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15-084.00 Strata: Houk Sinto Maxwell Material Testing AGREEMENT FOR PROFESSIONAL,SERVICES SVPW Contract 15-084 Houk Sinto Maxwell St Preservation Project Material Testing Contract THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and STRATA,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 in the attached STRATA June 19"'2015 Proposal. 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 STRATA June 19th, 2015 Proposal 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 professionalservices 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. Consultant shall complete its work within the timelines stated with the Scope of Services. Agreement for Professional Services Page 1 of 6 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, up to $7,934.50 as full compensation for everything done under this Agreement. Consultant shall not perform any extra,further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 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 Naine:Paxton Anderson,P.E. Phone: (509)921-1000 Phone:509-891-2012 Address: 11707 East Sprague Ave,Suite 106 Address:10020 E.Knox Ave.,Ste 200 Spokane Valley,WA 99206 Spokane Valley,WA 99206 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 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 Agreement for Professional Services Page 2 of 6 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 ofthe 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. 1 1.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 CO 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 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. Agreement for Professional Services Page 3 of 6 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:V11. 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. 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 ofsuch 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. Agreement for Professional Services Page 4 of 6 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 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 Agreement for Professional Services Page 5 of 6 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. Exhibit 1,June 19,2015 STRATA Proposal 2. Insurance Certificates The Parties have executed this Agreement thisZZ day of -50t-it ,20.4' CITY OF SPOKANE VALLEY Cons a t: •• r =y: arK 10Its: Authorized Representative Jif""'( CA/ Ma er AT ESA _ ( APPROVED A� M: V4'4111/ Christine Bainbridge,City Clerk 0 ice the City Atto Agreement for Professional Services Page 6 of 6 • eKtv.bik SITMaya A PROFESSIONAL SERVICES CORPORATION ►thG�rih)..Fros 4-A .*irouKd yr June 19, 2015 File: SPP15105 Mr. Craig Aldworth, P.E. Project Engineer City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, Washington 99206 Email: caldworth@spokanevalley.org RE: PROPOSAL Construction Material Testing Houk, Sinto, Maxwell Street Preservation Project, CIP 0220 2015 Street Preservation Program Spokane Valley, Washington Greetings Craig: Strata, A Professional Services Corporation (STRATA) is pleased to provide the following proposal for construction material testing services for the upcoming Houk, Sinto, Maxwell Street Preservation project located in Spokane Valley, Washington. STRATA is confident that our firm can provide the required construction testing services in a cost-effective, timely, and professional manner. The following paragraphs describe our project understanding, scope of service, and estimated fees. PROJECT UNDERSTANDING We understand the following roads will undergo extensive improvement-related construction activities: Houk Road, Maxwell Avenue, and Sinto Avenue. These activities include the removal and replacement of existing curbing, gutter, and sidewalks, and grinding and overlay of hot mix asphalt (HMA). As demolition concludes, stormwater improvements are planned, and areas to receive HMA overlay will utilize a crushed surfacing top course to bring the grade to final construction elevations, prior to HMA placement. New curb, gutter, and sidewalk construction will occur at the southeast corner intersection of Houk Road and Sinto Avenue. The HMA overlay will include the following road segments: Houk Road, between Mission Avenue and Sinto Avenue, Maxwell Avenue, between Pines Road and Houk Road, and Sinto Avenue, between Pines Road and Houk Road. The proposed HMA mix will comprise Washington Department of Transportation (WSDOT), Class 'A-inch, with a Performance Graded (PG) 64-28 binder. Based on the information you provided in our telephone conversation on June 18, 2015, and our review of the project plans, specifications, and the project bid tabulation, we anticipate that the construction activities will require testing as detailed in the following sections. Accordingly, this proposal is based on our project understanding, anticipated project duration, 10020 E. Knox Ave, Suite 200, Spokane,Washington 99206 Phone.509.891.1904 Fax 509.891.2012 www.stratageotech.com Proposal Houk, Sinto, Maxwell Street Preservation Project File: SPP15105 Page 2 and anticipated scope of services as detailed below. The quantities listed in our fee schedule are estimates; variance