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17-168.00 DeVries Moving & Storage: On-Call Moving Svcs 1114 AGREEMENT FOR SERVICES DeVries Moving and Storage THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Devries Moving and Storage,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 Scope of Services,attached as Exhibit A. 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. 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 for the 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, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31,2020 unless the time for performance is extended in writing by the Parties. Agreement for Services(without professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 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. The City agrees to pay Consultant up to $15,000 for all work requested by the City pursuant to this Agreement at the rates 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:Michael DeVries Phone:(509)720-5000 Phone: 509-924-6000 Address: 10210 East Sprague Avenue Address: 112 N Haven St. Spokane Valley,WA 99206 Spokane,WA 99202 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 statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more Agreement for Services(without professional liability coverage) Page 2 of 6 public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood and agreed 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,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. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3.Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. Agreement for Services(without professional liability coverage) Page 3 of 6 • B.Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1.Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for general aggregate. C.Other Insurance Provisions. The policies are to contain,or be endorsed to contain,the following provisions for automobile 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. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant,irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City,offset against funds due Consultant from the City. 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,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Agreement for Services(without professional liability coverage) Page 4 of 6 Consultant's duty to defend,indemnify,and hold City harmless 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 pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless 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,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. A waiver in one instance shall not 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 may assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior 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 mid 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. Agreement for Services(without professional liability coverage) Page 5 of 6 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,or granted a present or future gift, favor, service,or other thing of value from any person with an interest in this Agreement. 21.Business Registration. Prior to commencement of work under this Agreement,Consultant shall register with the City as a business if it has not already done so. 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. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this day oft"-PC PWIrJ ,20. CITY OF SPOKANE VALLEY Consultant: 4AL.. (1J - Mark .4,,, ) Q9,4,44--:;Calhoun,City Manager By:De ries Movi 6Packing& Storage Its: Authorized Representative AT ES hI It__ Christine Bainbridge,City Clerk APPROVED A 0 FORM: pi - Office 4 he Gt ttorney Agreement for Services(without professional liability coverage) Page 6 of 6 Scope of Work: • Devries will provide set pricing for a period of (3) years • Devries will provide certified Herman Miller installers on all modular service work • Hourly Rates based on regular business hours Monday- Friday • Overtime will be charged at 1 /2 times the normal hourly rate 3 Year Contract Pricing Lead Mover: $45.00 per hour Mover: $42.00 per hour Certified Installer: $45.00 per hour Truck and Equipment : $35.00 per hour Machine Carts: $2.00 per day Boxes: $2.50 per E-Crates: $2.00 per day Storage: 68 cents per square ft. wants Moving •Packing •Storage Waal,Interstate and Wortdwb• le twe a > 6, ;w, 1ri c lc_ 0 to c co VMS i 0 CNII 0 Le 1 1111 O17: 4 couN ri% ISM mpg _ IINI 0 43 Ca IV 41.1 Adi iii MOS 440 2 c...k...) /• ASR 'eMl fell CY) VI LL 0 c ..E WI moo 8 boa CUI co E 1 to _ lei(11c • f m c, , ,., ,, gM t 4 ramialegistziazah„. ., Deanna Horton City of Spokane Valley 10210 E Sprague Ave. Spokane Valley,WA 99206 November 17th, 2017 Deanna, In regards to the Herman Miller warranty we have spoken to Herman Miller directly and they have told us that you have a choice on who performs the service on your cubicles. When it comes to the warranty for manufacturer