15-019.00 Epic Land Solutions: Sprague/Long Sidewalk Improvements AGREEMENT FOR PROFESSIONAL SERVICES
Epic Land Solutions,Inc.
Right of Way Acquisition Services for Sprague/Long Sidewalk Project,CIP#0206
Contract No. 15-019
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the
State of Washington, hereinafter "City" and Epic Land Solutions, Inc., hereinafter "Consultant,"jointly
referred to as"Parties."
IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows:
1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily
complete the attached Scope of Services.
A. Administration. The City Manager or designee shall administer and be the primary contact for
Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Services, schedule and date of completion. The Scope of
Services is attached hereto as Exhibit 1. Upon notice from the City Manager or designee,
Consultant shall commence work,perform the requested tasks in the Scope of Services, stop work
and promptly cure any failure in performance under this Agreement.
B. Representations. City has relied upon the qualifications of Consultant in entering into this
Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill
and resources necessary to perform the work and is familiar with all current laws, rules and
regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon
personnel shall be made without the prior written consent of City.
Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient
compensation for its timely provision of all professional services required to complete the Scope
of Services under this Agreement.
Consultant shall be responsible for the technical accuracy of its services and documents resulting
therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is
directly attributable to deficiencies in City furnished information.
C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally
employed by professional consultants engaged in the same profession, and performing the same
or similar services at the time such services are performed.
D. Modifications. City may modify this Agreement and order changes in the work whenever
necessary or advisable. Consultant will accept modifications when ordered in writing by the City
Manager or designee. Compensation for such modifications or changes shall be as mutually
agreed between the Parties. Consultant shall make such revisions in the work as are necessary to
correct errors or omissions appearing therein when required to do so by City without additional
compensation.
2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain
in effect until completion of all contractual requirements have been met as determined by City.
Agreement for Professional Services Page 1 of 6
Consultant shall complete its work by March 31, 2015, unless the time for performance is extended in
writing by the Parties.
Either Party may terminate this Agreement for material breach after providing the other Party with at least
ten days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this
Agreement for any reason by ten days' written notice to Consultant. In the event of termination without
breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to
the termination date.
3. Compensation. City agrees to pay Consultant on a time and materials basis, not to exceed $6,600.00
as full compensation for everything done under this Agreement. Consultant shall not proceed with work
that will exceed this billable cost without obtaining written approval from the City.
4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for
payment shall be sent to the City Finance Department at the below stated address.
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 Scope of Services,City standards,
City Code,and federal or state standards.
5.Notice. Notices other than applications for payment shall be given in writing as follows:
TO THE CITY: TO THE CONSULTANT:
Name: Christine Bainbridge,City Clerk Name: Casey Overcamp
Phone: (509)921-1000 Phone: 509-315-2758
Address: 11707 East Sprague Ave, Suite 106 Address: 111 W.North River Drive, Suite 201
Spokane Valley,WA 99206 Spokane, WA 99201
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 regulations. Consultant warrants that its designs,
construction documents,and services shall confirm to all federal,state and local statutes and regulations.
7. 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
Agreement for Professional Services Page 2 of 6
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 three-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.
8. Relationship of the Parties. It is understood, agreed and declared that Consultant 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 Consultant. Any and all employees who provide services
to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be
solely responsible for the conduct and actions of all its employees under this Agreement and any liability
that may attach thereto.
9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared
by Consultant 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. The written, graphic, mapped,
photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise
provided, be deemed the property of City. City shall be permitted to retain these documents, including
reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the
form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose,
distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material
prepared under this Agreement, provided that Consultant shall have no liability for the use of
Consultant's work product outside of the scope of its intended purpose.
10. 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 Consultant'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 Agreement for a period of three years from the date final payment is
made hereunder.
11. Insurance. Consultant 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 Consultant, its agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance. Consultant 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
and personal injury and advertising injury. City shall be named as an insured under
Agreement for Professional Services Page 3 of 6
Consultant's commercial general liability insurance policy with respect to the work
performed for the City.
3. Workers' compensation coverage as required by the industrial insurance laws of the
State of Washington.
