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16-017.00 Morrison-Maierle: Pines & Mirabeau Parkway Intersection AGREEMENT FOR PROFESSIONAL SERVICES Contract 16-017 for Engineering Design of the Pines Rd &Mirabeau Parkway Intersection Project,CIP No.0238 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Morrison—Maierle,Inc.,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services and material to satisfactorily complete the attached January 11,2016 Consultant Scope and Budget Estimate. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services,schedule and date of completion. The Scope of Services is attached hereto as Exhibit A. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services,stop work and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability,skill and resources necessary to perform the work and is familiar with all current laws,rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession,and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall Agreement for Professional Services Page 1 of 6 complete its work by December 31,2016,unless the time for performance is extended in writing by the Parties. Either Partymayterminate this Agreement for material breach after providingthe other Partywith at least ten gr 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 an agreed upon hourly rate up to a maximum amount of $31,065 as full compensation for everything done under this Agreement,as set forth in Exhibit B. 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 for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name:Bill White,Project Manager Phone:(509)921-1000 Phone:(509)315-8366 Address: 11707 East Sprague Ave, Suite 106 Address: 316 Boone Ave.,Ste 360 Spokane Valley,WA 99206 Spokane,WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and local laws and regulations. Consultant warrants that its designs,construction documents,and services shall conform 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 of 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 Agreement for Professional Services Page 2 of 6 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood,agreed and declared that Consultant shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9.Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose, distribute and otherwise use,in whole or in part, any reports, data,drawings, images or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit,examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees or subcontractors. A.Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1.Automobile liability insurance covering all owned,non-owned,hired and leased vehicles. Coverage shall be written on Insurance Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2.Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under 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. Agreement for Professional Services Page 3 of 6 4.Professional liabilityinsurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$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, if applicable, 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 the City. Any insurance,self-insurance,or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall fax or send electronically in.pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds,and shall 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 of such services caused by the concurrent negligence of(a)City or City's agents or employees,and(b)Consultant, Agreement for Professional Services Page 4 of 6 Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants and employees. Consultant's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer,employee,agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 15.Subcontracts. Except as otherwise provided herein,Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time to time,receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant 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 Agreement for Professional Services Page 5 of 6 altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business. 22.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Consultant Scope and Budget Estimate—January 11,2016 B. Morrison-Maierle Standard Billing Rates Schedule thru May 31,2016 C. Insurance Certificates The Parties have executed this Agreement dim day of i 20/Q CITY OF SPOKANE VALLEY Consultant: .41°, atenat: Mike Jacks. ,City Manager By:/t(A G b GERateNER, Vit ,, r - Its: Authorized Representative ATTE ' APPROVED AS TO FORM: Christine Bainbridge,City Clerk k Office the City A ey Agreement for Professional Services Page 6 of 6 " 1VIOxRIsON316 Boone Avenue,Suite 360 kz Spokane, Pok ne,WA 99201 509315.8366M TELE,we. www.m-m.net PINES ROAD (SR 27) & MIRABEAU PARKWAY INTERSECTION PROJECT (CONSULTANT SCOPE& BUDGET ESTIMATE -JANUARY 11, 2016) The Spokane Valley Public Works Department has authorized the Pines Road (SR 27) and Mirabeau Parkway Intersection project. Morrison-Maierle has been selected to perform design services by City officials. This document summarizes the scope of work and budget anticipated for the consultant to provide design services for this project. The subject intersection is located along Pines Road approximately 0.8 miles north of 1-90. Pines Road is an urban principal arterial designated as State Route 27. SR 27 is maintained by Washington Department of Transportation (WSDOT) through an interlocal agreement with the City. SR 27 has a five (5) lane cross section at Mirabeau Parkway, including northbound and southbound left-turn lanes. Mirabeau Parkway is a City Urban Major Collector with a three (3) lane cross section at Pines Road, including a westbound left turn lane. City traffic volume maps indicate Pines Road supports 16,600 ADT and Mirabeau Parkway 4,500 ADT at the project intersection. The western leg of this intersection is a shared driveway approach to Trent Elementary School and the Mirabeau Chapel church. The project includes research, coordination, and design for an intersection improvement project in Spokane Valley; including the following generate scope elements: • Review of the Inland Pacific plans and existing foundations, conduit, and junction boxes; o Verify that the existing pole foundations will support the new poles; • Design pedestrian ramp upgrades and pavement markings with crosswalks; ® Design storm water work consisting of installing a catch basin with spill control separator with piping connecting to the existing dryw,4at the NW corner of the intersection; Prepare bid ready Plans, Specifications, and Estimate for design of a completed signal system meeting all current codes, City and WSDOT standards and incorporating as much of the constructed system as possible; and • Broaden signal designs to include the details/specifications needed tie the Pines Road/Mirabeau Parkway intersection into the fiber optic interconnect system aligned along the west side of Pines Road. Project deliverables include the submittal of 50 percent; 90 percent, and final plans, specifications, and estimates (PS&E). We anticipate coordination with City and WSDOT officials will be required on this Transportation Improvement Board (TIB) supported improvement project. TASK 1. PROJECT KICKOFF, BACKGROUND RESEARCH, AND BASE MAPS We recommend a kickoff meeting with the City project design manager, WSDOT signal shop representative and an Avista Field Engineer to confirm scope and work program, schedule, and discuss project issues and resolutions. From this point on, we would propose to coordinate with the City project design manager every two weeks to report project status, to coordinate direction, discuss potential issues, and assure the project is continually directed in the best interests of the City and community. The City will provide a topographic map for the intersection by February 1, 2016. We will work with City staff to assemble additional information relevant to project development (as available) including, but not necessarily limited to, the collection of: a Existing utility maps, as available from the City of Spokane Valley and Spokane County. A:I MORRISON AA.','MAIERLE,INC. • Current Excel bid quantity