defects that need replacement parts that's when they would want a Herman Miller dealer involved. We have performed new furniture installs for a number of different manufacturers and have never ran into any kind of warranty issues. At DeVries we are confident in our crew and their abilities to perform your ongoing Herman Miller service work. We stand by our work and we will fix or replace any damages resulting from our services. Please feel free to contact us with any question or additional information you may need. Regardless if it's a warranty issue on any damages our insurance policy that we have in place for the City of Spokane Valley will cover it. Thanks again Deanna, we are looking forward to being your partner in all your relocation and installation needs. Thank you, • Mike DeVries President DeVries Moving Packing and Storage 112 N Haven Ste. B Spokane, WA 99202 wanes Moving •Packing •Storage Local.Interstate and Worldwide Client#: 146291 JIMSTRAN ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 12/05/2017 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 Marina Patoc Propel Insurance PHONE 800 499-0933 FAX 866 577-1326 (A/C,No,Ext): (A/C,No): Seattle Commercial Insurance ADDRESS: Marina.Patoc@propelinsurance.com 925 4th Ave,Suite 3200 INSURER(S)AFFORDING COVERAGE NAIC# Seattle,WA 98104 INSURERA:Transguard Insurance Company of 28886 INSURED INSURER B: Jim's Transfer,Inc. INSURER C: DeVries Moving PackingStorage INSURER D: 112 N Haven Ste.B Spokane,WA 99202 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. LTR TYPE OF INSURANCE NSR ADDL SWVD POLICY NUMBER (UBR MMIDDY/YYYY) (POLICY M/DD YYXYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X TCP000041704 12/03/2017 12/03/2018 EEACHOCCUR��RENCE $1,000,000 PREMISE CLAIMS-MADE X OCCUR S?Eaoccurrence) $100,000 X Medical Expenses for MED EXP(Any one person) $5,000 Temp Workers:$50K PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY TCP000041704 12/03/2017 12/03/2018 COMBccideINEDnt)SINGLE LIMIT $1r 000�000 (Ea a ANY AUTO BODILY INJURY(Per person) $ ALL OWNED x SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) X Trlr Intchg• 150,000 Lmt $ A X UMBRELLA LIAB X OCCUR TC0000037104 12/03/2017 12/03/2018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10,000 $ A WORKERS COMPENSATION TCP000041704 12/03/2017 12/03/2018 ST TUTE x 24H - AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) Employer's Liab E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Cargo Legal Liab TCP000041704 12/03/2017 12/03/2018 $250,000 Any One Loss $5,000 Ded $500,000 Agg in Transit Whse Legal Liab** Cargo&Wrhse SEE WHRSE INFO BELOW DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) **Warehouse Locations&Limits: 112 N.Haven,Spokane,WA:$600,000 limit 25 N.Fisk,Spokane,WA:$600,000 limit (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof$ okane ValleySHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Spokane THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 E.Sprague Ave.Suite 106 ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE i7. v'�c .,941.46 ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) 1 of 2 The ACORD name and logo are registered marks of ACORD #S2975079/M2974155 TMTOO DESCRIPTIONS (Continued from Page 1) City of Spokane Valley is included as additional insured per the attached. SAGITTA 25.3(2014/01) 2 of 2 #S2972926/M2972500 1eOA COMMERCIAL GENERAL LIABILITY ®TRANSGUARD, 064043 03/17 A Member of the.jINXURANCP GROUP GENERAL LIABILITY COVERAGE FORM ENHANCEMENTS, LIMITATIONS AND CLARIFICATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM PREMIUM CHARGE FOR ENHANCEMENT COVERAGES: $ As Shown in the Declarations SCHEDULE LIMIT OF INSURANCE (If Applicable) COVERAGE DESCRIPTION ❑ Standard ❑ Option A ® Option B 1. General Aggregate Limit $2,000,000 $2,000,000 $3,000,000 2. Damage to Premises Rented to You $100,000 $500,000 $1,000,000 3 Primary and Noncontributory-Other Insurance Provi- Included Included Included sion 4. Waiver—Transfer of Rights of Recovery Included Included Included 5. Broadened Named Insured for New Ventures Included Included Included 6. Blanket Additional Insured for Written Contracts Included Included Included 7. Liberalization Included Included Included 8. Exclusion of Property Entrusted Included Included Included 9 Limited Expansion of Coverage without a Written Con- Included Included Included tract—45 Day Coverage Limitation 10. Clarification of Employment Status Included Included Included 11. Medical Payments Coverage $5,000 $10,000 $25,000 12. Medical Payments for Temporary Workers $50,000 $75,000 $100,000 The items listed in the SCHEDULE are provided as additions to your insurance program. The following changes are made to the COMMERCIAL GENERAL LIABILITY COVERAGE Section of this Policy: 1. GENERAL AGGREGATE LIMIT: 2. DAMAGE TO PREMISES RENTED TO YOU: The General Aggregate Limit (Other than Prod- The Damage to Premises Rented to You Limit ucts-Completed Operations) shown in the (any one premises) shown in the Declarations Declarations form 062003 is replaced with the form 062003 is replaced with the Limit indicated Limit indicated in the SCHEDULE. in the SCHEDULE. 