Loading...
09-059.00 Coffman Engineers: Energy Efficiency & Conservation Block Grant DevelopmentAGREEMENT FOR PROFESSIONAL SERVICES Coffman Engineers, Inc Contract Number 09 -032 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Coffman Engineers, 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 The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services dated April 27, 2009 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 Work, schedule and date of completion Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement B Re2resentations The City has relied upon the qualifications of the 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 Work No substitutions of agreed upon personnel shall be made without the written consent of the City 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 Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable The 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 The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation 2 Term of Contract This agreement shall be in hull force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met Either party may terminate this agreement by ten days written notice to the other party In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date 3 Compensation The City agrees to pay the Consultant based on actual hourly time and expenses, not to exceed $ 18,900 as compensation, for everything done under this agreement 4 Payment The Consultant shall be paid monthly upon presentation of an invoice to the City Agreement for Pmfessional Services Page 1 of 5 C09 -059 Applications for payment shall be sent to the City Clerk at the below stated address The City reserves the right to withhold payment under this agreement which is determined in the reasonable ,judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards 5 Notice Notice shall be given in writing as follows TO THE CITY TO THE CONSULTANT Name Chnstme Bainbridge, City Clerk Phone Number (509)921 -1000 Address 11707 East Sprague Ave, Suite Spokane Valley, WA 99206 Name Coffman Engineers, Inc Phone Number 509- 328 -2994 106 Address 10 North Post Street, Suite 500 Spokane, WA 99201 6 Applicable Laws and Standards The parties, in the performance offts agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations 7 Relationship of the Parties It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant Any and all employees who provide services to the City under tivs agreement shall be deemed employees solely of the 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 8 Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42 56 or other applicable public record laws 9 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 the Consultant's records with respect to all matters covered in this contract Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by tlus contract for a period of three years from the date final payment is made hereunder 10 Insurance The Consultant shall procure and maintain for the duration of the agreement, insurance against claim for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity A Minimum Scope of Insurance Consultant shall obtain insurance of the types described below 1 Automobile Liability insurance covering all owned, non - owned, hired and leased velucles Coverage shall be written on Insurance Services Office (ISO) form Agreement for Professional Services Page 2 of 5 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 i n jury and advertising injury The City shall be named as an insured under the 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 the Consultant's profession B Minimum Amounts of Insurance Consultant shall maintain the following insurance limits 1 Automobile Liability insurance with a minimum combined single lint for bodily i n jury 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 The Consultant's insurance coverage shall be primary insurance as respect the City Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it 2 Cancellation of Consultant's insurance shall be governed by either a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation D 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 contract, the Consultant shall finish acceptable insurance certificates to the City at the time the Consultant returns the signed contract The certificate shall specify all of the parties who Agreement for Professional Services Page 3 of 5 are additional insureds, and will include applicable policy endorsements, and the deduction or retention level Insuring companies or entities are subject to City acceptance If requested, complete copies of insurance policies shall be provided to the City The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance 11 Indemnification and Hold Harmless The Consultant shall defend, mdemnnfy and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, mjunes, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City Should a court of competent junsdncthon determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arnsmg out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent ofthe Consultant's negligence It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification This waiver has been mutually negotiated by the parties The provisions of this section shall survive the expiration or termination of the agreement 12 Waiver No officer, employee, agent or other individual acting on behalf ofeither party has the power, right or authority to waive any ofthe conditions or provisions ofthns agreement No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law Failure of either party to enforce at any tame 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 13 Assignment and Delegation Neither party shall assign, transfer or delegate any or all ofthe responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party 14 Subcontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any ofthe work contemplated under tins agreement without obtaining prior written approval of the City 15 Confidentiality Consultant may, from time to tune, receive information which is deemed by the City to be confidential Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction 16 Jurisdiction and Venue This agreement is entered into in Spokane County, Washington Venue shall be in Spokane County, State of Washington 17 Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement Agreement for Professional Services Page 4 of 5 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severability If any section, sentence, clause or phrase ofthis 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. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of services dated April 27, 2009 2. Insurance Certificates IN W NESS WHEREOF, the parties have executed this agreement this day of 2009. CIT /w Y OF > SPO NE VALLEY: Uy David Mercier, City Manager Consultant: Owner Tax ID No. , , REDACT _ ATTE APPROVED AS TO FORM: Ail J4 J hristine Bainb idge, City Clerk Office of t1q City AttoTeey This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services Page 5 of 5 9FFMAN INEERS April 27, 2009 Mr Neil Kersten Public Works Director 11707 E Sprague Ave, Ste 106 City of Spokane Valley, WA 99206 Project Recovery Act - Energy Efficiency and Conservation Block Grant ( EECBG) Formula Grants # DE FOA -000013 Spokane Valley, WA Subject Proposal for Professional Engineering Services Dear Mr Kersten Structural Mechanical Electrical Civil Corrosion Control Program and Construction Management Per our meeting and subsequent phone conversations, Coffman Engineers, Inc would like to thank you for the opportunity to assist the City of Spokane Valley (COSV) in developing and unplementmg the requirements of the EECBG program. Coffman Engineers, Inc is pleased to submit this proposal for civil, mechanical and electrical engineering services to assist the City of Spokane Valley in developing a strategic plan and applymg for the EECBG $823,000 formula grant Our proposal is based on the project criteria as we understand it, the scope of services and deliverables, and assumptions made as described in the following sections of this proposal BACKGROUND Coffman Engineers has researched the requirements for developing a strategic plan (project eligibility) and application requirements for this program as described in the Financial Assistance Funding Opportunity Announcement (Attachment D for Local Governments) We have also reviewed the COSV's preliminary energy grant project ideas lists as provided by email Based upon the research we have made on the EECBG website and through attendance in the EECBG National webmar held on April 14 2009, Coffman is prepared to assist the City in developing a final strategic plan, assisting in the final funding apphcation/approval process, and providing engineering services to implement several of the strategies (as determined and assigned by the COSV) In preparation of this opportunity, Coffman Engineers has already completed the pre - application process (steps 1 through 3) as required under the EECBG Program and is prepared to directly assist the City in completing the same requirements if necessary PROJECT APPROACH/SCOPE OF WORK The project approach is a phased program to assist in the steps necessary for the COSV to successfully develop a strategic plan, apply for funding, obtain funding approval, and implement the identified energy efficient programs /projects as assigned We recognize that the City has already completed some preliminary efforts such as green LED signal head replacement and signal lighting replacement We 10 N Post Street, Suite 500 Anchorage, Alaska Los Angeles, California Seattle Washington Spokane, Washington 99201 907 276 6664 818 285 2650 206 623 0717 509 328 2994 - fax 509 328 2999 vrwwcoffman com Neil Kersten City of Spokane Valley April 27, 2009 Page 2 also understand that in some areas the City will be completing significant parts of the work effort We will coordinate and incorporate the City's efforts and work into the final strategic plan Phase 1 The first step is to assist the City in fully understanding and keeping up with the changing requirements and criteria of this new Recovery Act Program This includes additional research regarding protect eligibility as part of the strategic plan development and obtaining all material necessary for the preparation of the EECBG grant application, due June 25, 2009 Phase 2 The second step is to meet with appropriate City stafflagencies (anticipate 2 meetings with the City of Spokane Valley) to assist in the development and review of all current and additional energy efficient ideas, programs, or projects eligible under this program (including development of prelimmary cost estimates for each strategy in coordination with City staff) Out team of energy experts are available to assist in this effort as necessary The goal is for Coffman Engineers to quickly develop a final coordinated list of alternatives (draft strategic plan) for the City to take out for public review Additionally, development of the draft strategic plan will include identification of potential outside agency partnerships and/or matching funds /grants /incentives available for tins effort with Avista and Bonneville Power Administration Phase 3 The third step is to assist the City in holding a public open house to gam required citizen feedback on the priority of strategies /alternatives In coordination with City staff, the draft strategic plan will be updated by Coffman Engineers based upon citizen input Final selection of alternatives for inclusion in the plan will include consideration of the grant funds and matching funds available Phase 4 The fourth step is for Coffman Engineers to complete the