worksheets and recent bid price histories in order to develop construction cost estimates, as available from the City of Spokane Valley. • Current City design guidance as it pertains to streets and pedestrian ramps; and any supplemental guidance City officials recommend(AASHTO, MUTCD, FHWA, etc.). • AutoCAD standards (line weights, symbols, etc.) common to City plans, as available from the City. • Geotechnical information available from USGS, or equivalencies available from the City, to support design as needed. • The City will complete all environmental permitting including the SEPA application. The City will survey the study corridor and prepare/establish the initial line work in AutoCAD version 2014. From this, we will prepare a base map, providing stationing, referencing utilities and right-of-way, and confirming existing conditions (striping, signage, curb lines, etc.). It is assumed City staff will establish line-work in a coordinate system, so the base map is consistent with their coordinate/GIS standards. Deliverables: An email summarizing data requests and collected for the project, and base maps on 11x17 to a clear/legible scale, as submitted to City in electronic format. TASK 2. DESIGN PROCESS & SPECIFICATIONS APPROXIMATE: The project includes plans and specifications regarding designs for: • ADA compliant curb ramps on all four corners of the intersection; • Traffic signal assembly including signal heads, poles (foundations already provided), mast arms, signal heads, pull/controller boxes, conduits (or other detection), preemptive devices, circuits, power connection, and ITS interconnect, etc.; • Pedestrian crossing devices (beacons, pushbuttons, etc.); • Roadway striping, as needed; • Roadway Signs, as needed. • Potential relocation of utility equipment, as needed (power, utility boxes, vaults, etc.). • Catch basin with spill control separator with piping to existing drywell located at northwest corner of intersection. Project deliverables include the submittal of a design plans and specifications provided for 50 percent, 90 percent, and 100-percent final designs. The 50 percent design will establish the project footprint, identify basic design elements, verify whether the existing foundations will support the proposed signal loads and are located appropriately, provide an Engineering Estimate in an Excel spreadsheet format, and provide draft specifications, including traffic control plans. These plans and foundation calculations will be provided to the City and WSDOT for review. If any the existing foundations will need to be replaced or their locations changed, the changes to the design will be negotiated as a supplement to the original contract. The 90 percent submittal would address City and WSDOT comments to the 50% submittal and provide all design details. The 90% review comments will then be addressed, resulting in the preparation and submittal of final 100 percent designs. The 100% submittal will include Project Bid package, stamped Project Cost Estimate, and the following plans, sealed and signed by a Washington State registered Engineer: MORRISON a MAIERLE,inc. • Project identification/description sheet (cover), • Demolition/removal plan, • Design/construction plan (for curb ramps, catch basin, and piping), • Signing and striping plan, • Signal Wiring Plan, 4 Traffic Signal and ITS Plan (Components), • ITS Wiring Sheet • Traffic Signal Detail Plan, • Signal/Project Specifications Plan, • Traffic Control plans. Deliverables: Plans would be provided electronically on 11x17 and 22x34 printable document (.pdf) files during the concept, intermediate, and first final submittals. Final 100 percent documents would be provided electronically with three sets of printed 11x17 and 22x 34 documents. One copy of the plan sheets will also be provided on Mylar for easy reproduction and distribution by City staff. Draft specifications will be submitted to the City in an electronic Word (.docx) format. A copy of the Engineering Estimate will be provided in an Excel spreadsheet format. After comments are addressed, three copies of specification booklets will be provided to the City along with a final pdf for distribution by City staff. TASK 3. BID SUPPORT We will be available to address bidding questions directed to us via email through City staff. The City will provide construction management and administration, as well as construction survey/staking and as-builts. Deliverables: We will respond via email to emailed bid questions within one working day. TASK 4. PROJECT MANAGEMENT, MEETINGS, AND ADMINISTRATION This task simply acknowledges budget for the project manager to coordinate and administer the project including tasks such as emails, phone conversations, meetings, invoice coordination, schedule and budget supervision, reporting, etc. TASK 5. QUALITY CONTROL A supervising engineer with our firm will provide principal quality control for this project, as it pertains to the capacity letter, project designs, and bid support. This task simply acknowledges budget would be set aside for the quality control/assurance process. BUDGET AND SCHEDULE With expenses, we estimate that a budget of$31.065 would be required to perform this project, as provided on a time and materials basis. A budget justification is provided next page. A standard Morrison-Maierle rate schedule has been attached to this document. *' MORRISON „ANN MAIERLE,1Nc. Pines Rd(SR 27)Mlrabeau Parkeway Intersection Project Budget Estimate ;t ) Ctiiristo** 1 PE Pmject,ilanager ProjectEnginser CADTechI ProjectTotat Task HoursAt .;;;2;-**1,::$ i'toursAt.. ,1..40t_411#1ureAt Ftours _,._,. Kickoff Research,8 Base Maps 4 5544 8 51,056 16 $1.168 28 52,768 2 Design Process&5peallcafon? 16 52,176 106 $13,992 32 $2,336 154 518,504 3 Bid Support 4 $544 10 $1.320 0 SO 14 51,864 4 Prdject Managmeent 40 $5,440 0 50 0 so 40 $5.440 5 Quaky Centro! 0 50 12 $1,584 0 SO 12 $1,584 Task .P3ojectl`otals(Howal.Badgetl ; A.Per 11t 1+7016 Revisions,hours esimated to design:talc signal system,pedestrian ramps,crosswaiks, Praect Exoerrses&rot:MI'agy((us 3- enZ)= 3906 pedestrian warning system,roadway striping,catch basin sstiping,signal irderconnect and temp.traffic fid. Total Project Bu z: ;1311 "Budget Developed Januaryll,2016" The City has set an aggressive schedule for the project, given it takes some time to acquire signal materials, and all funds must be used or committed by October 2016. We will work in earnest to meet this schedule, summarized as follows: • February 15, 2016—Submittal of 50% PS&E a March 1, 2016—Submittal of 90% PS&E a April 1, 2016—Submittal of 100% PS&E • April 15, 2016— Bid Project • May 1, 2016—Award Project • August 2016 Build Project This schedule will depend on quick receipt of a fully developed set of topographic base maps from the City. The City's goal is to provide these maps by February 1, 2016. However, if any time could be shaved off it would be greatly appreciated. Also, we assume WSDOT will provide an expedient review, certifying the project budget within about two weeks. PROVIDED BY CITY.... This recaps our understanding of City responsibilities for this project, regarding information and tasks. A summary of data and information provided from City officials include: • Available right-of-way, topography, and utility maps. • Survey to include roadway and pedestrian facility striping; pavement slope/grade; utility man-holes located in the roadway; roadway drainage features; curb-lines or edge-of- pavement; signal loop locations; and amenities and services located within 10 to 15 feet of intersecting roadways such sidewalks, signage, signal/controller foundations, , utility boxes, fences, mail-boxes, trees, topography, etc. We recommend the survey extend 300 feet on all approaches to the intersection (150 on west leg). • Current Excel bid quantity worksheets and recent bid price histories. • Obtaining Electrical Service from Avista • Bidding the project. • Project construction management and administration. • Construction surveying and staking. • As-build development. Craig Aldworth From: Sean Messner Sent: Thursday,January 07, 2016 3:35 PM To: Chris Reich;Craig