3. PRIMARY AND NONCONTRIBUTORY TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 064043 03/17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 4 Form CG 20 01 – Primary and Noncontributo- ance afforded to such additional insured ry—Other Insurance Condition is attached to this will not be broader than that which you policy. are required to provide by the written 4. WAIVER-TRANSFER OF RIGHTS OF contract or written agreement; and RECOVERY 3. The coverage afforded to the additional Form CG 24 04–Waiver of Transfer of Rights of insured by this enhancement does not Recovery Against Others to Us is added to this ppply to "property damage" to personal policy. property that is in the care, custody or control of any insured. In the SCHEDULE on CG 24 04 this phrase is B. With respect to the insurance afforded to inserted: "Any person or organization with these additional insureds, the following addi- whom you have a written contract requiring this tional exclusions apply: condition." BROADENED NAMED INSURED FOR NEW This insurance does not apply to"bodily inju- 5. VENTURES ry", "property damage", or "personal and advertising injury"occurring after: In form CG 00 01 –Commercial General Liability 1. All work on the project to be performed Coverage Form, Section II, Paragraph 3.a.is de- on behalf of the additional insured or at leted and replaced with the following: the location of the additional insured has a. Coverage under this provision is afforded been completed; or only until the 270th day after you acquire or 2. That portion of"your work" out of which form the organization or the end of the policy the injury or damage arises has been period,whichever is earlier; put to its intended use or after your work 6. BLANKET ADDITIONAL INSURED FOR on the project has been completed. WRITTEN CONTRACTS C. With respect to the insurance afforded to A. In form CG 00 01 –Commercial General Li- these additional insureds, the following is ability Coverage Form, Section II – Who Is added to Section III–Limits of Insurance: An Insured is amended to include as an ad- Since coverage is provided to the additional ditional insured the person(s) or insured as required by a contract or agree- organization(s) you are required to name as ment, the most we will pay on behalf of the an additional insured on this policy through additional insured is the minimum amount of an written agreement or written contract en- insurance: tered into between you and such additional insured in effect during the policy period and 1. Required by the written contract or writ- signed by you and the additional insured ten agreement; or prior to the commencement of work. 2. Available under the applicable limits of in- This additional insured status only applies surance shown in the Declarations, with respect to liability for "bodily injury", whichever is less. These limits are inclusive "property damage" or "personal or advertis- and not in addition to the limits of insurance ing injury"caused in whole or in part by: shown in the declarations or the schedule. 1. Your acts or omissions; or D. Form 064044 – Additional Insured – Re- t. The acts or omissions of those acting on quired by Written Contract or Written your behalf: Agreement may be issued to any additional insured to reflect the provisions of this coy- In the performance of your ongoing opera- erage enhancement. tions for the additional insured(s). 7. LIBERALIZATION However: In form CG 00 01 –Commercial General Liability 1. The insurance afforded to such addi- Coverage Form, Section IV, the following Para- tional insured only applies to the extent graph is added at the end of the section: permitted by law: and Liberalization 2. As the coverage provided to the addi- If at any time during the current policy period we tional insured is required by a written adopt a change in our forms or rules which contract or written agreement, the insur- TRANSGUARD INSURANCE COMPANY OF AMERICA,INC. 064043 03/17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 4 would broaden the coverage provided by any prior to the commencement of "your work" form that is a part of this Coverage Part without for the additional insured. an extra premium charge, the broader coverage C. With respect to the insurance afforded to will apply to this policy. This extension is effec- these additional insureds, the following addi- tive upon the approval of such broader coverage in your state. tional exclusions apply: 8. EXCLUSION OF PROPERTY ENTRUSTED This insurance does not apply to"bodily inju- ry", "property damage" or "personal and Form CG 22 29 — Exclusion — Property Entrust- advertising injury"occurring after: ed is added to this policy. 