full grant application package by June 25, 2009 as outlined at www grants gov This includes preliminary budget level project cost estimating assistance as necessary in coordination with City staff We assume approval to submit the final application may require city council approval before the June 25 deadline (Tuesday June 23, 2009) It is our understanding it will take up to 60 days once certified as a complete application to obtain final approval for this grant by the U S Department of Energy (DOE) Phase 5 Finally, unplementation/assignment of projects to Coffman Engineers will be determined after grant approval is received Development of the strategic plan and funding application will be governed by the requirements of the EECBG Program and the Office of Weathenzation and Intergovernmental Programs in the Office of Energy Efficiency and renewable Energy of the U.S. Department of Energy (DOE) requirements SCHEDULE It is imperative that the approval to begin work be given as soon as possible to meet the June 25` 2009 application deadline The following represents a rough timeline for completion of each phase, dependant upon official notice to proceed 1 Notice to Proceed April 28 t ', 2009 2 Phase 1 Ongoing 3 Phase 2 May 19 2009 Neil Kersten City of Spokane Valley April 27, 2009 Page 3 4 Phase 3 5 Phase 4 ADDITIONAL SERVICES June 12' June 23rd, 2009 The following services are not included under Basic Services and will be considered Additional Services to the Agreement 1 ADDITIONAL MEETINGS Additional meetings required beyond those described in basic services above will be considered additional service 2 POWER AGENCY COORDINATION Coordination on potential energy incentives with agencies other than Avista Corporation and/or Bonneville Power Administration (BPA) 3 DETAILED COST ESTIMATING Detailed estimates of probable construction cost requiring take- offs are not included in basic services Cost projections beyond those listed under basic services will be considered an additional service 4 ENERGY STUDIES AND LIFE CYCLE COST ANALYSIS Detailed computer modeling, energy (consumption) studies, and life cycle cost analysis We will include preliminary evaluation of mechanical system(s) for purposes of completing the application Complex features and/or analysis, including but not limited to variable air volume hood exhaust and heat recovery, will be studied and designed as an additional service upon request or covered in phase 5 work under separate contract It is acknowledged that such features often involve systems that require a much greater amount of engineering than do conventional mechanical systems DELIVERABLES Draft Strategic Plan — electronic and one hard copy (Word format) Final Strategic Plan — electronic and one hard copy (Word format) Final Grant Application Package — electronic and one hard copy (format tbd) OWNER FURNISHED ITEMS The City will provide and lead the following efforts 1 Coordinate and set up meeting(s) for Phase 2 activities with appropriate City staff 2 Initiate contact, coordinate, and develop final agreements with outside agencies as identified during Phase 2 activities (Coffman will lead this effort in terms of grant incentives in regard to Avista and Bonneville Power Administration (BPA) only) 3 Lead the effort, set the date & time, find facility, provide public notice /advertising/materials, and attend public open house 4 Perform energy /efficiency saving calculations for all alternatives identified with the exception of buildings and parking lot lighting as provided by Coffman Engineers Neil Kersten City of Spokane Valley April 27, 2009 Page 4 ENGINEERING FEES Coffman Engineers proposes to perform the scope of services outlined in this proposal (Phases 1- 4) on an hourly time and expense basis for a fee not to exceed $18,900 We will not exceed this fee without prior approval and a corresponding change of scope agreement from the City of Spokane Valley Phase 1 th ru 4 $ 18,700 Expense Allowance $ 200 TOTAL: $18,900 Phase 5 $ tbd REIMBURSABLE EXPENSES Reimbursable Expenses are services not included in our Basic Services fee above Reimbursable Expenses will be paid for based upon actual cost An allowance of $200 has been set up for this project and is included above Thank you for this opportunity to be of service to you If this meets with your approval, please sign and return one copy for our files Please call if you have any questions Sincerely, COFFMAN ENGINEERS, INC o' < Tom Arnold, P E Principal da, Enclosure 2009 Hourly Rate Schedule Agreement for Professional Services This proposal is acceptable to the CITY OF SPOKANE VALLEY Authorized Signature Date DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Schedule of Hourly Billing Rates contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). 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. � INEERS AGREEMENT FOR PROFESSIONAL SERVICES 10 North Post Street, Suite 500 Attachment to and part of Proposal Spokane, Washington 99201 Dated- April 24, 2009 (509) 328 -2994 To: Neil Kersten FAX (509) 328 -2999 Project. Recovery Act — EECBG Formula Grant - COSV 1 PROFESSIONAL SERVICES BY STAFF AND OFMCERS Unless otherwise noted in the agreement, fees for services are based on the time expended on the project, including travel time, by professional, technical, and clerical personnel, and will be computed using our standard billing rate schedule 2. REIMBURSABLE EXPENSES Expenses other than salary costs that are directly attributable to our professional services are invoiced as described on our reimbursable schedule, or if not fisted, at our cost plus 10% Examples of these expenses include but are not limited to out of town travel expenses, long distance telephone charges, postal and shipping charges, use of personal and rental cars, job related supplies, and blue printing and reproduction