Aldworth Cc: Bill White Subject: RE: Pines&Mirabea Scope and Budget Estimate Hi Chris, We currently have a 48 SMFO in Pines on the west side of the street.There is a pull box sort-of in the NWC(in the Pines sidewalk)that has 100'of coiled fiber.We want the signal design to include the ITS design needed for the contractor to be able to connect the Pines/Mirabeau signal to the system. That being said...l think we need to make sure the following are included in this planset: • Signal sheet(or create a new sheet for ITS plan-view): needs to show ITS conduit and fiber going from the cabinet to the existing pullbox on Pines. o Document the patch panel,switches, and brackets required in the cabinet for ITS fiber connection. o Document the fiber splice closure needs at the existing pullbox in Pines to make the ITS connection to the new signal. o Will likely need new conduit from cabinet to the existing ITS pullbox.Show on plans. o Show ITS wiring schedule (conduit and conductor). • Signal wiring sheet: needs to show ITS fiber going from the cabinet to the pullbox on Pines o With appropriate patch panel and switches shown and wiring accordingly • ITS splice detail sheet o Show how the splice is connected to the 48 SMFO. It would likely need to be a 12 SMFO fiber splice (6 in and 6 out of the cabinet) • Any corresponding construction notes required for contractor to install fully operational connection. • Special provisions for all the above. Please let me know if the above makes sense...or if there are any questions. I'll be out of the office tomorrow, but back in on Monday. Thanks Chris, Sean Sean Messner, P.E. Phone: 509.720.5011 From: Chris Reich [mailto:creich@m-m.net] Sent: Wednesday, January 06, 2016 7:58 AM To: Craig Aldworth Cc: Sean Messner; Bill White Subject: Re: Pines&Mirabea Scope and Budget Estimate Thanks Craig. I'll revise the scope to reflect that and once we hear about ITS scope we will tidy this up and turn around quickly. 1 millMORRISOly Standard Billing Rates Schedule 6/22/2015 MERLE,INC. Rates Effective Thru Q27 ENGINEERS SURVEYORS•PEANNERS•SCIENIISIS May 31,2016 Standard Rate Overtime Rate 'Professional Services Principal i Principal 188.00 188.00 Engineer ;Supervising Engineer III 177.00 177.00 `Supervising Engineer II 165.00 165.00 Supervising Engineer I 156.00 156.00 Senior Engineer II 143.00 143.00 i # Senior Engineer I 132.00 132.00 i Design Engineer II 121.00 121.00 1 Design Engineer I 110.00 110.00 Engineer Intern II 98.00 98.00 1 Engineer Intern I 88.00 88.00 Planner Supervising Senior Planner 171.00 171.00 1 Senior Planner 136.00 136.00 i ScientistEnvironmental Scientist II - 99.00 99.00 Environmental Scientist I _ 89.00 89.00 1 :Senior Geologist 168.00 168.00 (Geologist III 145.00 145.00 I ,Geologist I 89.00 89.00 Engineering Technician ,Senior Engineering Technician 122.00 122.00 Cad Designer II 105.00 105.00 Cad Designer I 95.00 142.50 'Cad Tech II 83.00 124.50 !Cad Tech I 73.00 109.50 3 Resident Project Representative 1 `Senior Resident Project Representative 126.00 126.00 Resident Project Representative II 105.00 105.00 :Resident Project Representative I 89.00 133.50 Clerical,Graphics,and Reproduction Administrative Manager 90.00 90.00 Administrative Coordinator III 85.00 85.00 °Administrative Coordinator II 80.00 80.00 1 i Administrative Coordinator I 65.00 97.50 ;Project Coordinator III 85.00 127.50 Project Coordinator II 75.00 112.50 Technical Intern 60.00 90.00 -Graphic Designer 74.00 74.00 Cad Manager 115.00 115.00 Surveying Services Survey Senior Survey Manager 151.00 151.00 Land Surveyor III 117.00 117.00 Land Surveyor II 105.00 105.00 J I Survey Technician III - 82.00 123.00 !Survey Technician II - 72.00 108.00 E Survey Technician I 59.00 88.50 E Expert Witness Recommended rate for expert witness servicer (depositions and/or time in court)is charged at an hourly rate of 150-200%of the standard billing rate. 1 of 1 ® A CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 01/22/2016 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: Pearl Insurance 1200 E Glen Ave PHONE FAX (A/C.No.Ext): (NC.No): E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Peoria Heights IL 61616 INSURER A: Continental Casualty Company 20443 INSURED INSURER B: Morrison-Maierle Inc. INSURER C: PO Box 6147 INSURER D: 1 Engineering PI INSURER E: Helena MT 59604-6147 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/YLIMITS LTR INSR WVD POLICY NUMBER (MM/DDYYY) (MMIDD/YYYY) GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ CLAIMS-MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JERCO-- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability-E&O $3,000,000 Per Claim/$3,000,000 Aggregate `' A Written on a Claims-Made Basis N Y AEH288366511 01/08/2016 01/08/2017 $100,000 Deductible DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Pines&Mirabeau Signal Design Scope of Work CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 East Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley WA 99206 A�THORI7D gEP ENTATiVE I /L(G�dti� I//(l/ ACORD 25(2010/05) `// ©1988-2010 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD MORRISON MAIERLE INC Page 1 of 1 tI. n. / • STATE OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage January 22, 2016 WA UBI No. 602 362 077 L&I Account ID 5987401 Legal Business Name MORRISON MAIERLE INC Doing Business As MORRISON MAIERLE INC Workers'Comp Premium Status: Account is current. Estimated WorkersReported Quarter 3 of Year 2015"1 to 3 (See Description Below) Workers" Account Representative 15/DALILA MEANS(360)902-4735- Email: MEAE235@lni.wa.gov Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51.12.050 and 51.16.190). https://secure.lni.wa.gov/verify/Details/liabilityCertif"icate.aspx?UBI=602362077&SAW=... 1/22/2016 _ —s MORRMAI-01 LDUNCAN ACOREY DATE(MM/DD/YYYY) 4.......---- CERTIFICATE OF LIABILITY INSURANCE 1/22/2016 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: Butte/Deer Lodge Office PHONE 406 4944000 FAX 406 494-7641 PayneWest Insurance,Inc. IA/C,No,Ext):( ) (A/C,No): ) 3475 Monroe Ave. ADDRESS: Butte,MT 59702-0102 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Companies 10677 INSURED INSURER B: Morrison-Maierle,Inc. INSURER C: P.O.Box 6147 INSURER D: Helena,MT 59604-6147 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. INXP SR TYPE OF INSURANCE AINSD DDL SWVD POLICY NUMBER (MMUBR LDD//YYYY) (MMICY EFF LDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 ✓ CLAIMS-MADE X OCCUR X CPP3669637 12/31/2015 12/31/2016 pREM13E-Ma occu ence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 V POLICY X IMF X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 000 V (Ea accident) _ A X ANY AUTO X CPA3669637 12/31/2015 12/31/2016 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS — HIRED AUTOS NON-SWNED PROPERTY DAMAGE $ Per accident) $ X UMBRELLA LIAB X OCCUREACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE 1 CPP3669637 12/31/2015 12/31/2016 AGGREGATE $ 5,000,000 DED X RETENTION$ 0 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project Name: Pines Rd&Mirabeau Parkway Intersection Project CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 11707 East Sprague Avenue Spokane,WA 99206 AUTHORIZED REPRESENTATIVE 1 nca2 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MONTANA 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 8 3. Damage to Premises Rented to You 8 4. Supplementary Payments 9 5. Medical Payments 10 6. Voluntary Property Damage(Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) 10 7. 