1. All work on the project to be performed The SCHEDULE on form CG 22 29 is amended on behalf of the additional insured or at as follows: the location of the additional insured has Operations: been completed; or Security and Patrol Agencies 2. That portion of"your work" out of which the injury Warehouses—cold individual storage lockers damagearisesbeen work put to its intended use or after your wo Warehouses—mini-warehouses on the project has been completed ; or Moving&Storage Operations Self-Storage Facilities 3. 45 days after notification to us as out- Mobile Self-Storage Facilities lined in Paragraph B.above. 9. LIMITED EXPANSION OF COVERAGE D. With respect to the insurance afforded to WITHOUT A WRITTEN CONTRACT—45 DAY these additional insureds, the following is LIMITATION added to Section III—Limits of Insurance: A. In form CG 00 01 —Commercial General Li- Since coverage provided to the additional ability Coverage Form, Section II — Who Is insured is not required by a written contract An Insured is amended to include as an ad- or written agreement, the most we will pay ditional insured the person(s) or on behalf of the additional insured is the organization(s) which you have agreed to amount of insurance available under the ap- add as an additional insured on this policy. plicable limits of insurance shown in the This additional insured status only applies Declarations. These limits are inclusive and not in addition to the limits of insurance with respect to liability for "bodily injury", "property damage" or "personal and adver- shown in the declarations or the schedule. tising injury"cause in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on E. Form 064045 —Additional Insured — Desig- your behalf: nated Person or Organization — 45 Day In the performance of your ongoing opera- Coverage Period may be issued to any addi- In h for the adaitional insured( g tional insured to reflect the provisions of this ticoverage enhancement. However: 1. The insurance afforded to such addi- 10. CLARIFICATION OF EMPLOYMENT STATUS tional insured only applies to the extent In form CG 00 01 —Commercial General Liability permitted by law: and Coverage Form, Section V— Definitions, Defini- 2. The coverage afforded to the additional tion 5. Is deleted and replaced with the following: insured by this enhancement does not 5. "Employee" includes a "leased worker", an apply to "property damage" to personal independent contract driver, or owner opera- property that is in the care, custody or tor who derive a minimum of 65% of their control of any insured. annual income from operations for you. B. It is a condition of the coverage granted to "Employee" does not include a "temporary the additional insured under this provision worker". that the name and address of such person or organization, as well as a complete de- scription of "your work", be provided to us TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 064043 03/17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 4 11. MEDICAL PAYMENTS COVERAGE 12. MEDICAL PAYMENTS COVERAGE FOR The Medical Expenses Limit, any one person TEMPORARY WORKERS shown in the Declarations form 062003 is re- In Form CG 00 01, Section I, Coverage C— placed with the Limit indicated in the Medical Payments, exclusion 2.b. is replaced by SCHEDULE. the following: b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured ex- cept a"temporary worker". In Form CG 00 01, Section III—Limits of Insur- ance, Paragraph 7. Is deleted and replaced by the following: 7. Subject to Paragraph 5. Above and in the absence of any other valid and collectible insurance, the Limit shown in the SCHEDULE is the most we will pay under Coverage C for all medical expenses be- cause of "bodily injury" sustained by a "temporary worker". This change does not alter the Medical Expense Limit for individuals who are not "temporary workers". TRANSGUARD INSURANCE COMPANY OF AMERICA,INC. 064043 03/17 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 4 W COMMERCIAL AUTO TRANSQUARDm � � +++ �µ+f+ 014089 01/11 MOTOR CARRIER COVERAGE FORM ENHANCEMENTS This endorsement modifies insurance provided under the following: MOTOR CARRIER COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Name of Insured: Policy Number: Effective Date: Countersigned By (Authorized Representative) SCHEDULE PREMIUM CHARGE FOR ENHANCEMENT COVERAGES: $ COVERAGE DESCRIPTION LIMIT OF INSURANCE (If Applicable) I. Broadened Named Insured—New Ventures INCLUDED II. Additional Insured Coverage and Waiver of Subrogation INCLUDED III. Hired Auto Physical Damage Coverage $75,000 IV. Trailer Interchange Coverage $50,000 V. Other Coverage for Hired Vehicles INCLUDED VI. Communication Equipment Coverage $1,500 VII. Rental Reimbursement Coverage $1,500 VIII. Extended Towing Coverage $750 Per Disablement IX. Extended Glass Coverage INCLUDED X. Amendment of Valuation Basis INCLUDED XI. Incidental Garagekeepers Liability $35,000 XII. Expanded Medical Payments for"Temporary