costs 3 SERVICES BY OTHERS When considered necessary, other firms or consultants may be utilized with your approval The cost of services of other consultants or firms will be marked up 10% (or as otherwise agreed in writing) to cover taxes and other overhead type expenses, and will be included in our invoice 4 PAYMENTS Invoices will be submitted monthly for prior services Payment will be due upon receipt of invoice An account will become delinquent thirty days after date of billing It is agreed that a late charge will be added to delinquent accounts at the rate of one percent (I %) for each thirty days delinquent (provided the rate of such late charge shall not exceed the maximum allowable by the laws of the state In which our office submitting the invoice is located) If you fail to make payments to us within 30 days of receipt of invoice, we may, after giving seven days written notice to you, suspend services 5 OTHER PROVISIONS Neither party shall hold other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the reasonable control of the other or the other's employees and agents It is understood and agreed that we have not been retained or compensated to provide design and construction review services relating to the safety precautions of any contractor or subcontractor who may work on the project and that we will not be providing such services. An opinion of construction cost prepared by us represents our judgment as a design professional and is supplied for your general guidance Since we have no control over the cost of labor and material, or over competitive bidding or market conditions, we do not guarantee the accuracy of our opinion as compared to contractor bids of actual cost to the project 6 OWNERSHIP OF DOCUMENTS All reports, field data, field notes, test data, calculations, drawings and specifications, estimates, CAD drawing files, and other documents prepared by us, as instruments of service, shall remain our property It is understood by you that any design produced as a result of these professional seances is for a specific project and unique set of design criteria, and you agree and understand that any such design will not be used as a prototype in the future without a new engineering evaluation 7 GENERAL UABILITY AND LIMITATION THEREOF We agree to hold you harmless and to Indemnity and defend you on account of any liability due to bodily injury or property damage arising directly out of our negligent operational acts, but such hold harmless and indemnity will be limited to that covered by our comprehensive or professional office package general liability insurance and not otherwise We carry comprehensive or professional office package general liability Insurance, which, subject to its limits, terms and conditions, provides protection against liability arising out of bodily injury and property damage that is the direct result of our operational negligence At your request, we will provide certificates evidencing such coverage and will purchase additional limits of liability that you may require as a separate cost item to be bome by you 8 PROFESSIONAL LIABILITY AND UMITATiON THEREOF This paragraph relates only to Professional Uabildy and not to General Uability Should we or any of our agents or employees be found to have been negligent in the performance of professional services from which you sustain damages, you will agree to limit your recoverable damages from such liability, plus any claims for cost of defense or other incurred costs to an aggregate amount not to exceed $1 Million dollars or our fee, whichever amount is greater In the event that you are unwilling or unable to limit our professional liability to these sums, we will waive this limitation upon written request, provided that you agree to pay for this waiver N you do not exercise your written option as set forth above at the time you accept this agreement for professional services, it is agreed that you accept the $1 Million dollars limitation set forth in this paragraph 9 STANDARD OF CARE Services performed by us under this Agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions No other warranty, express or implied is made 10 HAZARDOUS SUBSTANCES (ASBESTOS & TOXIC CHEMICALS) It is understood and agreed that in seeking the professional services of COFFMAN ENGINEERS under this agreement, you may be requesting COFFMAN ENGINEERS to undertake obligations for the clients benefit involving the presence or potential presence of hazardous substances Therefore, you agree to hold harmless, indemnify, and defend COFFMAN ENGINEERS from and against any and all claims losses, damages, liability, and costs, including but not limited to costs of defense, arising out of or in any way connected with the presence, discharge, release, or escape of contaminants of any kind, excepting only such liability as may arise out of the sole negligence of COFFMAN ENGINEERS in the performance of services under this agreement 11 TERMINATION This agreement may be terminated by either party by seven days written notice in event of substantial failure to perform in accordance with the terms of the agreement by the other party through no fault of the terminating party If this agreement Is terminated, it is agreed that we shall be paid for services performed to the termination notice date, including reimbursable expenses due, plus termination expenses 12 MEDIATION In an effort to resolve any conflicts that arise during or following the completion of the project, you and COFFMAN ENGINEERS agree that all disputes between them arising out of or relating to this agreement shall be submitted to nonbinding mediation unless the parties mutually agree otherwise, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements Page 1 of 1 CNA G- 17957 -G (Ed 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.1. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS - COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement Is not affected by an entry or lack of entry In the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional Insured on this policy under a written contract or written agreement, but the written contract or written agreement must be 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less These Limits of Insurance are inclusive of, and not In addition to, the Limits of Insurance shown in the Declarations 1. Currently In effect or becoming effective during the term of this policy, and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury" B. The insurance provided to the additional insured is limited as follows 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which Is the subject of the written contract or written agreement No coverage applies to liability resulting from the sole negligence of the additional insured 3. The coverage provided to the additional Insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily Injury" or "property damage" arising out of the "products - completed operations hazard" unless required by the written contract or written agreement When coverage does apply to "bodily Injury" or "property damage" arising out of the "products- completed operations hazard" such coverage will not apply beyond, a. The period of time required by the written contract or written agreement, or G- 17957 -G Page 1 of 2 (Ed 01/01) G- 17957 -G (Ed 01/01) b 5 years from the completion of "your work" on the project which Is the subject of the written contract or written agreement, whichever is less 4. The insurance provided to the additional Insured does not apply to "bodily injury," "property damage," or "personal and advertising Injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services Including a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications, and b. Supervisory, or Inspection activities performed as part of any related architectural or engineering activities C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition e. An additional insured under this endorsement will as soon as practicable (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance, (2) Tender the defense and indemnity of any claim or "sulf to any other insurer which also has Insurance for a loss we cover under this Coverage Part, and (3) Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part L We have no duty to defend or Indemnify an additional Insured under this endorsement until we receive written notice of a claim or "sult" from the additional insured 2. Paragraph 4.b. of the Other Insurance Condition Is deleted and replaced with the following 4. Other Insurance b. Excess Insurance This Insurance is excess over any other Insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this Insurance be either primary or primary and noncontributing G- 17957 -G (Ed 01/01) Page 2 of 2 POLICY NUMBER CS 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement moose Insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Orpniaatlon: ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE Ifs WMINO TO WAIVE FOUR RIGHT TO RECOVER AGAINST TRW • YOU M[rST AGREE TO TSIB WAIVER PRIOR To THE DATE OF LOSS (if no entry appears a ov e required to complete this endorsement will be shown in the Declarations as applicable to this en The TRANSFER OF RIGHTS OF RECOVERY AGAINST because of payrnertts we make for injury or damage arising OTHERS TO US Condition (Section IV - COMMERCIAL Out of your ongoing operations or "your work° done under a GENERAL LIABILITY CONDITIONS) Is amended by the contract with that person or organization and Included In the addition of the following "products - completed operations hazard " This waiver applies Only to the person or organization shown In the We waive arty right of recovery we may have against the Schedule above parson or Organization shown In the Schedule above 0 t� s 00 24 0410 93 Copyright Insurance Services Office, Ina ,1992 ACORD CERTIFICATE OF LIABILITY INSURANCE DA �5/0/0 1/09 PRODUCER CAL# 0531007 Wells Far o Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services Northwest Inc HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P O Box 91143 LIMITS Seattle, WA 98111 -9243 INSURERS AFFORDING COVERAGE INSURED Coffman Engineers, Inc 10 N Post Street, Suite 500 Spokane WA 99201 -0000 INSURER A. Valley Fore Insurance Co INSURER B Continental Casualty Comp INSURER C Lexington Insurance Compan INSURER D FIRE DAMAGE (Any one fire) INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER I LIMITS rA GENERAL LIABILITY 1082235578 1/31/09 11 /30/09 EACH OCCURRENCE S 1000000 FIRE DAMAGE (Any one fire) $ 300000 X COMMERCIAL GENERAL LIABILITY MED EXP (Any one person) $ 5000 CLAIMS MADE FX OCCUR PERSONAL & ADV INJURY S 1000000 X Stop Gap GENERAL AGGREGATE $ 2000000 L AGGREGATE LIMIT APPLIES PER PRODUCTS COMP /OP AGG $ 2000000 [ G EN X POLICY P T LOC B AUTOMOBILE LIABILITY X ANY AUTO 2082852003 1/31/09 11 /30/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 BODILY INJURY (Per p ion) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY EA ACCIDENT S OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR 17-� CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND TORY MS ER E L EACH ACCIDENT $ EMPLOYERS LIABILITY EL DISEASE EA EMPLOYEE $ EL DISEASE POLICY LIMIT $ C OTHER 7879788 11/30/08 11/30/09 Professional $1 000 000 Per Claim Liability $1,000,000 Aggregate DESCRIPTION OF OPERATIONS /LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE EECBG FORMULA GRANT, CONTRACT NUMBER 09 032 CITY OF SPOKANE VALLEY IS PRIMARY AND NON CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION UNDER GENERAL LIABILITY AS RESPECTS OPERATIONS OF THE NAMED INSURED PER ATTACHED ENDORSEMENTS DJT GtK 111 I t NULUtK I I ADDITIONAL INSURED INSURER