180 Day Coverage for Newly Formed or Acquired Organizations 10 8. Waiver of Subrogation 10 9. Automatic Additional Insured -Specified Relationships: 11 • 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 16 11. Property Damage to Borrowed Equipment 16 12. Employees as Insureds -Specified Health Care Services: 16 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence 16 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 MT 05 10 Services Office, Inc.,with its permission. Page 1 of 16 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: 2) Our right and duty to e 1. Employee Benefit LiabilityCoverage defend ends when ap- a. 9 have used up the ap- a. The following is added to SECTION I plicable limit of insur- - COVERAGES: Employee Benefit ance in the payment of Liability Coverage. judgments or settle- ments. (1) Insuring Agreement No other obligation or liabil- (a) We will pay those sums that ity to pay sums or perform the insured becomes legally acts or services is covered obligated to pay as dam- unless explicitly provided for ages caused by any act, er- under Supplementary Pay- ror or omission of the in- ments. sured, or of any other per- son for whose acts the in- (b) This insurance applies to sured is legally liable, to damages only if the act, er- which this insurance ap- ror or omission, is negli- plies. We will have the right gently committed in the and duty to defend the in- "administration" of your sured against any "suit" employee benefit pro seeking those damages. gram";and However, we will have no 1) Occurs during the pol- duty to defend against any icy period;or "suit" seeking damages to which this insurance does 2) Occurred prior to the not apply. We may, at our effective date of this discretion, investigate any endorsement provided: report of an act, error or omission and settle any a) You did not have claim or "suit" that may re- knowledge of a suit. But: claim or "suit" on or before the ef- 1) The amount we will pay fective date of this for damages is limited endorsement. as described in SEC- TION III - LIMITS OF You will be INSURANCE;and deemed to have Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 2 of 16 knowledge of a Any claim based upon: claim or "suit" when any 1) Failure of any invest- "authorized repre- ment to perform; sentative"; 2) Errors in providing in- i) Reports all, or formation on past per- any part, of the formance of investment act, error or vehicles;or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision ii) Receives a to participate or not to written or ver- participate in any plan bal demand or included in the em- claim for dam- ployee benefit pro- ages because gram". of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and b) There is no other Any claim arising out of your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, (2) Exclusions unemployment compensa- tion insurance, social secu- This insurance does not apply rity or disability benefits law to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Advertising Injury Damages for which any in- sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or "personal and ary by the Employee Re- advertising injury". tirement Income Security (b) Dishonest, Fraudulent, Act of 1974, as now or hereafter amended, or by Criminal or Malicious Act any similar federal, state or Damages arising out of any local laws. intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cious act, error or omission, Any claim for benefits to the committed by any insured, extent that such benefits including the willful or reck- are available, with reason- less violation of any statute. able effort and cooperation Failure to Perform aCon- of the insured, from the ap- (c) plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- tract by any insurer. Taxes, fines or penalties, including those imposed (d) Insufficiency of Funds under the Internal Revenue Damages arising out of an Code or any similar state or insufficiency of funds to local law. meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- gram". Any liability arising out of (e) Inadequacy of Perform- any: ance of Investment / Ad- (1) Refusal to employ; vice Given With Respect to Participation Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 3 of 16 (2) Termination of em- or limited liability company, ployment; you are an insured. Your "executive officers" and di- (3) Coercion, demotion, rectors are insureds, but evaluation, reassign- only with respect to their ment, discipline, defa- duties as your officers or di- mation, harassment, rectors. Your stockholders humiliation, discrimina- are also insureds, but only tion or other employ- with respect to their liability ment-related practices, as stockholders. acts or omissions; or Consequential liability (e) A trust, you are an insured. (4) q Your trustees are also in- as a result of(1), (2) or sureds, but only with re- (3)above. spect to their duties as This exclusion applies trustees. whether the insured may be (2) Each of the following is also an held liable as an employer insured: or in any other capacity and to any obligation to share (a) Each of your "employees" damages with or repay who is or was authorized to someone else who must administer your "employee pay damages because of benefit program". the injury. (b) Any persons, organizations (3) Supplementary Payments or "employees" having SECTION I - COVERAGES, proper temporary authori- zation to administer your SUPPLEMENTARY PAY- MENTS - COVERAGES A AND "employee ulo die, but only program" B also apply to this Coverage. if you only until your PP Y 9 legal representative is ap- b. Who is an Insured pointed. As respects Employee Benefit Liabil- (c) Your legal representative if ity Coverage, SECTION II - WHO IS you die, but only with re- AN INSURED is deleted in its en- spect to duties as such. tirety and replaced by the following: That representative will have all your rights and du- (1) If you are designated in the ties under this Coverage Declarations as: Part. (a) An individual, you and your (3) Any organization you newly ac- spouse are insureds, but quire or form, other than a part- only with respect to the nership, joint venture or limited conduct of a business of liability company, and over which you are the sole which you maintain ownership owner. or majority interest, will qualify as a Named Insured if no other (b) A partnership or joint ven- similar insurance applies to that ture, you are an insured. organization. However, cover- Your members, your part- age under this provision: ners, and their spouses are also insureds but only with (a) Is afforded only until the respect to the conduct of 180th day after you acquire your business. or form the organization or the end of the policy period, (c) A limited liability company, whichever is earlier;and you are an insured. Your members are also insureds, (b) Does not apply to any act, but only with respect to the error or omission that was conduct of your business, committed before you ac- Your managers are in- quired or formed the or- sureds, but only with re- ganization. spect to their duties as your managers. c. Limits of Insurance (d) An organization other than As respects Employee Benefit Liabil- a partnership, joint venture ity Coverage, SECTION III - LIMITS Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 4 of 16 OF INSURANCE is deleted in its en- (4) Deductible Amount tirety and replaced by the following: (a) Our obligation to pay dam- (1) The Limits of Insurance shown ages on behalf of the in- in Section B. Limits of Insur- sured applies only to the ance, 1. Employee Benefit Li- amount of damages in ex- ability Coverage and the rules cess of the deductible below fix the most we will pay amount stated in the Decla- regardless of the number of: rations as applicable to Each Employee. The limits (a) Insureds; of insurance shall not be (b) Claims made or "suits" reduced by the amount of brought; this deductible. (c) Persons or organizations (b) The deductible amount making claims or bringing stated in the Declarations aliesdamaes "suits"; sustainedt o by any l one "em- (d) Acts, errors or omissions;or ployee", including such "employee's" dependents (e) Benefits included in your and beneficiaries, because "employee benefit pro- of all acts, errors or omis- gram". sions to which this insur- ance applies. (2) The Aggregate Limit shown in Section B. Limits of Insurance, (c) The terms of this insurance, 1. Employee Benefit Liability including those with respect Coverage of this endorsement to: is the most we will pay for all damages because of acts, er- 1) Our right and duty to rors or omissions negligently defend the insured committed in the "administra- against any "suits" tion" of your "employee benefit seeking those dam- program". ages; and (3) Subject to the limit described in 2) Your duties, and the (2) above, the Each Employee duties of any other in- Limit shown in Section B. Limits volved insured, in the of Insurance, 1. Employee event of an act, error or Benefit Liability Coverage of omission, or claim, this endorsement is the most we will pay for all damages sus- apply irrespective of the tained by any one "employee", application of the deductible including damages sustained by amount. such "employee's" dependents (d) We may pay any part or all and beneficiaries,as a result of: of the deductible amount to (a) An act, error or omission;or effect settlement of any claim or "suit" and, upon (b) A series of related acts, er- notification of the action rors or omissions, regard- taken, you shall promptly less of the amount of time reimburse us for such part that lapses between such of the deductible amount as acts, errors or omissions, we have paid. negligently committed in the d. Additional Conditions "administration" of your "em As respects Employee Benefit Li- ployee benefit program". ability Coverage, SECTION IV - However, the amount paid un- COMMERCIAL GENERAL LIABIL- der this endorsement shall not ITY CONDITIONS is amended as exceed, and will be subject to follows: the limits and restrictions that (1) Item 2. Duties in the Event of apply to the payment of benefits Occurrence, Offense, Claim or in any plan included in the "em- ployee benefit program". Suit is deleted in its entirety and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 5 of 16 2. Duties in the Event of an any right against Act, Error or Omission, or any person or or- Claim or Suit ganization which beto a. You must see to it that may the insured be- we are notified as soon cause of an act, as practicable of an error or omission act, error or omission to which this in- which may result in a surance may also claim. To the extent apply. possible, notice should include: d. No insured will, except at that insured's own (1) What the act, error cost, voluntarily make a or omission was payment, assume any and when it oc- obligation, or incur any curred; and expense without our (2) The names and consent. addresses of any- (2) Item 5. Other Insurance is de- one who may leted in its entirety and replaced suffer damages as by the following: a result of the act, error or omission. 5. Other Insurance b. If a claim is made or If other valid and collectible "suit"is brought against insurance is available to the any insured,you must: insured for a loss we cover Immediatelyrec- under this Coverage Part, (1) our obligations are limited ord the specifics of as follows: the claim or "suit" and the date re- a. Primary Insurance ceived; and This insurance is pri- (2) Notify us as soon mary except when c. as practicable. below applies. If this in- You must see to it that surance is primary, our obligations are not af- we receive written no- fected unless any of tice of the claim or the other insurance is "suit" as soon as prac- also primary. Then, we ticable. will share with all that c. You and any other in- other insurance by the volved insured must: method described in b. below. (1) Immediately send us copies of any b. Method of Sharing demands, notices, If all of the other insur- summonses or le- ance permits contribu- gal papers re- tion by equal shares, ceived in connec- we will follow this tion with the claim method also. Under or"suit"; this approach each in- (2) Authorize us to surer contributes equal obtain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or de- If any of the other in- fense against the surance does not per- "suit";and mit contribution by equal shares, we will (4) Assist us, upon contribute by limits. our request, in the Under this method, enforcement of each insurer's share is Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 6 of 16 based on the ratio of its 2. "Cafeteria plans" means applicable limit of in- plan authorized by applica- surance to the total ap- ble law to allow "employ- plicable limits of insur- ees" to elect to pay for cer- ance of all insurers. tain benefits with pre-tax c. No Coverage dollars. 3. "Employee benefit pro- This insurance shall not grams" means a program cover any loss for providing some or all of the which the insured is following benefits to "em- entitled to recovery un- ployees", whether provided der any other insur- through a "cafeteria plan"or ance in force previous otherwise: to the effective date of this Coverage Part. a. Group life insurance; e. Additional Definitions group accidentn- health insurance ; den- As respects Employee Benefit Li- tal, vision and hearing ability Coverage, SECTION V - plans; and flexible DEFINITIONS is amended as fol- spending accounts; provided that no one lows: other than an "em- (1) The following definitions are ployee" may subscribe added: to such benefits and such benefits are made 1. "Administration"means: generally available to a. Providing information to those "employees"who "employees", including satisfy the plan's eligi- their dependents and bility requirements; beneficiaries, with re- b. Profit sharing plans, sped to eligibility for or employee savings scope of "employee plans, employee stock benefit programs"; ownership plans, pen- b. Interpreting the "em- ssion plans and stock ployee benefit pro- provided eptioh that no one plans, grams"; otherthan an "em- c. Handling records in ployee" may subscribe connection with the to such benefits and "employee benefit pro- such benefits are made grams";or generally available to all "employees" who d. Effecting, continuing or are eligible under the terminating any "em- plan for such benefits; ployee's" participation in any benefit included c. Unemployment insur- in the "employee bene- ance, social security fit program". benefits, workers' com- pensation and disability However, "administration" benefits;and does not include: d. Vacation plans, includ- a. Handling payroll de- ing buy and sell pro- ductions; or grams; leave of ab- senceb. The failure to effect or programs, in- ter- maintain any insurance eluding military,andcivil or adequate limits of leave;family,ttciv assis- coverage of insurance, plans; transpor- including but not limited tationtance to unemployment in- subsi and health club surance, social security subsidies. benefits, workers' com- (2) The following definitions are pensation and disability deleted in their entirety and re- benefits. placed by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 7 of 16 21. "Suit" means a civil pro- A. BODILY INJURY AND PROP- ceeding in which money ERTY DAMAGE LIABILITY applies damages because of an to "property damage" arising out of act, error or omission to water damage to premises that are which this insurance applies both rented to and occupied by you. are alleged. "Suit"includes: (1) As respects Water Damage Le- a. An arbitration pro- gal Liability, as provided in ceeding in which such Paragraph 3.b.above: damages are claimed and to which the in- The exclusions under SECTION sured must submit or I - COVERAGES, COVERAGE does submit with our A. BODILY INJURY AND consent; PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than i. b. Any other alternative War and the Nuclear Energy dispute resolution pro- Liability Exclusion, are deleted ceeding in which such and the following are added: damages are claimed and to which the in- This insurance does not apply sured submits with our to: consent; or (a) "Property damage": c. An appeal of a civil 1) Assumed in any con- proceeding. tract;or 8. "Employee" means a per- 2) Loss caused by or re- son actively employed, for- suiting from any of the merly employed, on leave following: of absence or disabled, or retired. "Employee"includes a) Wear and tear; a "leased worker". "Em- ployee" does not include a b) Rust, corrosion, "temporary worker". fungus, decay, deterioration, hid- 2. Unintentional Failure to Disclose Hoz- den or latent Be- ards fect or any quality in SECTION IV- COMMERCIAL GENERAL property - causes it to damam- LIABILITY CONDITIONS, 7. Represen- age or destroy it- tations is hereby amended by the addi- self; tion of the following: Based on our dependence upon your c) Smog; representations as to existing hazards, if d) Mechanical unintentionally you should fail to disclose breakdown in- all such hazards at the inception date of cluding rupture or your policy, we will not reject coverage bursting caused under this Coverage Part based solely on by centrifugal such failure. force; 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex- pansion; 2. SECTIOI - COVERAE , pansion; or 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, ,9 q. apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, 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. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 8 of 16 1) Earthquake, volcanic 6. Subject to 5. above, the eruption, landslide or Damage to Premises any other earth move- Rented to You Limit is the ment; most we will pay under A. BODILY 2) Water that backs up or NJJU YAGE AND PROPERTY overflows from a DAMAGE LIABILITY, for sewer, drain or sump; damages because of 3) Water under the "property damage" to ground surface press- premises while rented to ing on, or flowing or you or temporarily occupied seeping through: by you with permission of the owner, arising out of a) Foundations, any one "occurrence" to walls, floors or which this insurance ap- paved surfaces; plies. b) Basements, (3) The amount we will pay is whether paved or ited as described in Section B. not;or Limits of Insurance, 3. Dam- age to Premises Rented to c) Doors, windows or You of this endorsement. other openings. 4. Supplementary Payments (c) Loss caused by or resulting from water that leaks or Under SECTION I - COVERAGE, SUP- flows from plumbing, heat- PLEMENTARY PAYMENTS - COVER- ing, air conditioning, or fire AGES A AND B: protection systems caused a. Paragraph 2. is replaced by the fol- by or resulting from freez- ing, unless: lowing: 1) You did your best to Up to the limit shown in Section B. maintain heat in the Limits of Insurance, 4.a. Bail Bonds building or structure;or of this endorsement for cost of bail bonds required because of accidents 2) You drained the or traffic law violations arising out of equipment and shut off the use of any vehicle to which the the water supply if the Bodily Injury Liability Coverage ap- heat was not main- plies. We do not have to furnish tained. these bonds. (d) Loss to or damage to: b. Paragraph 4. is replaced by the fol- lowing: 1) Plumbing, heating, air conditioning, fire pro- All reasonable expenses incurred by tection systems, or the insured at our request to assist other equipment or ap- us in the investigation or defense of pliances; or the claim or "suit", including actual loss of earnings up to the limit shown 2) The interior of any in Section B. Limits of Insurance, building or structure, or 4.b. Loss of Earnings of this en- to personal property in dorsement per day because of time the building or structure off from work. caused by or resulting from rain, snow, sleet 5. Medical Payments or ice, whether driven by wind or not. The Medical Expense Limit of Any One Person as stated in the Declarations is c. Limit of Insurance amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 9 of 16 6. Voluntary Property Damage and Care, stated in Section B. Limits of Custody or Control Liability Coverage Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- a. VoluntaryProperty Damage Coy- tody or Control Liability Cov- erage erage of this endorsement. The We will pay for"property damage" to limits of insurance will not be re- property of others arising out of op duced by the application of such erations incidental to the insured's deductible amount. business when: (2) Condition 2. Duties in the Event (1) Damage is caused by the in- of Occurrence, Offense, Claim sured; or or Suit, applies to each claim or "suit"irrespective of the amount. (2) Damage occurs while in the in (3) We may pay any part or all of sured's possession. the deductible amount to effect With your consent, we will make settlement of any claim or "suit" these payments regardless of fault. and, upon notification of the ac- tionb. Care, Custodyor Control Liability taken, you shall promptly reimburse us for such part of the Coverage deductible amount as has been SECTION I - COVERAGES, COV- paid by us. ERAGE A. BODILY INJURY AND 7. 180 Day Coverage for Newly Formed or PROPERTY DAMAGE LIABILITY, 2. Acquired Organizations Exclusions,j. Damage to Property, Subparagraphs (3), (4) and (5) do SECTION II - WHO IS AN INSURED is not apply to "property damage" to amended as follows: the property of others described Subparagraph a. of Paragraph 4. is therein. hereby deleted and replaced by the fol- ' With respect to the insurance provided by lowing: this section of the endorsement, the fol- lowing additional provisions apply: a. Insurance under this provision is af- forded only until the 180th day after a. The Limits of Insurance shown in the you acquire or form the organization Declarations are replaced by the lim- or the end of the policy period, its designated in Section B.Limits of whichever is earlier; Insurance, 6. Voluntary Property Damage and Care, Custody or 8. Waiver of Subrogation Control Liability Coverage of this SECTION IV- COMMERCIAL GENERAL endorsement with respect to cover- LIABILITY CONDITIONS, 9. Transfer of age provided by this endorsement. Rights of Recovery Against Others to These limits are inclusive of and not Us is hereby amended by the addition of in addition to the limits being re- the following: placed. The Limits of Insurance shown in Section B. Limits of Insur- We waive any right of recovery we may ance, 6. Voluntary Property Dam- have because of payments we make for age and Care, Custody or Control injury or damage arising out of your on- Liability Coverage of this endorse- going operations or"your work" done un- ment fix the most we will pay in any der a written contract requiring such one "occurrence" regardless of the waiver with that person or organization number of: and included in the "products-completed operations hazard". However, our rights (1) Insureds; may only be waived prior to the "occur- (2) Claims made or "suits" brought; rence" giving rise to the injury or damage or for which we make payment under this Coverage Part. The insured must do (3) Persons or organizations mak- nothing after a loss to impair our rights.At ing claims or bringing"suits". our request,the insured will bring "suit"or transfer those rights to us and help us b. Deductible Clause enforce those rights. (1) Our obligation to pay damages 9. Automatic Additional Insured - Speci- on your behalf applies only to fied Relationships the amount of damages for each "occurrence" which are in ex- a. The following is hereby added to cess of the deductible amount SECTION II-WHO IS AN INSURED: Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 10 of 16 (1) Any person or organization de- demolition operations scribed in Paragraph 9.a.(2) performed by or on be- below (hereinafter referred to as half of such additional additional insured) whom you insured. are required to add as an addi- tional insured under this Cover- (b) Any person or organization age Part by reason of: from which you lease equipment with whom you (a) A written contract or have agreed per Paragraph agreement; or 9.a.(1) above to provide in- reement or con- in- surance. Such person(s) or (b) An oral agreement organization(s) are in- tract where a certificate of sureds, but only to the ex- insurance showing that per- tent that the liability for son or organization as an "bodily injury", "property additional insured has been damage" or "personal and issued, advertising injury" is caused is an insured, provided: by your negligence, acts or omissions in the mainte- (a) The written or oral contract nance, operation or use of or agreement is: equipment leased to you by such person(s) or organiza- 1) Currently in effect or tions(s). However, this in- becomes effective surance does not apply to during the policy pe- any "occurrence" which ri0d; and takes place after the 2) Executed prior to an equipment lease expires. "occurrence" or offense (c) Any person or organization to which this insurance (referred to below as ven- would apply; and dor) with whom you have (b) They are not specifically agreed per Paragraph named as an additional in- 9.a.