4. Professional liability insurance appropriate to Consultant's profession.
B. Minimum Amounts of Insurance. Consultant 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.
3. Professional liability insurance shall be written with limits no less than $1,000,000 per
claim and$1,000,000 policy 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. Consultant's insurance coverage shall be primary insurance with respect to City. Any
insurance, self-insurance, or insurance pool coverage maintained by City shall be in
excess of Consultant's insurance and shall not contribute with it.
2. Consultant shall fax or send electronically in .pdf format a copy of insurer's
cancellation notice within two business days of receipt by Consultant.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best
rating of not less than A:VII.
E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement,
Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant
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. Consultant shall be financially responsible for all
pertinent deductibles, self-insured retentions,and/or self-insurance.
12. Indemnification and Hold Harmless. Consultant 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 Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest
extent permitted by law, subject only to the limitations provided below.
Agreement for Professional Services Page 4 of 6
Consultant'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.
Consultant'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)
Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the
extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and
employees.
Consultant'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.
Consultant 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 Consultant's waiver of immunity under this provision extends only to claims against
Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly
against Consultant.
Consultant hereby certifies that this indemnification provision was mutually negotiated.
13. 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 a 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.
14. 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.
15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for
any of the work contemplated under this Agreement without obtaining prior written approval of City.
16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to
be confidential. Consultant shall not disclose such information without the prior express written consent
of City or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in
Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be
joined as a party in any arbitration proceeding between City and any third party that includes a claim or
claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant
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further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that
judgment may be entered upon it in any court having jurisdiction thereof.
18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this
Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness
fees).
19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between
the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,
modified or altered except in writing signed by the Parties hereto.
20. 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.
21. Business Registration. Prior to commencement of work under this Agreement, Consultant 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. Scope of Services
2. Insurance Certificates
The Parties have executed this Agreement this Cday of
CITY OF SPOKANE VALLEY Consultant:
!low
ike .cks,' , rty Manager By: Overca p,
Its: Authorized Representative
A ; 1 : APPROVED A TO FORM:
P- .4W/,
Christine Bainbridge,City Cle Office he City rney
Agreement for Professional Services Page 6 of 6
Epic Land Solutions, Inc. r EXHIBIT 1
111 W. North River Drive., Suite 201
Spokane, WA 99201
Main line: 509-315-2758
Direct: 509-724-2794
Cell: 509-999-4787
January 28, 2015
Ken Knutson
Project Engineer
City of Spokane Valley
Spokane Valley, WA 99206
RE: Long Sidewalk Project
Dear Mr. Knutson:
Epic Land Solutions, Inc. is pleased to provide a proposal for Acquisition and Appraisal Services
for the City of Spokane Valley Sprague/Long Sidewalk project.
Epic is a full service real property consulting firm specializing in public agency real estate
consulting. Our team is well-versed in the Federal and State regulations related to real estate
consulting. Roxanne Grimm will be the primary resource on this project. Roxanne has worked
on many projects similar in nature to this one and is well known by those who certify projects
with State and Federal funding.
Epic's goal for overall real estate services is to provide knowledgeable, efficient, caring and
sensitive supervision and coordination throughout all stages of the project. This begins with
identifying potential ROW issues and planning how to address these effectively.
We look forward to this project and are committed to providing exceptional services. Please,
call or email us upon approval and we will begin immediately.
Creating Land Solutions for the Public Good
www.epicland.com
Acquisition Scope
For real estate acquisitions, Epic will provide the following:
• Prepare an offer package and submit the offer to the property owners or their
representatives and negotiate a mutually acceptable agreement subject to City approval.
• Prepare a final settlement packet for the City including signed legal documents, a diary of
owner contacts, and written or electronic communication.
• All parcels to conform to local, State and Federal guidelines.
During the course of the project, Epic will provide the City with detailed status and
communicate as needed to address any issues related to the negotiations.
Schedule
Epic will commence immediately upon receiving this signed document which serves as a Notice
to Proceed.
