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13-173.00 Northwest Fence: Sullivan Bridge Fence Repair CONSTRUCTION AGREEMENT Northwest Fence Company,Inc. THIS CONSTRUCTIONAGREEMENT (the "Agreement") is made by and between the City of Spokane Valley, a code City of the State of Washington ("City") and Northwest Fence Company, Inc., ("Contractor")jointly referred to as(the"Parties"). IN CONSIDERATION of the terms and conditions contained herein the Parties agree as follows: 1.Work to Be Performed. Contractor shall do all work and furnish all labor,supervision,tools,materials, supplies and equipment and other items necessary for the construction and completion of the Fence repair on bridge#4502 Project(the"Work")in accordance with documents described in Exhibit 1 and in accordance with this Agreement(which are by this reference incorporated herein and made part hereof(the "Contract Documents")), and shall perform any changes in the work in accordance with the Contract Documents.The terms and provisions in this Agreement shall control over any inconsistent or incompatible terms in any other Contract Document. Contractor shall, for the amount set forth in paragraph 4,below,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 Documents to City's satisfaction,within the time limits prescribed in the Contract Documents. The City Manager,or designee,shall administer and be the primary contact for Contractor. Upon notice from 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 City,all work shall be performed in conformance with the Contract Documents, and all City,State and federal standards,codes,ordinances,regulations and laws as now existing or as may be adopted or amended. 2. Time for Performance. Contractor shall commence the Work within 10 days of receipt of a notice to proceed [or execution of this Agreement] and shall complete the Work within the times specified in the Contract Documents,as may be extended in accordance with this Agreement and the Contract Documents. 3. Liquidated Damages. TIME IS OF THE ESSENCE FOR THIS CONTRACT. Delays cause inconvenience to the residents of City and cost taxpayers undue sums of money, adding time needed for administration,engineering,inspection and supervision. It is impractical for City to calculate the actual cost of delays. Accordingly, Contractor agrees to pay liquidated damages for failure to achieve Substantial Completion(as defined in the Contract Documents)and shall be in the amount of$0 per day.These liquidated damages are not a penalty,but are fixed and agreed upon by and between Contractor and City because of the impracticability and difficulty of fixing and ascertaining the actual damages that City would sustain in the event that the Work is not completed in accordance with the Contract Documents. Liquidated damages may be retained by City and deducted from payments otherwise due to the Contractor. 4. Compensation. In consideration of Contractor performing the Work, City agrees to pay Contractor in accordance with the Contract Documents the sum of$959.24,based on the bid submitted by Contractor,and as may be adjusted in accordance with the Contract Documents. 5.Payment. Contractor may elect to be paid in monthly installments,upon presentation of an application for Construction Agreement Page 1 of 7 CA 3- 173 payment in a form satisfactory to City. Applications for payment shall be sent to the City Finance Department at the below stated address. Pursuant to Chapter 60.28 RCW,five percent of the compensation due Contractor shall be retained by City. City reserves the right to withhold payment under this Agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Contract Documents,City standards, City Code, and federal or state standards. 6.Notice. Notice other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge,City Clerk Name: Northwest Fence Company, Inc. Phone: (509)921-1000 Phone: 509-927-8084 Address: 11707 East Sprague Ave, Suite 106 Address: 14909 E. Sprague Avenue Spokane Valley,WA 99206 Spokane,WA 99216 7.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws,codes and regulations. 8. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary, Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a 3-year period preceding this application/proposal had one or more public transactions(federal, state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 9.Prevailing Wages on Public Works. Contractor,any subcontractor,or other person doing work under this Agreement, shall comply with the requirements of RCW 39.12,and shall pay each employee an amount not less than the Prevailing Rate of Wage, as specified by the Industrial Statistician of the Washington State Department of Labor and Industries("L&I"). If employing labor in a class not shown,Contractor shall request a determination of the correct wage rate for the class and locality from the Industrial Statistician. Contractor Construction Agreement Page 2 of 7 shall provide a copy of any such determinations to City. Before commencing,during,and upon completion of the work,Contractor shall file all forms and pay all fees required by L&I and