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16-014.00 Benthin & Associates: Pines & Mirabeau Survey Svcs AGREEMENT FOR PROFESSIONAL SERVICES 16-014 Survey Services for the Pines Rd(SR 27)&Mirabeau Parkway Intersection Project With Benthin and Associates THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City"and Benthin and Associates, hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services,schedule and date of completion. The Scope of Services is attached hereto as Exhibit 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. Agreement for Professional Services Page I of 6 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by February 1,2016,unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least ten days'prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by ten days'written notice to Consultant. In the event of termination without breach,City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of — $4,300 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: Walt Dale,President Phone:(509)921-1000 Phone:509-325-4529 Address: 11707 East Sprague Ave, Suite 106 Address: 1004 N.Atlantic St. Spokane Valley,WA 99206 Spokane,WA 99201-2209 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal,state,and Iocal 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 or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal,state, or local)transaction or contract under a public transaction;violation of federal or state antitrust statues or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental Agreement for Professional Services Page 2 of 6 entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood,agreed and declared that Consultant shall be an independent contractor,and not the agent or employee of City,that City is interested in only the results to be achieved,and that the right to control the particular manner,method and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant.The Consultant shall be solely responsible for the conduct and actions of allits 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 ofConsultant'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 0I 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. Agreement for Professional Services Page 3 of 6 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 4.Professionalliability insurance appropriate to Consultant's profession. B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of 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. Agreement for Professional Services Page 4 of 6 ConsuItant's duty to defend,indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of(a)City or City's agents or employees, and(b)Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant,Consultant's agents,subcontractors,subconsultants and employees. Consultant's duty to defend,indemnify and hold City harmless shall include,as to all claims,demands,losses and liability to which it applies,City's personnel-related costs,reasonable attorneys'fees,and the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs,fees for collection,and all other claim-related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages,compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided,that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City,and does not include,or extend to,any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13.Waiver. No officer,employee,agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be takenand 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 ofCity 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). Agreement for Professional Services Page 5 of 6 19.Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor,service or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business. 22.Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction,such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 23.Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Benthin&Associates Rate Schedule C. Insurance Certificates The Parties have executed this Agreement thi/ day of 2� CITY a F SPOKANE VALLEY Consultant: _At._ /(1 +�Ik /111f e ackson, or Manager Its: Authorized Representative ATTEST APPROVED AS TO FORM: ,VA.") k ,A-34,11/111/V Christine Bainbridge,Ci Clerk OffoUfthe Ci P ;L'at41-, g , ty omey Agreement for Professional Services Page 6 of 6 Scope of Surveying Services Pines Rd (SR27) Mirabeau Parkway Intersection Project The scope of services consists of providing surveying field crew, equipment and office calculations for the following 3 tasks: Task 1 Task 1 will be to locate on the base map the Section Corner for Sections 3, 4, 9, and 10, T25N, R 44E. Task 2 Task 2 will be to provide topographic mapping of the project area. The Consultant shall obtain survey data on all legs within 300 feet of the center of the intersection centerline. The survey data collected shall include the following: 1. Location and elevation of all signal system pole and Controller foundations and junction boxes. This includes the advance loop junction boxes located approximately 270 north and south of the intersection. 2. Location and elevation of all aerial power lines and communications underbuild around the intersection where the proposed signal mast arms will conflict. 3. Locate all pavement markings. 