Fees
CONSULTANT shall provide the acquisition and appraisal services at the following Not To
Exceed fee:
Name Acquisition NTE Fee
Acquire strip acquisitions in fee and TCE's where
applicable on the following 2 parcels :
Parcels#'s:
55191.0414 and 55191.0409 2 parcels @$2500.00=
$5000.00
Appraisal (AOS) services on the above 2 parcel
numbers.The cost includes Sales Package, Project 2 AOS valuations @$800.00=
description and Funding Package. $1600.00
TOTAL $6600.00
Creating Land Solutions for the Public Good
www.epicland.com
The above not-to-exceed will be bill on a time and expense basis with staff hours at the
following rates. Fees provided above are based on the scope described in its entirety and the
consequential economies of scale. Should the scope be reduced, a revised cost estimate will
need to be developed and submitted.
Staffing Hourly Rates
Regional Manager $145
Project Manager $125
Senior Agent $95
Agent $53
Cost assumptions:
• Cost assumes the acquisitions will take place within 3 months of the start of negotiations
• Cost does not include purchase of preliminary title reports or recording fees. It is assumed
title reports will be provided by the City of Spokane Valley.
• City of Spokane Valley will provide documents for transferring title and provide a means for
closing acquisitions either by the City of Spokane Valley or by a local Title Company.
• City of Spokane Valley to provide legal descriptions of the ROW area to be acquired.
• Condemnation preparation to be charged additional to Not To Exceed at hourly rates
above. Court/Arbitration hearing preparation and/or testimony is two times the hourly
rates provided above.
• No relocation services are included.
Creating Land Solutions for the Public Good
www.epicland.com
•
f�..m4) EPICLAN-01 ROSEM
), AC-COM/3° DATE(MMIDDIYYYY)
1,,,r,, CERTIFICATE OF LIABILITY INSURANCE 2/ 2015
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER License#0E67768 CONAME: Erica Wilson
IOA Insurance Services PHONE (619)574-6220 FAX (619)574-6288
4350 La Jolla Village Drive talc No,Ext): (A/C,No):
EDDR Erica,Wilson@ioausa.com
Suite 900 ADDRESS:
San Diego,CA 92122
INSURER(S)AFFORDING COVERAGE NAIC C
INSURERA:Valley Forge Insurance Company 20508
INSURED INSURER B:Transportation insurance Company 20494
Epic Land Solutions INSURERC:COiUmbia Casualty Company 31127
2601 Airport Drive Suite 115 INSURER D:
Torrance,CA 90505 INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
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 CON DITIONS.OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSUBR POLICY EFF POLICY EXP
LTR TYPE OF.INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000
UAMAUE I U FttN I tD
CLAIMS-MADE X OCCUR X 4031022253 10/01/2014 10/01/2015 PREMISES(Ea occurrence] $ 1,000,0.00
X Cont Liab/Sev Of Int MED EXP(Any one person) $ 10,000
X No CO.Owned Autos PERSONAL&ADV INJURY $ 2,000,000
•GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000
POLICY X PCT LOC PRODUCTS-COMPJOPAGG $ 4,000,000
OTHER: Deductible' $ 0
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1000000
(Ea accident) , + .
A ANY AUTO X 4031022253 10/01/2014 10/01/2015 BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS _AUTOS
X HIRED AUTOS X AUUTOS ED PPROPERTY AMAGE $
$
X UMBRELLA LIAB ,X OCCUR EACH OCCURRENCE $ 1,000,000
B EXCESS LIAB CLAIMS-MADE 6014253989 10/01/2014 10/01/2015 AGGREGATE $ 1,000,000
DED RETENTION$ $
WORKERS COMPENSATION X
AND EMPLOYERS'LIABILITY PER
ER
A ANY PROPRIETOR/PARTNER/EXECUTIVE'Y IN
• N!A 5094617867 10/01/2014 10/01/2015 E.L.EACH ACCIDENT $ .1,000,000
OFFICER/MEMBER EXCLUDED? 1 OOO 000
(Mandatory in NH) E.L.DISEASE-,EA EMPLOYEE $ _; ,
If yes,describe under1,000 000
DESCRIPTION OF OPERATIONS belowLI
E.L.DISEASE-POCY LIMIT $ ,
C Prof Liab/Cams Made RSE42315461514 10/01/2014 10/01/2015 Per Claim 2,000,000
C Ded.:$25k Per Claim RSE42315461514 10/01/2014 10/01/2015 Aggregate 2,000,000
DESCRIPTION OF OPERATIONS l LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
Re:Contract No.15-019/Right of Way Acquisition Services for Sprague/Long Sidewalk Project,CIP 0206
City:of Spokane Valley is Additional Insured with respect to General/Hired Si Non-Owned Auto Liability per the attached endorsement as required by written
contract.Insurance is Primary and Non-Contributory.