shall indemnify and hold City harmless from any claims related to its failure to comply with RCW 39.12. The following information is provided pursuant to RCW 39.12.030: A. State of Washington prevailing wage rates applicable to this public works project,published by L&I are located the L&I website address: https://fortress.wa.gov/lni/wagelookup/prvWagelookup.aspx B.This Project is located in Spokane County. C. The effective prevailing wage date is the same date as the bid due date as referenced in the original request for bids as may be revised by addenda. A copy of the applicable prevailing wage rates is also available for viewing at the offices of City located at 11707 East Sprague,Suite 106,Spokane Valley,WA 99206. Upon request,City will mail a hard copy of the applicable prevailing wages for this project. 10.Relationship of the Parties. It is understood,agreed and declared that Contractor shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Contractor. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Contractor. Contractor shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 11.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Contractor under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 12.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Contractor's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 13.Warranty. Unless provided otherwise in the Contract Documents,Contractor warrants that all Work and materials performed or installed under this Agreement are free from defect or failure for a period of one year following final acceptance by City,unless a supplier or manufacturer has a warranty for a greater period,which warranty shall be assigned or transferred to City. In the event a defect or failure occurs in work or materials, Contractor shall, within the warranty period,remedy the same at no cost or expense to City. This warranty provision shall not be construed to establish a period of limitation with respect to Contractor's other obligations under this Agreement. 14.Contractor to Be Licensed And Bonded. Contractor shall be duly licensed,registered and bonded by the State of Washington at all times this Agreement is in effect. Construction Agreement Page 3 of 7 15. Insurance. Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents,representatives,or employees. A.Minimum Scope of Insurance. 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)form 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 general liability insurance for liability arising from explosion,collapse or underground property damage. City shall be named as an insured under Contractor's commercial general liability insurance policy with respect to the work performed for 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: 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 than$1,000,000 each occurrence, $2,000,000 general aggregate, and a $2,000,000 products-completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain,or be endorsed to contain,the following provisions for automobile liability,professional liability and commercial general liability insurance: 1. Contractor's insurance coverage shall be primary insurance with respect to City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be excess of Contractor's insurance and shall not contribute with it. 2. Contractor shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Contractor. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. Construction Agreement Page 4 of 7 E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Contractor shall furnish acceptable insurance certificates to City at the time Contractor returns the signed Agreement. 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 City. Contractor shall be financially responsible for all pertinent deductibles,self-insured retentions, and/or self-insurance. 16.Indemnification and Hold Harmless. Contractor shall,at its sole expense,defend,indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees and costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors or omissions in the services provided by Contractor, Contractor's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Contractor's duty to defend,indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Contractor's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and(b)Contractor, Contractor's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Contractor,Contractor's agents, subcontractors, subconsultants and employees. Contractor's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection, and all other claim-related expenses. Contractor specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Contractor's waiver of immunity by the provisions of this paragraph extends only to claims against Contractor by City,and does not include,or extend to,any claims by Contractor's employees directly against Contractor. Contractor hereby certifies that this indemnification provision was mutually negotiated. 17.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 party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 18. Assignment and Delegation. 