in these quantities and associated testing fees may take place due to design changes, additional services, construction schedules, unanticipated conditions, weather, contractor scheduling, or other factors beyond our control. SCOPE OF SERVICES Based on STRATA's review of project plans dated April 7, 2015 by City of Spokane Valley and discussions with you, we anticipate our scope of services on this project will consist of the following: Soil/Aggregate Observation and Testing STRATA will provide a qualified field professional to observe and test compaction of subgrade, utility trench backfill, and after the placement of crushed surface top course for the roadways, curb, gutter, and sidewalk. We will sample on-site and any imported materials used for backfill and crushed surfacing course, and transport these samples to our laboratory for required testing. We assume 10 visits will be required to complete the soil and aggregate testing. Concrete Observation, Sampling and Testing STRATA will provide a field professional to conduct sampling and field testing of concrete, including casting of compressive test cylinders for verification purposes. Our field services will include testing for slump, temperature (concrete and ambient), air content, verification of mix design by batch ticket when the approved design is available, and casting of test specimens. Casting of compressive strength cylinders will occur only at request by you. Based on our discussions with you, we assume 14 visits will be required to complete the concrete testing. All sampling and field-testing of concrete will be conducted by personnel certified by, at minimum, the American Concrete Institute (ACI). We estimate that 1 set of 5 compression test cylinders for laboratory cure (1 tested at 7 days, 3 at 28 days, and 1 held pending 28 day test results) will be required for each lot, or once for each day's placement for all concrete placed in the curb, gutter, sidewalk areas. Upon completion of the 24-hour initial curing period, STRATA will pick up and deliver concrete compression test specimens to our certified laboratory for curing and testing. STRATA will document compression test results and a test report will be sent as required by project specifications. We have based this proposal on the assumption that compliance testing of other materials (i.e. aggregates, cement, etc.) will not be required. Therefore, we have not included these activities in the anticipated scope. If it becomes necessary, we can provide these services for an additional fee. Hot Mix Asphalt(HMA) Observation and Testing STRATA will provide a qualified field professional to observe, sample and test compaction during HMA paving of the previously mentioned roadways. HMA samples will be obtained at the supplier's batch plant and transported to our laboratory for the required testing. We assume 3 visits will be required to perform HMA testing during patching activities, and 2 night visits will be required for the overlay paving. www.stratageotech.com ©2015 by Strata,A Professional Services Corporation.All rights reserved. Proposal Houk, Sinto, Maxwell Street Preservation Project File: SPP15105 Page 3 Project Management and Reporting Mr. Ryan Matteson will be the Project Manager and the point of contact in the coordination of our field observation and laboratory testing services. All requests for scheduling of our inspection and testing will be handled through our local Spokane, Washington office (phone 509-891-1904). We request that scheduling calls be made 24 hours in advance in order to allow the appropriate response time for the project. STRATA's project manager will review the daily reports generated by field staff during construction. These reports will be transmitted electronically on a daily basis to the project team. Laboratory test results will be transmitted electronically by noon of the following working day. Alternatively and if you prefer, we'll provide an electronic reporting repository via Dropbox for your complete and limitless access to all project reporting. Items found in non-compliance with the project requirements will be brought to the immediate attention of your project representative. Upon completion of the project, we will provide a final summary report to document the materials testing services. FEE ESTIMATE We propose to accomplish the above scope of services on a time and expense basis not to exceed $7,934.50 without prior authorization, as outlined in our attached Preliminary Fee Estimate. Overtime will be invoiced at 1% times the hourly rate for all time before 7:00 AM, after 5:00 PM, over 8 hours per day, weekends or holidays (excluding the night work paving). In the event of short notice scheduling (less than 24 hours in advance) of field tests, a surcharge of $50.00 will be applied per instance. These surcharges are in addition to our anticipated scope of service. A two-hour minimum charge including travel will be invoiced for field-testing. Mileage and time will be invoiced portal to portal from STRATA's office. LIMITATIONS The above Scope of Services is for construction materials testing, inspection and laboratory services. Our services do