30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
•
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
City of Spokane Valley •Ast, (__/
11707 East Sprague Ave,Suite.106 `"�""
(Spokane,WA 99206
O 19884014 ACORD CORPORATION. All rights"reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
lit
.A- Policy Num ber: 4031022253
, „ . ... ,... SB 46 &A
f
'-'1-111"rn. Named Insured:' Epic Land Solutions, Inc. .(0. 1/06)
IMPORTANTiTHIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THEADDMONAL
INSURED'IN'THE:EVENT OF OCCURRENGE'OFFENSE CLAIM OR SUIT.-SEEPARAGRAPH
O.,birTHISIENDOASEMENT FOWTHESE DUTIES.
tkittNixitttEMENt CHANGES THE Poi:10K PLEAttftW it 'CAliEFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
'WITH PRODUCTS-COMPLETED 7 OPERATIONS COVERAGE
lit
BLANKET'WAIVER OF SUBROGATION
AtChitetts', Englitedit4rid Surveyors
This endorsement modifies insurance provided under the following:
BUSINESSOWNERSLIABILITY-COVERAGE FORM
BUSINESSOWNERS COMMON POLICY-CONDITIONS
A. WHO IS AN 'INSURED, (SedjOh C;) of the ,4. The. insurah-ce.PrOVided to the additional insured
Businessowners'Liability-,CoVertiqe1FOriti Ai aimended does not apply to "bodily injury," "Pf4PeitY
to include as an insured any peroorl 04o.414014700 damage," per§blial and alVertising injUty"arising
whomyouare required tOpittct.aon atiditional:insurel out (Of'Pi:,••'OrOV1000, engineer's, cll'. surveyor's
. ..,.. . , , .,
on this policy under a written contract or written rendering pf or failure to render any professional
agreement; but the written contract or written services including:
6*e-6-lent must be:
a. The preparing, approving,or failing to prepare
1. Currently in effed-or becoming affeative2,duringthe be OPribVii inapS, a-hó p ;drawirig'S, opinions,
term of this-policy;and repos, oiwyti field WOOS-, change orders
or doiorg4 and swedifidetiorfs by oily
2. Executed pride to the bodily injury,irorr 7property 'oroiii*ti, Ongirieer or surveyor performing
damage, orpersonal arid advertising
,:. , . services on,a prOjeCt-of which you serve As
,.
B. The inatiranCe provided to theadditionalinsured Is construction manager, or
. • - -
Iimiteslas follows: b. Inspection; supervision, quality control,
1. That person or organization is an additional engineering 4r. architectural services done:by
- .. .. , .. ,.. .., _ .... _._...„..„
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insured.-solely for liability due to your negligence YOU on a project of which you serve as
specifically resulting from '"your work” for The Mittilittiiiii manager.
additional insured -whiCh :FS the SUbjedt-,Of the
5. This insurance Aties :not-apply to "bodily injury,”
Written ,contract or Written --agfe'eilient: No , .,.. . ,.,. , , .. --,, ,
"property darnager or "personal and ad
coverage appliestoiiioility:restittlogIrooftie stile
injury'arising-outp,f;
negligence'of theacitlitional insured.
ce a. The construction or demolition work while
2. The Limits of Insurance applicable to the
. ,.. ..... are noting as a construction or demblition
additional insurect .are 'those :specified in the ContraCtOr. This exoluSiori does not apply to
written contract or written agreement or In the WOrKdonefOrbebyytiti.atyeitirprernides.
Declarations of this 'policy, whichever is less.