Workers" $50,000 The items listed in the SCHEDULE are provided as additions to your insurance program. The Motor Carrier Coverage Form, CA 00 20, is f. Any organization you own on the inception of amended as follows: this policy, or newly acquire or form during the I. Broadened Named Insured--New Ventures policy period, and over which you maintain majority ownership or majority interest during SECTION II — LIABILITY COVERAGE, A. the policy period will qualify as a Named Coverage, 1. Who Is An Insured, the following Insured if: is added after Paragraph e.: (1) There is no other similar insurance available to that organization; and TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 014089 01/11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 5 (2) The first Named Insured shown in the g. Any person or organization with respect to the Declarations of this policy has the ownership, maintenance, or use of a covered responsibility of placing insurance for that "auto", provided that you and such person or organization; and organization have agreed under an express (3) The organization is incorporated or provision in a written "insured contract" or organized under the laws of any state of written agreement, or a written permit issued to you by a governmental or public authority, to the United States of America, or the add such person, organization, or District of Columbia, and the business of governmental or public authority to this policy is that organization is relocation, an additional"insured". transportation or storage or is directly associated with the relocation, However, such person, organization, or transportation or storage business. governmental or public authority is an additional"insured": However: (1) Only with respect to the ownership, (a) Coverage under this provision is maintenance or use of a covered "auto"; afforded only until the next occurring and 12 month anniversary of the beginning of the policy period shown (2) Only for "bodily injury" or "property in the Declarations,or the end of the damage" caused by an "accident" arising policy period, whichever is earlier; out of your operations under the "insured and contract", written agreement, or permit (b) Coverage under this provision does which takes place after: not apply to "bodily injury" or (a) You executed the "insured contract" or "property damage" that results from written agreement; or an "accident" that occurred before (b) The permit has been issued to you. you acquired or formed the organization;and In SECTION V — MOTOR CARRIER (c) No person or organization is an CONDITIONS, A. Loss Conditions, 5. Transfer "insured" with respect to any current Of Rights Of Recovery Against Others To Us, or past partnership, or joint venture the following is added to the end of A.5.: that is not shown as a Named Waiver of Subrogation Insured in the Declarations; and If required because of: (d) Coverage under Paragraphs a. b. and c. above does not apply to any a. A written "insured contract" or written organization that is covered as an agreement executed prior to the"accident"; insured under any other automobile or liability insurance policy whose limits b. A written permit issued to you by a of insurance have been exhausted, governmental or public authority prior to the whose insurer has become insolvent, "accident"; or for which coverage for any claim or"suit"has been denied. we waive any right of recovery we may have against any person or organization named in II. Additional Insured Coverage and Waiver of such contract,agreement or permit,because of Subrogation payments we made for injury or damage arising SECTION II — LIABILITY COVERAGE, A. out of a covered "auto". Coverage, 1. Who Is An Insured, the following is added after Paragraph e.: TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 014089 01/11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 5 III. Hired Auto Physical Damage Coverage The Maximum Value of any individual trailer as If PHYSICAL DAMAGE COVERAGE is provided described above will be the amount shown in the Schedule. All other terms and conditions of by this policy on your owned covered"autos", the following applies: SECTION III — TRAILER INTERCHANGE COVERAGE will apply. Any "auto" that you lease, hire, rent or borrow V. Other Coverage for Hired Vehicles without a driver will be covered under this policy for PHYSICAL DAMAGE COVERAGE. If UNINSURED MOTORISTS COVERAGE or However any such "auto": UNDERINSURED MOTORISTS COVERAGE or a. Will be covered only for PHYSICAL any state-specific equivalent coverage is provided DAMAGE COVERAGE to the same extent by this policy on your owned covered "autos", the that applies to your owned covered "autos"; following applies: b. Will be subject to the same applicable Any "auto" that you lease, hire, rent or borrow deductible shown in the Declarations that without a driver will be covered under this applies to your most similar owned covered policy for