not include a geotechnical evaluation of any kind. We are not assuming the geotechnical engineer-of-record for the project. Our construction materials testing, inspection and laboratory services are limited to verifications of the plans and specifications. STRATA does not represent or warrant that we have reviewed the construction documents (plans, specifications, etc.) for accuracy, appropriateness and whether the documents meet the standard of care at the time of our services in the north Idaho and eastern Washington area. SUMMARY We will perform testing services in general accordance with this proposal and aligned with the terms outlined in the Agreement for Professional Services upon authorization, STRATA will execute the Agreement, memorializing the contract for this project. STRATA personnel take pride in their ability to provide timely and professional service to our clients. Again, we appreciate the opportunity to provide you this proposal to perform construction material testing services on this project. If this proposal and contract terms are www.stratageotech.com ©2015 by Strata,A Professional Services Corporation.All rights reserved. Proposal Houk, Sinto, Maxwell Street Preservation Project File: SPP15105 Page 4 acceptable to you, please contact STRATA with your acceptance at your earliest convenience. If you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, STRATA "1.4fr____T___------ yan Matteson Project Manager& Laboratory Services Coordinator pe4404041_, Paxton K. Anderson, P.E. Area Manager RMM/PKA/ja Attachment: Preliminary Fee Estimate 6 www.stratageotech.com ©2015 by Strata,A Professional Services Corporation.All rights reserved. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The one page(s) entitled “Preliminary Fee Estimate” contain(s) confidential cost and rate data and is(are) withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. 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. Terra Insurance Company (A Risk Retention Group) TERRA Two Fifer Avenue, Suite 100 INSURANCE COMPANY Corte Madera, CA 94925 CERTIFICATE OF INSURANCE DATE 06/24/15 NAME AND ADDRESS OF INSURED Strata,Inc. 10020 E.Knox Ave., Ste. 200 Spokane Valley,WA 99206 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named above for the policy period any Notwithstanding any requirement,term or condition of a y co ntract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 215082 01/01/15 12/31/15 LIMITS OF LIABILITY $1,000,000 EACH CLAIM v $1,000,000 ANNUAL AGGREGATE (/ PROJECT DESCRIPTION SP15105A-Houk, Sinto,Maxwell Street Preservation Project-CIP 0220 CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty(30)days in advance,or ten (10)days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date,the Company will mail written notice to the certificate holder within thirty(30)days of the notice to the Company from the insured. CERTIFICATE HOLDER ISSUING COMPANY: City of Spokane Valley TERRA INSURANCE COMPANY Attn:Craig Aldworth,P.E. (A Risk Retention Group) 11707 E. Sprague Avenue, Suite 106 Spokane Valley,WA 99206bz..1 jocrzatc_ President Client#: 10148 STRATAINC ACORDTM DATE(MM/DD/CERTIFICATE OF LIABILITY INSURANCE 6/24M/DD/ 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 NAME: Linda Hansen Moreton&Company-Idaho PHONE 208 321-9300 FAX 208-321-0101 (A/C,No,Ext): (A/C,No): P.O.Box 191030 ADDRESS: lhansen@moreton.com Boise,ID 83719 INSURER(S)AFFORDING COVERAGE NAIL# 208 321-9300 Cincinnati Insurance Company 10677 INSURER A: p y INSURED INSURER B:Idaho State Insurance Fund 36129 Strata,Inc. INSURER C 10020 E Knox Ave,Ste 200 INSURER D: Spokane Valley,WA 99206 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IEXP LTR TYPE OF INSURANCE INSRL WVD POLICY NUMBER (SUBR MM/DDY/YYYY) (MM/DDY ) LIMITS A GENERAL LIABILITY CPP3668398 05/01/2015 05/01/2016 EACH OCCURRENCE $1,000,000 Y E X COMMERCIAL GENERAL LIABILITY PREMISESO(EaE ante) $500,000 CLAIMS-MADE X OCCUR • MED EXP(Any one person) $10,000 X WA Stop Gap PERSONAL&ADV INJURY $1,000,000 X X Form attached: GENERAL AGGREGATE $2,000,000 iV GEN'L AGGREGATE LIMIT APPLIES PER: GA233 02/07 PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY X JECOT- n LOC $ A AUTOMOBILE LIABILITY CPP3668398 05/01/2015 05/01/2016 COMBINaccideEDnt)SI $1,000,000v NGLE LIMIT (Ea X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS X X Forms attached: BODILY INJURY(Per accident) $ X HIREDSAUTOS X NON-OWNED AA4171 &AA4172 PROPERTY DAMAGE $ AUTOS (Per accident) $ A X UMBRELLA LIAB X OCCUR CPP3668398 05/01/2015 05/01/2016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION$ $ B WORKERS COMPENSATION620608 05/01/2015 05/01/2016 X TORYTLIMITS ER H AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Idaho E.L.EACH ACCIDENT $100,000 OFFICER/MEMBER EXCLUDED? y N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE HOLDER CANCELLATION ANY OF City of Spokane Valley THE SHOULD EXPIRATIONHE E DATE VTHEREOF,DESCRIBED NOTICEIES WIBLL E CELLED BE CDELIVERED NE Attn:Craig Aldworth,P.E. ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave,Suite 106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE I -V e ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S727487/M713364 LINHA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage 2 2. Unintentional Failure to Disclose Hazards 7 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5, Medical Payments 9 6. Voluntary Property Damage(Coverage a.)and Care, Custody or Control Liability Coverage(Coverage b.) 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured-Specified Relationships: 10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property 14 11. Property Damage to Borrowed Equipment 14 12. Employees as Insureds -Specified Health Care Services: 14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable of in 1, Employee ee Benefit LiabilityCoverage ante in the limitayment of a. The following is added to SECTION 1 judgments or settle- - COVERAGES: Employee Benefit merits. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- merits. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negii- son for whose acts the in- gently committed in the sured is legally liable, to „ which this insurance ap- "administration of your plies. We will have the right employee benefit pro- and duty to defend the in- gram"; and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- suit. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE;and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 • i) Reports all, or formance of investment any part,of the vehicles;or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any9 g in- Advertising Injury sured is liable because of "property imposed on a fiduci- Bodily injury", ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mall- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment 1 Ad- vice Given With Respect (2) Termination of ern- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 • ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, re- (4) Consequential liability but only with q spect to their duties as as a result of(1), (2) or trustees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your "employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed. B also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced-by the following: ties under this Coverage Part (1) If you are designated in the (3) Any organization you newly ac- Declarations as: quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business, whichever is earlier,and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- sureds, but only with re- c. Limits of Insurance spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: � rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or omission, or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon (a) An act,error or omission;or notification of the action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, ne li entl committed in the As respects Employee Benefit Li- negligently i- g 9 Yability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". !TY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or Omission,or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- (a) Our obligation to pay dam- fled as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance 1 GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this method also. Under (2) Notify us as soon as practicable. this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surancegation or settlement of the claim to the total ap- plicable limits of insur- or defense against the "suit"; ance of all insurers. and (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organize- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply ance in force previous d. No insured will, except at that in- to the effective date of this Coverage Part sured's own cost, voluntarily make a payment, assume any obligation, or e, Additional Definitions incur any expense without our con- - sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- marybenefit programs"; except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or terminating any "em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' corr- in the "employee bene- pensation and disability fit program", benefits;and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll de- sence programs, in- ductions;or eluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- tationcoverage of insurance, subi and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' corn- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a"cafeteria plan"or otherwise: b. Any other alternative pro- a. Grouplife insurance; dispute resolution ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired. "Employee" in- bilityrequirements; eludes a "leased worker". q "Employee" does not in- b. Profit sharing plans, dude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex a. The last Subparagraph of Paragraph pensin; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or in- Exclusions c.throughdo not I secretions, , o9 q. apply sects, birds, ro- to damage by fire, explosion, light- dents or other Hing, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. redly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Paragraph 3.b.above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- ing,unless: a) Wear and tear; b) Rust, corrosion, 1) You did your best to maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: c) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 caused by or resulting 5. Medical Payments fromor ice,rain, snow,ersleet The Medical Expense Limit of AnyOne or whether driven P by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declare- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Coy- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault. you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lira- Exclusions,j. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3, Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement, therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B. Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance, 4.a. Bail Bonds Control Liability Coverage of this cover- of this endorsement for cost of bail agendorsement with respect to bonds required because of accidents These provided by this endorsement. and entnot or traffic law violations arising out of in limitsinare inclusive being nre- the use of any vehicle to which the pl addition to the limits Insurance re Bodily Injury Liability Coverage ap- shown. The LimitsBL of plies. We do not have to furnish shown in Section B. Limits of[nsur- bones, ance, 6. Voluntary Property Dam- theseage and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist i Insureds; us in the investigation or defense of (1) the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.11, Loss of Earnings of this en- (3) Persons or organizations mak- dorsement per day because of time ing claims or bringing"suits". off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fled Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION H-WHO IS AN INSURED: "occurrence" which are in ex- (1) Anyperson or organization cess of the deductible amount in Paragraphgde- stated9.aein Section B. Limits of Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Coy- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or t/ deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of nor Suit, applies to each claim or insurance showing that per- suit'irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence" or offense Subparagraph a. of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- would apply;and lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in- forded only until the 180th day after sured under any other pro- you acquire or form the organization vision of, or endorsement or the end of the policy period, added to, this Coverage Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because ofa ments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our nghts. apply to: At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 • you cease to be a ten- c) Any physical or ant in that premises. chemical change in the product 2) Structural alterations, made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured, solely for the pur- pose or organization of inspection, (b) Any persong demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s)are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in- sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a) "Bodily injury" or after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of.liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- age"When liabilityin- or "personal and b) advertising injury" ails- cluded within the ing out of operations 'products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability(d) Anystate orpolitical subdi- arising out of "your work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex issued a permit in connec piration date of this Cover- tion with premises you own, age Part. If there is no written contract or agree- thisrent or control and to which insurance applies: merit, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, (3) Any insurance provided to an manholes, marquees, additional insured designated hoist away openings, under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily sures;or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- acts-completed operations 1 vators;or hazard , 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spects any other insurance sured;or policy issued to the addi- tional insured, and such 2) The rendering of, or other insurance policy shall failure to render, any be excess and /or noncon- professional architec- tributing, whichever applies, tura!, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, I shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS,5. Other and specifications; Insurance, b. Excess and Insurance;or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an 3) "Your work"for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f) above only: Part,whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or if there is no written agreement between you contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in sure rice Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows: b. Include coverage for (1) Condition 5, Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; insurance is primary and / and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with Its permission. Page 13 of 15 • • tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs Insureds; 