LETTER UANUC.LLA I IUN City of Spokane Valley Attn Christine Bainbridge 11707 E Sprague Ave , Ste 106 Spokane Valley, WA 99206 ACORD 25 -S (7/97) 11-41 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR REPRESENTATIVES O ACORD CORPORATION 1988 IMPORTANT if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25 S (7/97) Verify Workers' C - Premium Status - Employer Liability Certificate Washington State Department of STAr Labor and Industries�� y ' s Department of Labor and Industries Employer Liability Certificate Date: 05/06/2009 UBI #: 600 310 893 Legal Business Name: COFFMAN ENGINEERS INC Account #: 404,229 -00 'Doing Business As' Name: COFFMAN ENGINEERS INC Page 1 of 1 Employer Liability Certificate Estimated Workers Reported: Quarter 1 of Year 2009 "Greater than 100 Workers" (See Description Below) Workers' Comp Premium Status: Account is current. Firm has voluntarily reported and paid their premiums. Licensed Contractor? No Account Representative: T7 / ROBERT SCRIBNER (360)902 -4679 - Email: SCRR235 @lni.wa.gov What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See R CW 51.12.050 and 51.16.190). https: // fortress. wa. gov/ lni/ crpsi /AcctlnfoPrint.aspx ?Accountld= 40422900 &AccountManage... 5/6/2009 ACORD CER` ` - t % F`ICATE OF LIABILITY INSURANCE 1 DATe /O1 /09 PRODUCER CAL# 0531007 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wells Fargo Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services Northwest, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 91 143 Seattle, WA 98111-9243 INSURERS AFFORDING COVERAGE F INSURED Coffman Engineers, Inc. 10 N Post Street, Suite 500 Spokane WA 99201 -0000 INSURER A Valley Forge Insurance CO. INSURER B Continental Casualty Comp INSURER C: Lexington Insurance Comp INSURER D: POLICY EFFECTIVE T /D INSURER E: I LIMITS C_C)VFRAr;FS THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE T /D POLICY EXPIRATION / / Y I LIMITS A GENERAL LIABILITY 1082235578 1/31/09 1 1 /30/09 EACH OCCURRENCE $ 1000000 FIRE DAMAGE (Any one fire) $ 300000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE FX1 OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 100 X Stop Gap GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $ 2000000 X POLICY PRO- LOC JECT B AUTOMOBILE LIABILITY ANY AUTO 2082852003 1/31/09 1 1 /30/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Per accident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT S EA ACC OTHER THAN $ ANY AUTO $ AUTO ONLY: AGO EXCESS UABIUTY EACH OCCURRENCE $ OCCUR ❑ CLAIMS MADE AGGREGATE $ S $ DEDUCTIBLE $ RETENTION S WORKERS COMPENSATION AND WC STATU OTH- TO LI MITS ER EMPLOYERS' LIABILIrY E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ C OTHER 7879788 11/30/08 1 1 /30/09 Professional $1,000,000 Per Claim Liability $1 A re ate DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS RE: EECBG FORMULA GRANT, CONTRACT NUMBER 09 -032. CITY OF SPOKANE VALLEY IS PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION UNDER GENERAL LIABILITY AS RESPECTS OPERATIONS OF THE NAMED INSURED PER ATTACHED ENDORSEMENTS. DJT CERTIFICATE HOLDER I I ADDITIONAL INSURED; INSURER LETTER City of Spokane Valley Attn: Christine Bainbridge 11707 E Sprague Ave., Ste 106 Spokane Valley, WA 99206 ACORD 25 -S (7/97) 11-41 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHdRIZED REPRESENT4TT7h ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (7/97) CNA G-1 7957-G (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C.I. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS- COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS- COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization, including any person or organization shown in the schedule above, (called additional insured) whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage," or "personal and advertising injury". B. The insurance provided to the additional insured is limited as follows; 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section 1) do not apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or G-1 7957-G (Ed. 01/01) Page 1 of 2 G-1 7957-G (Ed. 01/01) b. 5 years from the completion of "your work" on the project which is the subject of the written contract or written agreement, (1) Give written notice of an occurrence or an offense to us which may result in a claim or "suit" under this insurance; whichever is less. 4. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties In The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional insured under this endorsement will as soon as practicable: (2) Tender the defense and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. f. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit"'from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing. G-1 7957-G (Ed. 01/01) Page 2 of 2 POLICY NUMBER: CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH VIHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR To THE DATE OF LOSS. (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) Z he TRANSFER OF RIGHTS OF RECOVERY AGAINST because of payments we make for injury or damage arising OTHERS TO US Condition (Section IN - COMMERCIAL out of your ongoing operations or "your work" done under a GENERAL LIABILITY CONDITIONS) Is amended by the contract with that person or organization and included In the addition of the following: "products - completed operations hazard " Thls waiver applies only to the person or organization shown in the We waive any right of recovery we may have against the Schedule above person or organizatlon shown In the Schedule above m CG 24 04 10 93 Copyright, Insurance Services Office, Inc , 1992 3 U RAN C E DATE (MM / Y) 11/30/2010 2010 1 RIGHTS UPON THE CERTIFICATE HOLDER. THIS 2 THE COVERAGE AFFORDED BY THE POLICIES =TWEEN THE ISSUING INSURER(S), AUTHORIZED Indorsed. If SUBROGATION IS WAIVED, subject