(1) above to provide in- sured under any other pro- surance, but only with re- vision of, or endorsement spect to "bodily injury" or added to, this Coverage "property damage arising out of"your products"which Part, are distributed or sold in the (2) Only the following persons or regular course of the ven- organizations are additional in- dor's business, subject to sureds under this endorsement, the following additional ex- and insurance coverage pro- clusions: vided to such additional in- 1) The insurance afforded sureds is limited as provided the vendor does not herein: apply to: (a) The manager or lessor of a premises leased to you with a) "Bodily injury" or whom you have agreed per "property damage" Paragraph 9.a.(1) above to for which the ven- dorprovide insurance, but only is obligated to with respect to liability aris- pay damages by ing out of the ownership, reason of the as- maintenance or use of that sumption of liabil- part of a premises leased to ity in a contract or agreement. This you, subject to the following additional exclusions: exclusion does not apply to liability for This insurance does not damages that the apply to: vendor would have in the ab- 1) Any "occurrence" sence of the con- which takes place after tract or agree- you cease to be a ten- ment; ant in that premises. 2) Structural alterations, new construction or Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 11 of 16 b) Any express war- employees or ranty unauthorized anyone else act- by you; ing on its behalf. c) Any physical or 2) This insurance does chemical change not apply to any in- in the product sured person or or- made intentionally ganization: by the vendor; a) From whom you d) Repackaging, ex- have acquired cept when un- such products, or packed solely for any ingredient, the purpose of in- part or container, spection, demon- entering into, ac- stration, testing, or companying or the substitution of containing such parts under in- products; or structions from the manufacturer, and b) When liability in- then repackaged cluded within the in the original "products- container; completed opera- tions hazard" has e) Any failure to been excluded make such in- under this Cover- spections, adjust- age Part with re- ments, tests or spect to such servicing as the products. vendor has agreed to make or (d) Any state or political subdi- normally under- vision with which you have takes to make in agreed per Paragraph the usual course 9.a.(1) above to provide in- of business, in surance, subject to the fol- connection with lowing additional provision: the distribution or This insurance applies only sale of the prod- with respect to the following ucts; hazards for which the state f) Demonstration, in- or political subdivision has stallation, servic- issued a permit in connec- ing or repair op- tion with premises you own, erations, except rent or control and to which such operations this insurance applies: performed at the 1) The existence, mainte- vendor's premises nance, repair, con- in connection with struction, erection, or the sale of the removal of advertising product; signs, awnings, cano- g) Products which, pies, cellar entrances, after distribution or coal holes, driveways, sale by you, have manholes, marquees, been labeled or hoist away openings, relabeled or used sidewalk vaults, street as a container, banners, or decora- part or ingredient tions and similar expo- of any other thing sures; or or substance by or 2) The construction, erec- for the vendor; or tion, or removal of ele- h) "Bodily injury" or vators;or "property damage" 3) The ownership, main- arising out of the tenance, or use of any negligence, acts elevators covered by or omissions of this insurance. the vendor, its Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 12 of 16 (e) Any state or political subdi- formed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an in- surance, subject to the fol- sured under this provision lowing provisions: of this endorsement contin- ues1 This insurance applies for only the period of pP time required by the written only with respect to op- contract or agreement, but erations performed by in no event beyond the ex- you or on your behalf piration date of this Cover- for which the state or age Part. If there is no writ- political subdivision has ten contract or agreement, issued a permit. or if no period of time is re- 2) This insurance does quired by the written con not apply to "bodily in- tract or agreement, a per- jury", "property dam- son or organization's status age" or "personal and as an insured under this advertising injury" aris- endorsement ends when ing out of operations your operations for that in- performed for the state sured are completed. or political subdivision. (3) Any insurance provided to an (f) For "your work" performed additional insured designated in Montana, any person or under Paragraph 9.a.(2): organization with which you (a) Subparagraphs (e), (f) and have agreed per Paragraph (g) do not apply to "bodily 9.a.(1) above to provide in- injury"or"property damage" surance, but only to the included within the "prod- extent that the liability is ucts-completed operations caused by "your work" per- hazard"; formed for that additional insured and only to the ex- (b) Subparagraphs (a), (d), (e) tent that such liability is and (g) do not apply to caused by your acts or "bodily injury", "property omissions or the acts or damage" or "personal and omissions of those acting advertising injury" arising on your behalf. A person or out of the sole negligence organization's status as an or willful misconduct of the insured under this provision additional insured or its of this endorsement contin- "employees"; or ues for only the period of time required by the written (c) Subparagraph (f) and (g) contract or agreement, but do not apply to "bodily in- in no event beyond the ex- jury", "property damage" or piration date of this Cover- personal and advertising age Part. If there is no writ- injury"arising out of: ten contract or agreement, 1) The rendering of, or or if no period of time is re- failure to render, any quired by the written con- professional services tract or agreement, a per- by you or on your be- son or organization's status half, but only with re- as an insured under this spect to either or both endorsement ends when of the following opera- your operations for that in- tions: sured are completed. For "your work" performed a) Providing engi- (g) teneering, architec- in the "coverage territory" tura) or surveying but not in Montana, any services to others; person or organization with and which you have agreed per Paragraph 9.a.(1) above to b) Providing, or hiring provide insurance, but only independent pro- with respect to liability aris- fessionals to pro- ing out of "your work" per- vide, engineering, Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 13 of 16 architectural or this Coverage Part. The limits of in- surveying services surance are inclusive of and not in in connection with addition to the limits of insurance construction work shown in the Declarations. you perform. c. SECTION IV - COMMERCIAL GEN- 2) Subject to Paragraph ERAL LIABILITY CONDITIONS is 3) below, professional hereby amended as follows: services include: (1) Condition 5. Other Insurance is a) Preparing, ap- amended to include: proving, or failing to prepare or ap- (a) Where required by a written prove, maps, shop contract or agreement, this drawings, opin- insurance is primary and / ions, reports, sur- or noncontributory as re- veys, field orders, spects any other insurance change orders, or policy issued to the addi- drawings and tional insured, and such specifications;and other insurance policy shall be excess and / or noncon- b) Supervisory or in- tributing, whichever applies, spection activities with this insurance. performed as part of any related ar- (b) Any insurance provided by chitectural or en- this endorsement shall be gineering activi- primary to other insurance ties. available to the additional insured except: 3) Professional services do not include services 1) As otherwise provided within construction in SECTION IV - means, methods, tech- COMMERCIAL GEN- niques, sequences and ERAL LIABILITY procedures employed CONDITIONS, 5. Other by you in connection Insurance, b. Excess with construction work Insurance; or you perform. 