UNINSURED MOTORISTS "auto"; COVERAGE or UNDERINSURED MOTORISTS COVERAGE or any state-specific c. The most we will pay for any one "loss" in equivalent coverage. Any such "auto" will be any one "accident" is the lesser of the covered only for the same UNINSURED following: MOTORISTS COVERAGE or (1) Actual Cash Value of the damaged or UNDERINSURED MOTORISTS COVERAGE stolen property as of the time of the or any state-specific equivalent coverage that "loss"as determined by us; applies to your most similar owned covered "autos". (2) The cost of repairing or replacing the This coverage does not apply to any "private damaged or stolen property with other passenger type" "auto" you lease, hire, rent or property of like kind and quality;or borrow from any member of your household, (3) The Limit of Insurance shown in the any of your"employees", partners (if you are a Schedule. partnership), members (if you are a limited However this coverage does not apply to any liability company), or agents or members of their households. "private passenger type" "auto" you lease, hire, rent or borrow from any member of your VI. Communication Equipment Coverage household, any of your "employees", partners (if In SECTION IV — PHYSICAL DAMAGE you are a partnership), members (if you are a COVERAGE, B. Exclusions, 3. after "Exclusions limited liability company), or agents or members of their households. 2.e. and 2.f. do not apply to:", Paragraph b. is deleted and replaced with the following: IV. Trailer Interchange Coverage b. Any other electronic or communication Symbol 69 — "Trailers" In Your Possession equipment that is: Under A Written Trailer Or Equipment (1) Necessary for the normal operation of the Interchange Agreement is added to the Motor covered "auto" or the monitoring of the Carrier Coverage Form Declarations. covered "auto's"operating system; or If PHYSICAL DAMAGE COVERAGE is provided (2) An integral part of the same unit housing by this policy on your owned covered "trailers", any sound reproducing equipment the same physical damage coverage and described in a. above and permanently deductibles will apply to "trailers" in your installed in the opening of the dash or possession under a written Trailer or Equipment console of the covered "auto" normally Interchange Agreement. used by the manufacturer for installation of If PHYSICAL DAMAGE COVERAGE is not a radio; or provided by this policy on your owned covered "trailers", then $500 Deductible Comprehensive Coverage and $1,000 Deductible Collision Coverage applies to "trailers" in your possession under a written Trailer or Equipment Interchange Agreement. TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 014089 01/11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 5 (3) Permanently installed in the covered (4) This coverage does not apply while there "auto" at the time of the "loss" and such are spare or reserve "autos" available to equipment is designed to be solely you for your operations. For this restriction operated by use of power from the to apply such spare or reserve "autos" "auto's" electrical system. This coverage must be located no further than 50 miles also applies to antennas and other from the location of the"loss". accessories necessary for the use of the (5) If "loss" results from the total theft of a electronic equipment. covered "private passenger type" "auto", However, the most we will pay for "loss" is we will pay under this coverage only that Limit of Insurance shown in the Schedule and amount of your covered rental expenses or no deductible applies to this coverage. additional transportation expenses which VII.Rental Reimbursement Coverage are not already provided for under PHYSICAL DAMAGE COVERAGE In SECTION IV — PHYSICAL DAMAGE Extensions. COVERAGE, A. Coverage, the following is VIII. Extended Towing Coverage added to the end of Paragraph 4. Coverage Extension: In SECTION IV — PHYSICAL DAMAGE Rental Reimbursement Expenses COVERAGE, A. Coverage, 2. Towing — Private Passenger Type Autos is deleted and replaced by If"loss"occurs to a covered "auto" described the following: or designated in the Declarations or 2. Extended Towing Schedule and covered for PHYSICAL DAMAGE COVERAGE, we will pay for rental We will pay up to the Limit of Insurance shown expenses for the rental of a similar in the Schedule per disablement for towing and replacement "auto" and additional labor costs you incur each time your covered transportation expenses incurred by you. "auto"is disabled. However: This payment applies in addition to the a. All labor must be performed at the place of otherwise applicable amount of each disablement;and coverage you have on the covered "auto". No deductible applies to this coverage. b. If the covered "auto" is of the "private However: passenger type"no deductible applies; and (1) We will pay only for those expenses c. If the covered "auto" is not of the "private incurred by you that begin 24 hours