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does ance, 11. of this endorse- not specify which edition, or ment. The limits of insur- specifies an edition that ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of duthe a le amount. this endorsement shall not apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- PIY. Tense, Claim or Suit, ap- 10. Broadened Contractual Liability-Work plies to each claim or "suit" Within 50'of Railroad Property Irrespective of the amount. It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all effect Definition 12. "Insured contract" (SEC- the deductible amount to TION V-DEFINITIONS)is deleted. settlement of any claim or "suit" and, upon 11, Property Damage to Borrowed Equip. notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION l - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "em- ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed: b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians; or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV - COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent • the"occurrence"or offense. possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the"occurrence" or offense is known currence"or offense took place; to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: CPP3668398 Named Insured: Strata,Inc. Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: CPP3668398 Named Insured: Strata,Inc. Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage"arising out of the operation of a covered "auto" when you have assumed TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury"or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the"in- against any person or organization because sured contract". AA 4172 09 09 0220-Houk-Sinto-Maxwell St Preservation All Activity as of Jun 24 2015 Pro ectfT lif Prior- � t O gma ! Acl used eft 4014 2015 7o D fAvafla`b e 'REVENUE-.3S 18u gel „ 1,1.3_,.1-1 det :Actuall rAft-iii Ada) Actuall ?EnciAleier!$ ?F nd i 0397.3010 301 18,473.00 0.00 0.00 0.00 0.00 0.00 18,473.00 0397.3110 311 316,965.00 309,640.00 0.00 0.00 0.00 0.00 0.00 309,640.00 0397.4020 402 99,234.00 0.00 0.00 0.00 0.00 0.00 99,234.00 Total Revenue 316,965.00 427,347.00 0.00. ;0.00 0.00 0.00. c .-0.06 41i,147.00 Orlg`ina 1 iu'Fe 7f'ty, f20y o5i ''i3f`S- _ _-TA%raalla�lile EXP.ENDr�URESi jB--Wein i c Ardid 6Ye5rss Atua'1 Actd"efl o Dale ^w hereiF'unias Preliminary Engineering 311.000.220.595.10.10.00 Salaries&Wages 9,000.00 13,000.00 0.00 0.00 13,781.03 13,781.03 0.00 -781.03 311.000.220.595.10.10.99 Overtime 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.20.00 Employee Benefits 1,750.00 4,500.00 0.00 0.00 4,310.53 4,310.53 0.00 189.47 311.000.220.595.10.20.99 Employee Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.41.02 Engineering&Architectural 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.41.06 Prof.Svcs-Survey 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.41.07 Prof.Svcs.-Geotech 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.41.17 Advertising 1,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.10.43.01 Travel/Mileage 0.00 0.00 0.00 0.00 20.70 20.70 0.00 -20.70 311.000.220.595.10.49.03 Printing&Binding 1,000.00 500.00 0.00 0.00 0.00 0.00 0.00 500.00 311.000.220.595.10.49.06 Miscellaneous Services 0.00 0.00 0.00 0.00 54.35 54.35 0.00 -54.35 311.000.220.595.10.99.99 PE Contingency 1,250.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Prelim.Engineering 15,000.00 18,000.00 0.00 0.00 18,166.61 18,166.61 0.00 -166.61 Right of Way No Transactions Recorded tl 0 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Right of Way 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Construction 311.000.220.595.30.10.00 Salaries&Wages 5,000.00 8,000.00 0.00 0.00 0.00 0.00 0.00 8,000.00 311.000.220.595.30.10.99 Overtime 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.30.20.00 Employee Benefits 1,750.00 2,750.00 0.00 0.00 0.00 0.00 0.00 2,750.00 311.000.220.595.30.20.99 Employee Benefits 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.30.41.08 Prof.Svcs.Mat.Testing 4,000.00 8,000.00 0.00 0.00 0.00 0.00 0.00 8,000.00 311.000.220.595.30.41.10 Prof.Svcs.-Consulting 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.30.41.17 Advertising 1,690.00 0.00 0.00 0.00 737.26 737.26 0.00 -737.26 311.000.220.595.30.49.03 Printing&Binding 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 311.000.220.595.30.63.00 Construction 280,500.00 237,295.00 0.00 0.00 0.00 0.00 0.00 237,295.00 311.000.220.595.30.99.99 CN Contingency 9,025.00 35,595.00 0.00 0.00 0.00 0.00 0.00 35,595.00 Total Construction 301,965.00 291,640.00 0.00 0.00 737.26 737.26 0.00 290,902.74 Other Construction 303.000.220.595.30.63.00 Construction 16,063.00 0.00 0.00 0.00 0.00 0.00 16,063.00 303.000.220.595.30.99.99 CN Contingency 2,410.00 0.00 0.00 0.00 0.00 0.00 2,410.00 402.000.220.595.40.63.00 Construction-Drainage 86,290.00 0.00 0.00 0.00 0.00 0.00 86,290.00 402.000.220.595.40.99.99 CN Contingency 12,944.00 0.00 0.00 0.00 0.00 0.00 12,944.00 Total Other Construction 0.00 117,707.00 0.00 0.00 0.00 0.00 0.00 117,707.00 fag-Erg '.-316,965:00 427,347.00 ?. --Edo-:'-1----6:06-- 18,903.87 M` .18,903.87_ x-:0.00:408,44313