to ment on this certificate does not confer rights to the SUBR FAX A/C No): MM DD COF43302 RER S AFFORDING COVERAGE NAIC # I Fire Insurance Company of Hartford 20478 Intal Casualty Company 20443 Dn Insurance Company 19437 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 REVISION N UMBER: See below THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM DD MM / DNWY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR X W A Stop Gap 1082235578 11/30/10 11/30/11 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 X Contractual Liability GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC JEC PRODUCTS - COMP /OP AGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY-AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 2082852,003 11/30/10 11/30/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RE TENTION_ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below $ N / A - - - 'v bTAiii- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ C Professional Liability and Pollution Liability 013001506 11/30/10 11/30/11 $1,000,000 Per Claim $1,000,000. Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: EECBG FORMULA GRANT, CONTRACT NUMBER 09 -032. CITY OF SPOKANE VALLEY IS PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION UNDER GENERAL LIABILITY AS RESPECTS OPERATIONS OF THE NAMED INSURED PER ATTACHED ENDORSEMENTS. DJT . 17GND1 §1M0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Christine Bainbridge 11707 E Sprague Ave., Ste 156 AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 e— ,4,,,,r,. ACORD 25 (2009109) © 1988 -2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 10�2235578 CAA G- 134802 -B (Ed. 06/01) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NONCONTRACTOR'S ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. WHO IS AN INSURED (Sw*m N) is amended to Include as an insured any person or organization (called additional insured) described in paragraphs A.1. through A.7. below whom you are required to add as an additional Insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; or 2. Executed prior to the °bodily Injury, "property damage" or "personal Injury and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: 2. ADDiITIONAL INSURED - CONTROLLING INTEREST Any persons or organizations with a. controlling Interest in you but only with respect to their liability arising out of: (a) Their financial control of you; or (b) Premises they own, maintain or control while you leasee or occupy these premises. This insurance does not apply to structural alterations, now construction and demolition operations performed by or for such additional Insured. 3. ADDITIONAL INSURED - MANAGERS OR LESSORS OF iPREI1SSES A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and- subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence' which takes place after you cease to be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 4. ADDITIONAL INSURED - MORTGAGEE. ASSONEE OR RECEIVER A mortgagee, assignee or receiver but only with respect to their liability as rj*tgagse, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alferations.- now..--construction --or-- demolition - operations performed by or for such additional insured. S. ADDITIONAL INSURED - OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to G- 134802 -B Page 1 of 2 (Ed. 06101) 1. ADDITIONAL INSURED - ' STATE OR POLITICAL SUBDIVISIONS - PERMITS - A state or political subdivision subject to the following provisions: (a) This insurance applies only with respect to the following hazards for which the state or political subdivision has Issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway opei�i< , side s:k vaults, street banne,-s, or decorations and similar exposures; or a>E (2) The construction, erection, or removal of elevators; or s _ (3) The owner8hIP,7maintenance; or" use of any elevators covered by this insurance. (b) This insurance applies only with respect to operations performed by you or on your behalf ME for which the state or political subdivision has : issued a permit. This insurance does not apply to "bodily injury,' - "property damage' or "personal and advertising Injury arising out of operations performed for the state or municipality. 2. ADDiITIONAL INSURED - CONTROLLING INTEREST Any persons or organizations with a. controlling Interest in you but only with respect to their liability arising out of: (a) Their financial control of you; or (b) Premises they own, maintain or control while you leasee or occupy these premises. This insurance does not apply to structural alterations, now construction and demolition operations performed by or for such additional Insured. 3. ADDITIONAL INSURED - MANAGERS OR LESSORS OF iPREI1SSES A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and- subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence' which takes place after you cease to be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 4. ADDITIONAL INSURED - MORTGAGEE. ASSONEE OR RECEIVER A mortgagee, assignee or receiver but only with respect to their liability as rj*tgagse, assignee, or receiver and arising out of the ownership, maintenance, or use of a premises by you. This insurance does not apply to structural alferations.- now..--construction --or-- demolition - operations performed by or for such additional insured. S. ADDITIONAL INSURED - OWNERS OR OTHER INTERESTS FROM WHOM LAND HAS BEEN LEASED An owner or other interest from whom land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to G- 134802 -B Page 1 of 2 (Ed. 06101) you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 6. ADDITIONAL INSURED — CO-OWNER OF INSURED PREMISES A co -owner of a premises co -owned by you and covered under this insurance but only with respect to the co-c iwnsrs liability as co -owner of such premises. 7. ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of tie maintenance, operation or use by you of equipment leased to you by such person or organization. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. G- 134802 -B (Ed. 06/01) G- 134802 -B (Ed. 06/01) With respect to the Insurance afforded these additional insureds, the following additional exclusions apply: This insurance does not apply: (a) To any "occurrence" which takes 'place after the equipment lease expires; or .... (b) To "bodily Injury' or "property damage" arising out of the sole negligence of such additional Insured. Any Insurance provided to an additional Insured designated under paragraphs A.I. through A.7. above does not apply to "bodily injury" or "property damage" included within the 'products - completed operations hazard." S. As raspy the covermgs provided under . this endorsement, Paragraph '4.b SECTION IV — COMMERCIAL GENERAL LIA 31111M CONDITIONS Is deleted and replaced with the following: 4. Othw Insurance b. Excess Insurance This Insurance is excess over any other. insurance naming the additional Insured as an Insured whether primary, excess, contingent or on any other basis unless a written contract or.vAminw-ear ep__cit requi that . -- -- this insurance be either primary or primary and noncontributing. Page 2 of 2 G- 17957 -G (Ed. 01/01) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH CA. OF THIS ENDORSEMENT FOR THESE DUTIES. ALSO, THIS ENDORSEMENT CHANGES THE CONTRACTUAL LIABILITY COVERAGE WITH RESPECTS TO THE "BODILY INJURY" OR "PROPERTY DAMAGE" ARISING OUT OF THE "PRODUCTS - COMPLETED OPERATIONS HAZARD ". SEE PARAGRAPH B.3. OF THIS ENDORSEMENT FOR THIS COVERAGE CHANGE, THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S SCHEDULED AND BLANKET ADDITIONAL INSURED ENDORSEMENT WITH LIMITED PRODUCTS - COMPLETED OPERATIONS COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Designated Project: (Coverage under this endorsement Is not affected by an entry or lack of entry in the Schedule above.) A. WHO IS AN INSURED (Section 11) is amended to 2. The Limits of Insurance applicable to the include as an insured any person or organization, additional insured are those specified In the including any person or organization shown in the written contract or written agreement or in the schedule above, (called additional insured) whom you Declarations of this policy, whichever is less. are required to add as an additional insured on this These Limits of Insurance are inclusive of, and not policy under a written contract or written agreement; in addition to, the Limits of Insurance shown in the but the written contract or written agreement must be: Declarations. 1. Currently In effector becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property . damage," or "personal and advertising injury". B. The insurance provided to the addition at Insured is limited as follows: 1. That person or organization Is an additional insured solely for liability due to your negligence specifically resulting from "your 'work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional insured. 8. The coverage provided to the additional insured by this endorsement and paragraph f. of the definition of "insured contract" under DEFINITIONS (Section V) do not apply to "bodily Injury" or "property damage" arising out of the "products- completed operations hazard" unless required by the written contract or written agreement. When coverage does apply to "bodily injury" or "property damage" arising out of the "products- completed operations hazard" such coverage will not apply beyond: a. The period of time required by the written contract or written agreement; or G- 17 957 -G Page 1 of 2 (Ed. 01/01) G- 17957 -G (Ed. 01101) 4 A � O b. 5 years from the completion of "your work" on the project which Is the subject of the written contract or written agreement, whichever is less. 4. The Insurance provided to the additional Insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, or inspection activities performed as part of any related architectural or engineering activities. C. As respects the coverage provided under this endorsement, SECTION N -- COMMERCIAL GENERAL LIABILITY CONDITIONS are amended as follows: 1. The following is added to the Duties in The Event of Occurrence, Offense, Claim or Suit Condition: e. An additional Insured under this endorsement will as soon as practicable: Q -1 7957-G (Ed. 01 /01) (1) Give written notice of an occurrence or an offense to'us which may result in a claim or "suit" under this insurance;'- (2) Tender the defense'and indemnity of any claim or "suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and (3) Agree to make available any other Insurance which the additional insured has for a loss we cover under this Coverage Part. I. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suifi' from the additional insured. 2. Paragraph 4.b. of the Other Insurance Condition is deleted and replaced with the following: 4. Other Insurance b, Excess insurance This Insurance is excess over any other Insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or writ17)n ,agreement specifically requires that this insurance be either primary or primary and noncontributing. Page 2 of 2 POLICY NUMBER 1082235578 COMMERCIAL. GENERAL LIABILITY CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION WITH WHOM.THE INSURED HAS AGREED TO 11AlIn' RIGHTS OF RECOVERY, PROVIDED SUCH AGRE^2�ENT IS_ MADE IN WRITING AND PRIOR TO THE LOSS (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF WGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV — COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'your work" done under a contract with that person or organization and Included in the products- completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above. CG 24 0410 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 13 PganYa Copy