4. Provide topographic mapping of the northwest quadrant of the intersection collecting: a. Drywell elevations at lid, bottom of cone and bottom of drywell b. West side gutterline at Mirabeau Rd centerline, 25', 50', 75' and 100' north. c. Pines Road Crown Elevation at intersection center and at 25', 50', 75' and 100' north. d. Locate underground utilities from existing drywell and north 20 feet from lane line to back of existing sidewalk. 5. Locate additional monument to provide Basis of Bearing. Based on title report legal descriptions,place property and right-of-way lines on the completed topo map. 6. As-built existing pedestrian ramps at the four corners and provide elevations for all breakpoints and concrete panel corners extending 15 feet past each ramp end. The City will clear the existing ramps of snow prior to the survey. The Consultant to be responsible for coordinating utility locates prior to conducting the survey. The Consultant shall also be responsible for all traffic control. The consultant shall prepare and submit a Traffic Control Plan for review and approval to the City of Spokane Valley Traffic Engineer 5 working days prior to starting work. A ROW Construction Permit is not required from the City of Spokane Valley. Consultant to provide data collector files, ASCII point file, copies of all field notes, an electronic drawing in AutoCAD,version 2012 or later,relevant project data and drawing files such as TINS, DTM's, alignments, and breaklines. Walt Dale Jan 4, 2016 Revised RFQ Page 2 of 2 Electronic copies of the AutoCAD version 2012 or later drawing file(s) in accordance with City of Spokane Valley standards shall be provided to the City upon completion of the survey drawing. A CD of a City of Spokane Valley prototype drawing, with the appropriate files, with a read-me document, will be provided prior to this survey being conducted. The read-me file will explain the location of certain files so point descriptions and line types will match the provided code sheet. Task 2 work shall begin within 7 working days after the City directs you to proceed and will complete work within 15 working days. Task 3 • Task 3 will be for miscellaneous on-call survey field work up to $1,000 on a time and materials basis. Task 3 work shall begin within 7 working days after the City requests the work. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The pages entitled "2016 Hourly Minimum Fee Schedule" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(E). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. • AccoRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1/5/2016 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 LeZette Brewton NAME: Assurance Risk Managers, Inc. PH No.Extl: (303)454-9562 (NC,No):(303)454-9564 10651 East Bethany Drive AIL ADDRESS:lezette.brewton@arm-i.com Suite 300 INSURER(S)AFFORDING COVERAGE NAIC# Aurora CO 80014-2688 INSURERA:RLI Insurance Co 13056 INSURED INSURER B Hanover Insurance Company 22292 Dale & Dale, LLC, DBA: Benthin & Associates; North INSURERC: 1004 N. Atlantic St INSURERD: INSURER E: Spokane WA 99201 INSURER F: COVERAGES CERTIFICATE NUMBER:CL154724163 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 LIMITS LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 1,000,000 X PSB0002991 3/1/2015 3/1/2016 MED EXP(Any one person) $ 10,000 PERSONAL 8ADVINJURY _ $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 'E LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Stopgap Liablity-WA $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ X ANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS AUTOS PSA0001419 3/1/2015 3/1/2016 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) _ Underinsured motorist $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTIONS $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE 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 $ B Professional Liability LH4 A234519 3/1/2015 3/1/2016 PerClaim $1,000,000 Claims—Made Policy Aggregate $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) RE: Pines Rd (SR 27) & Mirabeau Parkway Intersectin Project. With respects to services provided by the named insured, the City of Spokane Valley is included as an Additional Insured on a primary and non-contributory basis as required by contract. CERTIFICATE HOLDER CANCELLATION caldworth@spokanevalley.or SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E. Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Suite 106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE Lisa Isom/DAWN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014011 4. This provision does not apply to any (1) Only if the "bodily injury", "property dam- organization for which coverage is excluded by age" or "personal and advertising injury" another endorsement to this policy. is caused, in whole or in part, by you or any person or organization performing J. Who Is An Insured — Unnamed Partnership Or Joint Venture operations on your behalf, and arises out of the ownership, maintenance or 1. The last paragraph of Section II C. Who Is An use of that part of any premises leased Insured is deleted and replaced by the to you under that contract or agreement; following: or No person or organization is an insured with (2) The "bodily injury", "property