2) For any other valid and (d) Subparagraphs (f) and (g) collectible insurance do not apply to "bodily in- available to the addi- jury" or "property damage" tional insured as an arising out of"your work"for additional insured by which a consolidated (wrap- attachment of an en- up) insurance program has dorsement to another been provided by the prime insurance policy that is contractor / project man- written on an excess ager or owner of the con- basis. In such case, the struction project in which coverage provided un- you are involved. der this endorsement shall also be excess. b. Only with regard to insurance pro- vided to an additional insured desig- (2) Condition 11. Conformance to nated under Paragraph 9.a.(2) Sub- Specific Written Contract or paragraphs (f) and (g) above, SEC- Agreement is hereby added: TION III- LIMITS OF INSURANCE is 11. Conformance to Specific amended to include: Written Contract or The limits applicable to the additional Agreement insured are those specified in the a. With respect to addi- written contract or agreement or in tional insureds de- the Declarations of this Coverage scribed in Paragraph Part, whichever are less. If no limits 9.a.(2)(f)above only: are specified in the written contract or agreement, or if there is no written If a written contract or contract or agreement, the limits ap- agreement between plicable to the additional insured are you and the additional those specified in the Declarations of insured specifies that Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 14 of 16 coverage for the addi- and where the limits or tional insured: coverage provided to the additional insured is (1) Be provided by the more restrictive than Insurance Serv- was specifically re- ices Office addi- quired in that written tional insured form contract or agreement, number CG 32 87, the terms of Para- CG 21 78 or CG graphs 9.a.(3)(a), 32 90; or 9.a.(3)(b) or 9.b. (2) Include coverage above, or any combi- for completed op- nation thereof, shall be erations; or interpreted as providing the limits or coverage (3) Include coverage required by the terms for"your work"; of the written contract or agreement, but only and where the limits or to the extent that such coverage provided to limits or coverage is in- the additional insured is cluded within the terms more restrictive than of the Coverage Part to was specifically re- which this endorse- quired in that written ment is attached. If, contract or agreement, however, the written the terms of Para- contract or agreement graphs 9.a.(3)(a) or specifies the Insurance 9.b. above, or any Services Office addi- combination thereof, tional insured form shall be interpreted as number CG 20 10 but providing the limits or does not specify which coverage required by edition, or specifies an the terms of the written edition that does not 1 contract or agreement, exist, Paragraphs but only to the extent 9.a.3.b. and 9.b. of this that such limits or coy- endorsement shall not erage is included within apply and Paragraph the terms of the Cover- 9.a.(3)(a) of this en- age Part to which this dorsement shall apply. endorsement is at- tached. 10. Broadened Contractual Liability-Work Within 50'of Railroad Property b. With respect to addi- tional insureds de- It is hereby agreed that Paragraph f.(1) of scribed in Paragraph Definition 12. "Insured contract" (SEC- 9.a.(2)(g)above only: TION V-DEFINITIONS)is deleted. If a written contract or 11. Property Damage to Borrowed Equip- agreement between ment you and the additional insured specifies that a. The following is hereby added to Ex- coverage for the addi- clusion j. Damage to Property of tional insured: Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE a. Be provided by the A. BODILY INJURY AND PROP- Insurance Serv- ERTY DAMAGE LIABILITY: ices Office addi- tional insured form Paragraphs (3) and (4) of this exclu- number CG 20 10 sion do not apply to tools or equip- or CG 20 37 ment loaned to you, provided they (where edition are not being used to perform opera- specified);or tions at the time of loss. b. Include coverage b. With respect to the insurance pro- for completed op- vided by this section of the en- erations;or dorsement, the following additional provisions apply: c. Include coverage for"your work"; Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 15 of 16 (1) The Limits of insurance shown reimburse us for such part in the Declarations are replaced of the deductible amount as by the limits designated in Sec- has been paid by us. tion B. Limits of Insurance, 11. of this endorsement with respect 12. Employees as Insureds - Specified to coverage provided by this Health Care Services endorsement. These limits are It is hereby agreed that Paragraph inclusive of and not in addition to 2.a.(1)(d) of SECTION II - WHO IS AN the limits being replaced. The INSURED, does not apply to your "em- Limits of Insurance shown in ployees" who provide professional health Section B. Limits of Insurance, care services on your behalf as duly Ii- 11. of this endorsement fix the censed: most we will pay in any one "oc- currence" regardless of the a. Nurses; number of: b. Emergency Medical Technicians;or (a) Insureds; c. Paramedics, (b) Claims made or "suits" brought; or in the jurisdiction where an "occurrence" or offense to which this insurance applies (c) Persons or organizations takes place. making claims or bring "suits". 13. Broadened Notice of Occurrence (2) Deductible Clause Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, (a) Our obligation to pay dam- Claim or Suit (SECTION IV - COMMER- ages on your behalf applies CIAL GENERAL LIABILITY CONDI- only to the amount of dam- TIONS) is hereby deleted and replaced ages for each "occurrence" by the following: which are in excess of the Deductible amount stated in a. You must see to it that we are noti- Section B. Limits of Insur- tied as soon as practicable of an ance, 11. of this endorse- "occurrence" or an offense which ment. The limits of insur- may result in a claim. To the extent ance will not be reduced by possible, notice should include: the application of such De- (1) How, when and where the "oc- ductible amount. currence"or offense took place; (b) Condition 2. Duties in the (2) The names and addresses of Event of Occurrence, Of- any injured persons and wit- fense, Claim or Suit, ap- nesses; and plies to each claim or "suit" irrespective of the amount. (3) The nature and location of any (c) injury or damage arising out of We may pay any part or all the"occurrence" of the deductible amount to or offense. effect settlement of any This requirement applies only when claim or "suit" and, upon the"occurrence" or offense is known notification of the action to an "authorized representative". taken, you shall promptly Includes copyrighted material of Insurance GA 233 MT 05 10 Services Office, Inc.,with its permission. Page 16 of 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE 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: 04.22-2013 CPA 366 96 37 Named Insured: MORRISON - MAIERLE INC MORRISON-MAIERLE SYSTEMS CORP Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsements the provisions of the Coverage Form apply unless modified by the endorsement. 1. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surancE is replaced by the fdlowing: C. Regardless of the provisions of Para- graph a.above, this Coverage Form's Li- ability Coverage is primary and we will not seek contribution from any other in- surance for any liability assumed under an "insured contract"that requires liability to be assumed on a primary noncon- tributory basis, AA 417411 05 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: 12-31-2012 CPA 366 96 37 Named Insured: MORRISON - MAIERLE INC, MORRISON-MAIERLE SYSTEMS CORP, MORRISON-MAIERLE ARIZONA 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