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. Construction Agreement Page 5 of 7 19.Confidentiality. Contractor may,from time to time,receive information which is deemed by City to be confidential. Contractor shall not disclose such information without the prior express written consent of City or upon order of a Court of competent jurisdiction. 20.Disputes. All disputes arising under or related to this Agreement that cannot be resolved through informal discussion and negotiations shall be resolved by litigation filed in the Superior Court for Spokane County, unless otherwise required by applicable federal or state law. 21. Subcontractor Responsibility. As required by RCW 39.06.020,Contractor shall verify responsibility criteria for each first tier subcontractor and its subcontractors of any tier that hires other subcontractors shall verify responsibility criteria for each of its subcontractors. Verification shall include that each subcontractor,at the time of subcontract execution,meets the responsibility criteria listed in RCW 39.04.350(1)and possesses an electrical contractor license,if required by chapter 19.28 RCW,or an elevator contractor license if required by chapter 70.87 RCW. This verification requirement must be included in every subcontract of every tier. 22.Jurisdiction and Venue. This Agreement is entered into in Spokane County,Washington. Venue shall be in Spokane County, State of Washington. 23. Entire Agreement. This Agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties. 24. Anti-kickback. No officer or employee of 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. 25.Business Registration. Prior to commencement of Work under this Agreement,Contractor shall register with the City as a business. 26.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. 27. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Scope of Work 2. Insurance Endorsements Construction Agreement Page 6 of 7 The Parties have executed this Agreement this day of (X--/z76-64--- ,20/3 CITY OF SPOKANE VALLEY: Contractor:Northwest Fence Company 4.4ZAC---\401' Mike Jac Win,City Manager Owner-.y B. Masterson ATTES APPROVED AS TO FORM: r l tine Bainbri s ge, ity Clerk f Office of the ity Atiorne Construction Agreement Page 7 of 7 NORTHWEST FENCE CO.,INC. ��� ���������������� E. 14909 SPRAGUE AVENUE SPOKANE, WA 99216 AORTNWEST (509) 928-8084 MEACE 00. PROPOSAL/CONTRACT Page 1 of 2 9/19/2013 Customer Information: Job Information: City of Spokane Valley Public Wks. #51358 SPOKANE, WA Notes: Estimator: Roy N WE 5 TRENT OFF RAMP -0. q x z BLAST TRACKS 1 x 1 � U? Remove and replace 1-2 3/0" end, 9ft x 15/8" rail, 1 sleeve, approx aft k of 4 ft chain link. TRAFFIC CONTROL NOT INCLUDED.. Approved & Accepted for Customer: Contract Amount: $ 959.24 Customer Date Total Sales Tax: $ 83.45 Total Contract Amount: $ 1042.69 customer Date Down Payment: $ Accepted for NORTHWEST FENCE CO.,INC. : Balance Due: $ 1042.69 Salesperson Date Bridge Repair ReBridge Nam Sullivan RdrOyer BNSF RR' s =1960: Report Brd e jo 44502 tstructure iD 07972300 . City of Spokane Valley Public Works Bnd g e T e in g e s P an pHre streesd- 1W e concrete girders 0 5 _ , •� {�t4� - �ti+c t R's�� �,ti� *fit �$"rd1 Stiokane . .. - r -,:- •-•,,,g4,-- mai,w0.,.-- -r---4- x ,,f Salle � ¢ �p v 7 . > �,.. n „..„_,.. ...,:,...,..„.,.z.:... Repair Chain Link Fence v . v 1. . ,....:...,.,...,,.,1„.. i lI 111! •` y .. I i� �,E�”=f aye b 6V Sari y .$ fsF N,. —„5,!,--` kl '7•,-1..:4:::::.z-z,:_;... ; " ' __'' ,i"v C{. .4. fir c1 &,es9( - . a .r • y ,. West side looking SE •' fs;, '1 ; y .lam���,--,..:-.2%, '"�S � 0 '`� �'' `,`�� 0J1.: IV . ./•- Th ' . £e l , ,•14.!-,, West side looking NW The work shall consist of unfastening the existing chain link fencing material from the bent terminal post, the forty-five degree stabilizing rail and associated top rail. Remove existing terminal and stabilizing rail and all existing concrete foundation material. Resulting holes shall be backfilled with approved native material and compacted to 90%. Install a new terminal post and forty-five degree stabilizing rail matching the size, shape and gauge of the removed post, in accordance with WSDOT Std. Plan L-20.10-02. Re-attach the existing chain link fencing material to the terminal post,top rail and the stabilizing rail. Verify Workers' Comp Premium Status -Employer Liability Certificate Page 1 of 1 Washington State Department of not, Employer Liability Labor and Industries Certificate Department of Labor and Industries Employer Liability Certificate Date: 09/23/2013 UBI #: 600 448 905 Legal Business Name: NORTHWEST FENCE COMPANY INC (WA) Account#: 450,043-00 'Doing Business As'Name: NORTHWEST FENCE CO INC Estimated Workers Reported: Quarter 2 of Year 2013 "21 to 30 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? Yes License: NORTHFC110CZ Expire Date: 4/1/2014 Account Representative: T5 /MICHAEL MURPHY(360)902-4822 - Email: MURY235 @lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation(See RCW 51.12.050 and 51.16.190). ittps://fortress.wa.gov/lni/crpsi/AcctInfoPrint.aspx?AccountId=450043 00&AccountManager=T5+%2f+MI... 9/23/2013 uc , J T 6 194291 DATE(MM/DDf/YYY) �► o CERTIFICATE OF LIABILITY INSURANCE 9/24/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT KRISTY BREMER Commercial Lines-(509)358-3800 PHONE 509-358 3983 FAX I(AIC,No 866-510-9588 (A/C.No.Extl: No): Wells Fargo Insurance Services USA,Inc.