after passenger type", our obligation to pay will the covered"loss". be subject to a $250 deductible per disablement. (2) We will cease paying for those expenses, IX. Extended Glass Coverage regardless of the policy's expiration date, at the earlier of the following dates: In SECTION IV — PHYSICAL DAMAGE (a) The number of days reasonably COVERAGE, A. Coverage, 3.a. is deleted and required to repair or replace the replaced by the following: covered"auto". If"loss"is caused by 3. a. Glass breakage. If glass must be replaced, theft,this number of days is added to the deductible will be $100 or the the number of days it takes to locate deductible shown in the Declarations, and return the covered "auto"to you; whichever is less. If glass can be repaired or rather than replaced, the deductible will be (b) 45 days from the date this coverage waived. You have the option of having the begins. glass repaired rather then replaced. (3) Our payment is limited to the lesser of X. Amendment of Valuation Basis the following amounts: In SECTION IV — PHYSICAL DAMAGE (a) Necessary and actual expenses COVERAGE,C. Limits of Insurance, 3. is deleted incurred by you;or and replaced with the following: (b) The Limit of Insurance shown in the Schedule. TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 014089 01/11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 of 5 3. An adjustment for depreciation and physical XII.Expanded Medical Payments for "Temporary condition will be made in determining actual Workers" cash value in the event of a"loss". If a limit of coverage appears in the Schedule, then The "actual cash value" means the cost of a the AUTO MEDICAL PAYMENTS COVERAGE vehicle of like kind, quality, and age plus the Form CA 99 03, or any state-specific equivalent additional cost of any specialized or custom coverage, is attached to the policy and the following modifications to the insured "auto". These additional provision applies: additional costs can include special cargo boxes, lift gates or loading ramps, special We will pay reasonable expenses incurred for painting of trade marks or logos, or necessary medical and funeral services to or specialized suspension systems. for a "temporary worker" who sustains "bodily injury" caused by an "accident". We will pay These additional costs do not include normal only those expenses incurred, for services repair, maintenance, or upkeep. rendered within three years from the date of the XI. Incidental Garagekeepers Liability "accident". Form CA 99 37 — GARAGEKEEPERS The most we will pay is the Limit of Insurance COVERAGE or any state-specific equivalent shown in the Schedule, except as described coverage on an Excess Insurance basis is below, all other terms and conditions of AUTO included at any scheduled location of the insured MEDICAL PAYMENTS COVERAGE Form CA with the following limits and deductibles: 99 03 are applicable to this extension of coverage. Coverage Limit of Insurance The Limit of Insurance applicable to "temporary Comprehensive Limit of Insurance shown in the workers" is separate and distinct from the Limit of Schedule minus$500 Insurance otherwise shown on the Declarations for Deductible Medical Payments. Specified Causes Not Applicable In the AUTO MEDICAL PAYMENTS COVERAGE of Loss Form CA 99 03, Section E. Changes in Collision Limit of Insurance shown in the Conditions does not apply to this coverage Schedule minus$1,000 enhancement. The following provisions do apply: Deductible 1. This coverage enhancement is excess over any other insurance that may apply to the "temporary worker;"and 2. If any person for whom we make payment under this coverage enhancement has rights to recover damages from another, those rights are transferred to us. That person must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. TRANSGUARD INSURANCE COMPANY OF AMERICA, INC. 014089 01/11 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 5 Deanna Horton City of Spokane Valley 10210 E Sprague Ave. Spokane Valley, WA 99206 Deanna, Please add this addendum to our pricing page on our 3 year service contract we have submitted to the City of Spokane Valley. We will use these rates when we are performing a specific project that requires us to use prevailing wages. When you specify that a project requires these rates we will bill them and pay our employees according to the prevailing wage guidelines. Please review the information provided, feel free to ask any question or request any changes. Thanks again Deanna and we are looking forward to being your preferred service provider. Thank you, • Mike DeVries President Devries Moving Packing and Storage 112 N Haven Ste. B Spokane, WA 99202 .ines Moving •Packing •Storage Local,Madigan,and Werldwld• 3 Year Contract Pricing Prevailing Wage Rate When Required Lead Mover: $90.00 per hour Mover: $84.00 per hour Certified Installer: $90.00 per hour wei it les Moving •Packing •Storage Local,Interstate and Worldwide