damage"or respect to the conduct of any current or past "personal and advertising injury" is partnership, joint venture or limited liability caused, in whole or in part, by you or company that is not shown as a Named Insured any person or organization performing in the Declarations. However this limitation does operations on your behalf, and arises not apply to your liability with respect to your out of the maintenance, operation or use conduct of the business of any current or past of equipment leased to you by such partnership or joint venture: additional insured. a. That is not shown as a Named Insured in 2. The insurance provided to such additional in- the Declarations; and sured under this provision is subject to the b. In which you are a member or partner but following: only if: a. The limits of insurance afforded to such (i) Each and every member or partner in additional insured shall be the limits which that joint venture or partnership is not a you agreed to provide in the contract or construction contractor; and agreement, or the limits shown in the Declarations, whichever are less; and (ii) The joint venture or partnership is not providing construction contracting b. The insurance afforded to such additional services. insured does not apply: 2. This provision does not apply to any person or (1) To any "bodily injury" or "property dam- organization for which coverage is excluded by age" that occurs, or "personal and another endorsement to this policy. advertising injury" caused by an offense 3. The insurance provided by this provision shall committed, after you cease to be a be excess over any valid and collectible other tenant in that premises; insurance, whether primary, excess, contingent (2) To any structural alterations, construc- or on any other basis, which is available tion or demolition operations performed covering your liability with respect to your by or on behalf of such additional conduct of the business of any current or past insured; partnership or joint venture that is not shown as a Named Insured in the Declarations and which (3) To any premises for which coverage is is issued to such partnership or joint venture. excluded by another endorsement to K. Additional Insured — Owner, Manager Or Lessor this Coverage Part; Of Premises Or Leased Equipment (4) To any "bodily injury" or "property dam- Section II C. Who Is An Insured is amended to age" that occurs, or "personal and include as an insured: advertising injury' caused by an offense committed, after the equipment lease 1. Any person or organization that you have expires; or agreed in a contract or agreement to include as an additional insured on this policy, but: (5) If the equipment is leased with an operator. a. Only with respect to liability for"bodily injury" or "property damage" that occurs, or 3. This provision does not apply on any basis to "personal and advertising injury" caused by any person or organization for which coverage an offense committed, after you have as an additional insured specifically is added by entered into that contract or agreement; and another endorsement to this policy. PPB 316 11 13 Page4of7 tip-o i'-I pM) A�D CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 3/1/2016 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 LeZette Brewton NAME: Assurance Risk Managers, Inc. (aCN EM). (303)454-9562 (A/C,No):(303)454-9564 10651 East Bethany Drive E-MAILADDREss:lezette.brewton@arm-i.com Suite 300 INSURERS)AFFORDING COVERAGE AIC# Aurora CO 80014-2688 INSURERARLI Insurance Co 13056 INSURED INSURER B Hanover Insurance Company 22292 Dale & Dale, LLC, DBA: Benthin & Associates INSURERC: 1004 N. Atlantic St INSURERD: INSURER E: Spokane WA 99201 INSURER F: COVERAGES CERTIFICATE NUMBER:2016-2017 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE AINSD SWVD POLICY NUMBER (MM/DDY/YYYY) (MM/DDIIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE A CLAIMS-MADE X OCCUR PREM SESO(Ea occurrence) $ 1,000,000 X PSB0002991 3/1/2016 3/1/2017 MED EXP(Any one person) $ 10,000 1 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X Tei LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Stopgap Liablity-WA $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) _ A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED PSA0001419 3/1/2016 3/1/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident) PIP-Basic $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N SH- TATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVEN/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 $ B PROFESSIONAL LIABILITY LH4 A234519 3/1/2016 3/1/2017 EACH CLAIM $1,000,000 CLAIMS-MADE POLICY AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE: Pines Rd (SR 27) & Mirabeau Parkway Intersectin Project. With respects to services provided by the named insured, the City of Spokane Valley is included as an Additional Insured on a primary and non-contributory basis as required by contract. CERTIFICATE HOLDER CANCELLATION caldworth@spokanevalley.or SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E. Sprague Avenue ACCORDANCE WITH THE POLICY PROVISIONS. Suite 106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE LeZette Brewton/LAURA 441-141t4-42%, e ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014nn