-CA LIc#:0°08408 E-MAIL kristy.bremer @wellsfargo.com 601 West Main Street,Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Spokane,WA 99201-0635 INSURERA: American Economy Insurance Co. 19690 INSURED INSURERS: American Fire and Casualty Company 24066 Northwest Fence Co Inc INSURER c: American States Insurance Company 19704 14909 E Sprague INSURER D: INSURER E: Spokane Valley,WA 99216 INSURERF: COVERAGES CERTIFICATE NUMBER: 6609530 REVISION NUMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP W LIMITS LTR INSR VD POLICY NUMBER IMMIDD/YYYY) (MMIDD/YYYY) A GENERAL LIABILITY X X 02CE2154923 3/01/13 3/01/14 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence) $ 1,000,000 CLAIMS-MADE X I OCCUR MED EXP(My one person) $ 10,000 X WA STOP GAP$1,000,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEM.AGGREGATELIMIT APPLIESPER: PRODUCTS-COMP/OP AGO $ 2,000,000 7 POLICY I ]JET ri LOC $ B AUTOMOBILE LIABILITY BAA54817332 3/01/13 3/01/14 (EaaoddeDlj INGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ • ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS X NON-OWNED PROPERTY DAMAGE X $ HIRED AUTOS _AUTOS $ C x UMBRELLALIAB X OCCUR 01SU41808530 3/01/13 3/01/14 EACH OCCURRENCE $ 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 3,000,000 DED I X RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH- A AND EMPLOYERS'LIABILITY STOP GAP ONLY 03/01/13 03/01/14 I TORY L„I ER__ ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 1,000,000 (Mandatory OFFICEFUMEMBER EXCLUDED? I Y N/A WORKERS COMP IS WITH 1,000,000 (Mandatory In NH) LABOR&INDUSTRIES E.L.DISEASE-EA EMPLOYEE$ If yes,describe under E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CG 86 7210 02,CG 76 8010 02,CG 25 03 05 09,CG 24 04 05 09 AS RESPECTS: CHAIN LINK FENCE REPAIR-TRENT&SULLIVAN PRIMARY ADDITIONAL INSURED AND WAIVER OF SUBROGATION IF REQUIRED IN WRITTEN CONTRACT TO CITY OF SPOKANE VALLEY PER THE ACTUAL APPLICABLE POLICY FORMS ATTACHED TO THIS CERTIFICATE. CERTIFICATE HOLDER CANCELLATION CITY OF SPOKANE VALLEY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E SPRAGUE AVE#106 ACCORDANCE WITH THE POLICY PROVISIONS. SPOKANE VALLEY,WA 99206 AUTHORIZED REPRESENTATIVE The ACORD name and logo are registered marks of ACORD ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) Safeco Insurance 0 POLICY NUMBER: 02CE2154923 CG 88 72 10 02 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS--COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person/organization for whom you're required by written contract,agreement, permit to provide completed operations coverage.Your work on all jobs at all locations for the named person or organization. Location and Description of Completed Operations: Additional Premium: (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II-WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only to the extent you are held liable due to your work"at the location designated and described in the schedule of this endorsement for that insured and Included in the"product-completed operations hazard." Includes Copyrighted Information of ISO Properties,Inc., 2001 with permission Saleco and the Safeco logo are registered trademarks of Safeeo Corporation CG88721002 EP AFP-META2-25-PRINT001-0396-0036-E-L Safeco insurance CO 76 6010 02 a THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person/organization for whom you're required by written contract, agreement, permit to provide primary and noncontributory coverage for your ongoing operations whether performed by you or for you. (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) SECTION II — WHO IS AN INSURED is amended you. Coverage shall be limited to the extent of your to Include as an additional insured the person or negligence or fault according to the applicable princl- organization shown in the Schedule subject to the pies of comparative fault. following provisions: The insurance provided will not exceed the lesser of: 1. The additional insured is an insured but only for liability directly resulting from: a. The coverage and/or limits of this policy,or a, your ongoing operations for the additional in- b. The coverage and/or limits required by the sured whether the work is performed by you contract, agreement or permit. or for you;or With respect to the insurance afforded the additional b. the general supervision of your ongoing op- insured, paragraph 4. of SECTION IV— COMMER- erations by the additional insured. CIAL GENERAL LIABILITY CONDITIONS is de- 2. This insurance does not apply to: leted and replaced by the following: a. "Bodily Injury" or "property damage"arising 4. Other Insurance out of any act or omission of, or for defects a. This Insurance is primary and noncontrib- in design furnished by or for, the additional utory, and our obligations are not affected by insured or any other insurance