These Limits of Insurance are iiibliftiVeOf,and not C. BUSINESSOWNERS GENERAL LIABILITY
inadditiOn.16;the Limits of Insurance shown In the CONDITIONS,-bkillet InThetVent-Of Occurrence,
Declarations: Offense, 'porn or Suit (Section .Ei24 of the
Form is amended
Businessowners• Liability,,Coverage nded
3. The coverageproVided to the,additional insured .- --.. ,•.-.a ,. ...-.. , . , . ..
to add the following
within itiip en-dOraeieril aid section titled
LIABILITY AND MEDICAL 'EXPENSE- ,An additional insured under this endorsement will as
DEFINITIONS -- "Insured C.tnittact" (SeCtiOn soon iziaPrediCable:
E9.)Withinthe BuairieSSOWifeit Liability Coverage
, 1. Give writtenariOtideOf an occurrence or offenSe
Form,does nOtapplyTO"bodily iripty'or''ciroorelly to uSWhiCh may result in a claim dr%uit" under
tlainage" arising :oUt,of The "prot1ucts7corholetetl
operations hazard" unless required by the written this inti.itanCa;
contract or written agreement.
SB-146968-A Page 1 of 2
(Ed.*:0110S)
Sa-146968-A
( a;
91/96)
2 Tender.the�defense and indemnity of nst that"sud`If do other insurer defends,`vie
"swt" to us for a loss we cover under this will undertakesto do so,but we will be entitled to
Coverage l ar[° the iaddiifional insureds rights against all-those
3. Tend. indemnity of any:claim.or
otherinsurers.
derthe'defenseen
"suit" to any f.dther insdrer #which also has When this insurance •is excess over other
insurance.for'a loss we;coverunder"this Coverage in"surarice `we will pay ;only our share of the
Part;and amount:of;the loss, If any, that exceeds"the sum
4. Agree to make available any other insurance
of:
which the additional insured has for a loss we (a) The total amount theta('such other inturande
cover under thisfkoverage Part.; wouldpay for theloss in the absence`of this
We have no duty`to defend or indemnify an additional insurance and
insured under this endorsement until e receive
We (b) The total of all deductible and self-insured
written notice of a claim;or t"'Shi °from'the additional 'amounts Under-Withal'other"insurance.
insured:
We will share the remaining loss, if any, with any
D. OTHER INSURANCE (Section H 2s ;& 3;) of the other insu[ance that is not described in 'this
Businessowners Common PolicyConditions °are Excess Insurance'brovision and vas not bought
deleted and replaced with the follornnng.• 0001.0.04,tto a ply m excess"of the' Limits ofInsurance shown °In the Declarations of 'this
2. Thisinsurance is excess over appy othinsurance surance CoveragePart:
naming the additional insured as an insured
whether primary, excess, contingent or on any ,E. TRANSFER OF RIGHTS OF RECOVERY AGAINST
other basis unless a :written contract,Or Written OTHERS' TO US' {Section K.2.) of the
agreement specifically requires thatjhis insurance BComm
uslnessowners on Policy:Conditiohs is deleted
be either primary or primary sand"noncontributing ;and replabOrWith;theffol owing:
to the :additional insur�ed's own }coveragehis: T .
2 We waive any right of recovery we may have
insurance is excess overianj other insurance;(o
which the additional insured has been added as againsteny person Pr;organzafion aga+nst whom 5you
an additional insured`b endorsements have agreed to waiye such right of recovery ,in a
Y written contract eor agreement because of payments
3. When this insurance is excess, we will have no 'we make for injury or damage arising out of your
duty under "Coverages A or°)3 to defend the ,ongoing operations ;or "your work" i.d6ne under a
additional insured against any TWA"if any other contractwith th ttierson or organization arid included
insurer a'duty to defend the additional;insure I wrthh;the"productsscompieted operations'hazard.
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SB-146968-A Page2of 2
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Search Term : epic*land*
Record Status: Active
EPIC LAND SOLUTIONS, INC. Status:Active
DUNS: 005526509 +4: CAGE Code: 3E3A6 DoDAAC:
Expiration Date: Mar 18, 2015 Has Active Exclusion?: No Delinquent Federal Debt?: No
Address: 2601 AIRPORT DR STE 115
City: TORRANCE State/Province: CALIFORNIA
ZIP Code: 90505-6017 Country: UNITED STATES
February 02,2015 5:52 PM Page 1 of 1
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