c i� Michael Huf.fnnan is theperson who appeared before ��B me, and said erson acknowled ed tfta t he si ed 11757 E SpRagun Awrtu0. S+u� 3�1 s�+�„ AAE �y P S ��wa�szo��2a .Martdeylhr�hFAd�y �M 4Fiy�, this instrum�nt and acknowledged it to be his free ��'T' e'� �.'fl' 3:�° o="'° A"°"'�r""`a�e C� nd volun act for rhe uses and oses men- c�mouni nf �O,AO�h�� ueq fre4. �apie9 Ot the b14 s P� t in�iding ilic�t �,►a �'oned in e instrument. u�ned �n aoF t�rr�at one eom� d�sa at NpTARY eharge. AU bids mus! a�tlest by a y �kl4spesit u� tf ro tarm W a aurefY Oond, P� rpsai►6Y ord�r. e�, ea�t►kfa cheNc, arcaWed N �8�.�+ 0 C�, ��c c� m� �n �s�6� olene Rae tentz m efm amourd at ihe k!d propose�d. Fapwn ta 9�...� 1 M� o bid bcnd In �mptlen� w3th ato C�ty's J' q Y 16 r:w ae�oslt a„�ry b�,�d ro►n, sAaa make u►e d` TYtl@: No y f�ubli� bid Ron�responstve m�d �uso tRs btd to bo �F yy AS� M a tment ex ires: 5-16-11 �ej� Bfds mual be s�a,bmitted in �s Y Pp P add�mu�s�syc��o�u,�a�y ar s�� van�. �»o� s��re nYenua, Sudt� tQ�i. sBc.�no Yi�fle�►. VYa�ttfi►�ton, 89206. j/� ��Ivod et�! l71et Ih�R 11�d a.m. PSbT. PAdav. Auouel 22 200� 8�d o�dn�s y� ks h�d tmmE+rl�ataf�r thQrealt�r nnd a�d M �he �City C�mall Ct�a�eis, StdEe t01. Tt�e Giy rett�tq th� rfghl i��N�any mtd a1! DI� auid �a arslv�e n�eor t m usu biddLeg �rooes� Tl�o Cify ci Spotm�te Yqpey tosotveg the �kgt�t to y+�lve any Ertegulnn't�es o► Enfwmat)• �EQS and to r�¢t mry or no trt� Na bdd�+r rt�►y w�tltslr�w his b�d aRar tho timo eru�ounced fortlre bld a�enfng, �t belose fteo ttyvard ertsi e�eaAlo� a� Iho �nc�, �n�ess tho c��d b eelayed !br perrs°�d °xs�'� �Y �Y� PUSlES1� Augv�t S 16, �9 �tt€�t�rte ��_"nnh�'+dgs. Cl�+i� B auv�isaHE�r FOR 81QS CITY OF SPDKANE VALLEtf PUBIIC WORKS OEPART� MENT BIO N D8�013 SPRA6UFJBOWDISN PCCP INTERSECTION PROIECT N�ttce �s heteby givon that the Cit�r of SpoHane Vailey� Spokane Courtty, Washington wlll accept se�lec� b�ds for tri� *Federal Tax ID No. 68 Sprague/gowdish PCCP Intersection Project. The project cons►sts ni AFFIDAVIT OF PUBLICATION road �er�nstruction and �torm drain conskructlnn work in�luditlg placement STA7'E OF WASHINGTON �f Grushed surfia�:in�, in- COUt7 Of S okane, ss stelleti0n OI POrtFend Ce- tY P m�nt C�n�r�te pav�mer�t (PCCP) and hal mix as Name City of Spokane Valley Acct: 42365 �halt pa+►tn�, Copies of th� bid paGkfft inc�u�tr�g speciftcations and plen� p,0.: No Lines: 95 can 6e obta�r�d at the offlce oF the Ci�y of Spo- Totel Cost: 609.40 Log No: SR16861 karte Valley PubliC Wor�s Qepartment, at 11707 E $prague Avenue, Suite I, Joni Vincent �04, Spotca�e Vaii�y. Wa 99706 Manday do solemnly swear that I am the Principal Clerk of the SPOKESMAN- thrGU�h F�iday fmm 8 :0o REVIEW� a newspaper established and regularly published� once a.m. to �:00 p.m. nan- each da in the En I�sh lan ua e, in and of eneral circulatfon in the relunda6le amount af Y� 9� 9 9 9 S�o.00 is required. Co� City of Spokane, Spokane County, Washington; and in the City of ies ai the bid packet in Coeur d'Alene, Kootenai County, Idaho; that said newspaper has aluding ��ifrcatlons been so established and re ularl ublished and has had said eneral and plans m�y be 9 Y P 9 ubtained in PoF tormat circulation continuously for more than six (6) months prior to the 23rd oie a can►pa� disc at n� day of July, 1941; that said newspaper is printed in an office charge. All bids must bE accomp�ni� t�y a bid �e- b� he�d immediately maintained at its place of publication in the City of Spokane, Rosit in th� brni of a sur• thereafter and read alaud Washington; that said �ewspaper was approved and designated as a �t� t�nd pasta! money or in the c�ry Caunc�� Cnem- legal newspaper by order of the Superior Court of the State of der, cesh, cashier's bers, Su�te 101. Th� City e��h nr c�rtifred Gheck reta�a� tn� �iRnr to re`ect, Washington for Spokane County on the 23rd day of July, 1941, and in an amou�t e�uat to srry and all bids an �•ta that said order has not been revoked and is in full force and effect; �v� oercent ts�� of ti�e wai�re minar ir�gutant�es that the notice attached hereto and whlch is a part of the proof of amauitt of the bi� pr�• fn the 6idding pro��s, �os�d Feilure to furnish 'Che Cit� ot Spokane V�I- publiCatiorl, was published in said newspaper, two time(s), the e bid band in camplian�e ley res,�rv�s the right to publication having been made once each time on the following dates: with ihe Cliy's bid d�ptu- watu� eny irregularities Au uSt S& 15� 2008 i� surety bond it�rm shall �tr inf�rmalities and to re- 9 maka the b�d non- jeGt arry Er �(I bids �to That said notice was published in the regular and entire issue of every res�onsive and cause the bldder may withdraw his number of the paper during the period of time of publication, and that brd �o be re�ect�d. Bids bid alter the time �n the notice was ublished in the news a p must be subm�tted ln nounc�d tor the bid npen P p per pro er and not in a Seal�d envelnpes a�- ing or bafare th8 award supplement dr�sse� ttr the City Clerk and �c�.utian Af the cun- atlh�City ot SpokaneVal- traat, unl�ss fhe award is r/',/� ley. ll�0l E. Spra$ue delayed ior a psriad �x- Avenue, Su�te lOS, Sna c.eedin� �bcty 160) days Subscribed and orn to before me at the City of Spokane, this 15 kene Y�lfey, Washington, Christi�te Bainbritl�e, day of August 99?06, and re��iued not CMC 08 later than 11:4Q a.m. SpoHane Uall�y Cfiy C!erk ��T TS-F PSDT,�FridaY (509-&88-0l7�S 2Q08. Brd openin�s will SR16861 N EXp� p Notary Public in and for the State of Washingto ��o q residing in Spokane County, Washington Q' s r p v N I— j U �cb' C? y s �A�M�� rE oF