where the additional In- b. "Bodily injury" or "property damage" in- sured is the Named Insured, whether pri- cluded within the "products-completed oper- mary, excess, contingent, or on any other atlons hazard." basis;however, the defense of any claim or "suit" must be tendered as soon as practi- A person's or organization's status as an additional cable to all other insurers which potentially Insured under this endorsement ends when your op- provide insurance for such claim or"suit". erations for that Insured are completed. b. This additional provision applies only to the additional insured shown in the Schedule No coverage will be provided if,in the absence of this and the coverage provided by this endorse- endorsement,no liability would be imposed by law on ment. Saco and the Saleco loco we tecislered bademarks of Saleco Corporafoo CO 76 80 10 02 EP • • POLICY NUMBER 02CE2154923 COMMERCIAL GENERALLIA T CO THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. • DESIGNATED CONSTRUCTiON PROJECT(S) GENERAL AGGREGATE LIMIT • This endorsement modifies Insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Deskrnated Conebudton ProfecUs): • AS REQUIRED BY WRITTEN CONTRACT • • information required to complete this Schedule,If not shown above,will be shown In the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obilgated to pay as damages caused by damages or under Coverage C for medical 'occurrences"under Section i—Coverage A and expanses shall reduce the Designated for all medical expenses caused by sod ants Construction Project General Aggregate Limit under Section I—Coverage C,which can be for that designated construction project.Such attributed only to ongoing operations eta single payments shall not reduce the General • designated construction project shown In the Aggregate Limit shown In the Declarations nor Schedule above: shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project • designated construction project,end Ihal limit shown in the Schedule above, is equal to the amount of the General ' 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence,Damage To Premises Rented To You and Medical Expense continue to apply. 2. The Designated Construction Project General However,instead of being subject to the Aggregate Limit is the most we will pay for the General Aggregate Limit shown In the sum of all damages under Coverage except Declarations,such ffmits will be subject to the damages because of"bodily Injury"or applicable Designated Construction Project 'property damage'Included in end f Inducts- General Aggregate Limit. completed operations hazard",and for medical expenses under Coverage C regardless of the number oh a.Insureds; b. Claims made or'sults°brought;or o.Persons or organizations making claims or bringing'Wits". CO25030509 41 Insurance Services Office,Inc.,2005 Page 1 of 2 Li w°rodc°o, • • B. For all sums which the insured becomes legally C.When coverage for liability arising out of the obligated to pay as damages caused by 'producte.completed operations hazard"Is "occurrences"under Section I—Coverage A,and provided,any payments for damages because of for all medical expenses caused by accidents 'bodily injury"of propertydamag&included in under Section I—Coverage C,which cannot be the"products-completed operations hazard"will attributed only to ongoing operations at a single reduce the Productecompieted Operations designated construction project shown In the Aggregate Limit,and not reduce the General Schedule above, Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. . damages or under Coverage Cfor medical D.If the applicable designated construction project expenses shell reduce the amount available has been abandoned,delayed,or abandoned under the General Aggregate Limit er the and then restarted,or If the authorized Products.completed Operations Aggregate contracting parties deviate from plans,blueprints, Limit,whichever is applicable;end designs,epeclflcatlons or timetables,the project 2. Such payments shell not reduce any will still be deemed to bathe same construction Designated Construction Project General project. Aggregate Limit. • E. The provisions of Section Ill—Limits Of insurance not otherwise modified by this endorsement shall continue to apply as stipulated. • Page 2 of 2 ©insurance Services Office,Inc.,2008 CO 28 03 08 08 D Nwred C•9Y POLICY NUMBER: 02CE2154923 COMMERCIAL GENERAL LIABILITY CO 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABIUTY COVERAGE PART • SCHEDULE • Name Of Person Or Organization:Any person or organization when you and such person or organization have agreed In writing In a contract or egreementihat you will waive any right of recovery against such person or organization. Information required to complete this Schedule,If not shown above will be shown In the Declarations. The following is added to Paragraph 8.Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work"done under a contract with that person or organization and included in the "products- completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. • CO 24 04 06 09 ©Insurance Servioes Office,ino.,2000 Page 1 of 0