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18-049.00 Bernardo Wills: Appleway Trail University to Pines 8-0q9 AGREEMENT FOR PROFESSIONAL SERVICES Bernardo-Wills Architects PC THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Bernardo-Wills Architects PC,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 shall 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 July 1,2019, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with 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. City agrees to pay Consultant$29,725.00,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement, as set forth in Exhibit A. 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: Bernardo-Wills Architects PC Phone: (509)720-5000 Phone: (509) 838-4511 Address: 10210 East Sprague Avenue Address: 153 S. Jefferson Street 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 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 Professional Services(with 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 Professional Services(with professional liability coverage) Page 3 of 6 4. Professional liability 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 for each occurrence, and $2,000,000 for general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and$1,000,000 policy aggregate limit. C. Other Insurance Provisions. The 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. 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, Agreement for Professional Services(with professional liability coverage) Page 4 of 6 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. 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 shall 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 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 6 County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except in writing signed by the Parties hereto. 20. Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or 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. Consultant shall register with the City as a business prior to commencement of work under this Agreement 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/Fee proposal B. Insurance Certificates // The Parties have executed this Agreement this 4._0 " day of March,2018. C Y OF SPOKANE VALLEY Consultant: BERNARDO-WILLS ARCHITECTS PC CAenitit—, •Mark Calhoun, City Manager By: Its: Authorize• Representative ATTE T/ Christine Bainbridge, City Clerk: APPROVED TO FORM: p Offic o the Ci 'Atto ey Agreement for Professional Services(with professional liability coverage) Page 6 of 6 B r' A BERNARDO I WILLS ARCHITECTS PC March 2, 2018 Mr. Stone, CPRP Spokane Valley Parks and Recreation 2426 N Discovery Place Spokane Valley,WA 99216 Re: Proposal of Professional Services: Landscape Architecture Appleway Trail Improvements—University to Pines Dear Mr. Stone: At your request, we have prepared the following proposal for landscape architectural services for construction documents, bidding services and construction administration, regarding the Appleway Trail Improvements, on the existing section of trail from University to Pines. Our proposal is structured in four parts: Project Understanding, Scope of Services, Professional Fees, and Design Schedule. Project Understanding The City of Spokane Valley completed the first phase of the Appleway Trail from University to Pines in 2015. The shared-use trail is a phased built out,with final completion of the entire trail length planned for 2020. The trail is being constructed on the abandoned Milwaukee Railroad corridor which parallels Sprague Avenue, approximately two blocks south. Construction funds for the first phase of the trail were limited and with this contract the City plans to make improvements and additions to the original first phase. The trail improvements for this phase of the project are anticipated to include evaluation of the previously constructed trail phase and establishment of optimum locations for topsoil placement, landscape berms, hydroseeding, moderate landscape enhancements and a pre-fabricated restroom. There is an existing irrigation system along this section of trail. In most cases, the existing irrigation system can be expanded upon, to serve the planned improvements. Additional irrigation will be necessary for plant establishment and survival of the new landscape improvements. Signage enhancements may be included as part of these trail improvements if budget allows. BernardolWills Landscape Architects will be leading the design efforts for these trail improvements by producing materials, landscape planting and irrigation construction plans, technical specifications and cost estimates (with recommendations for materials, grading and earthwork)will be coordinated with construction documents. Bidding assistance and support during construction is included in our proposal under separate line items should the City choose to contract for these services. Scope of Services The BWA Landscape Architects will provide the following landscape architectural services: preliminary design plans, final construction plans, technical specifications and estimates (PS&E). We will coordinate with the Owner and other consultant team Specific Tasks include: Task I—Construction Documents • Attend one(1) project kick-off meeting. • Participate in up to two (2) team design meetings for coordination with the Owner and other potential stakeholders, in addition to the project kick-off meeting. • Grading and earthwork recommendations for trail enhancements. • Plan and detail sheets for restroom location, site materials, furnishings, planting plan, and irrigation plans. Signage details will be based on previously designed details and will not include re-design of details. • Complete technical specifications for landscape architectural discipline. • Preparation of 50%, 90% and 100%construction documents including, opinion of probable cost for landscape architectural discipline, based on survey and previous design information/as-builts (in dwg format)for the trail section from University to Pines. • Design calculations as required for permitting the landscape architectural discipline. • Deliverables— Preliminary and construction documents will be AutoCAD produced plans. Technical Specifications for work associated with BWA responsibilities will be provided to the Owner in Word format following WSDOT Design Manual and AASHTO Guide for the Planning, Design, and Operation of Pedestrian Facilities. • Submittals — We will provide preliminary construction documents for review for two (2) dedicated owner review meetings during the Construction Document Phase at 50%, and 90% reviews. • Design Alternates-Should Add Alternates be requested by the Owner that are in addition to previously approved Scope of Services, BWA Landscape Architects will negotiate additional compensation for production and inclusion of the Add Alternates into the Construction Documents. *Note: o Does not include civil engineering. o Based on the understanding that the City will provide AutoCAD format files for previous survey and design of the trail phase. Task II—City Council Presentations • Preparation for and attendance at up to two (2), city council presentations for the project, including PowerPoint slides in information necessary to convey design ideas. Task Ill—Site Survey Verification • Limited site survey for verification of previous design and as-built drawings on key locations. Verification areas may include existing berms or swales, utility locations or hardscape locations. This does not include survey of the entire trail length, only key locations that may be in question. Task IV—Bidding Assistance • Support the Owner during bidding of the project. • Answer bid questions from contractors. • Prepare addenda to the contract plans and specifications in standard City of Spokane Valley formats. • Attend bid opening and provide advisement to the Owner if requested. Task V-Construction Administration • Review and respond to contractor submittals and shop drawings. Appleway Trail Proposal 2 March 2, 2018 • Review and respond to clarifications, RFI's and addenda. • Review pay requests and change orders. • Review operations and maintenance manuals for irrigation prepared by the contractor. • Up to 10 construction meetings to review construction and field conditions. Construction meetings may include site visits, pre-construction meetings, weekly/bi-weekly construction meetings, pressure tests, plant material review, punch list walk through and final completion back checks. • Prepare field notes and records. Task VI—Record Drawings • One (1) meeting with the project contractor and Owner to review as-built field drawings for irrigation. • Preparation of AutoCAD drawings depicting installed irrigation lines and associated equipment. *Note: o Does not include as-builts/record drawings of planting locations. o Does not include field verification. Professional Fees Professional fees to perform the above listed services will be a Cost-Plus Fixed Fee Structure. Hours by task are listed below: Task I—Construction Drawings $13,740.00 Task II—City Council Presentations $1,980.00 Task III—Site Survey Verification $2,500.00 Task IV—Bidding Assistance $1,395.00 Task V—Construction Administration $7,230.00 Task VI—Record Drawings $2,880.00 Total fees for all anticipated billable hours,for all phases would be: $29,725.00(Twenty-nine thousand,seven hundred and twenty-five dollars) Reimbursable expenses associated with project printing for public meetings are in addition to this fee, estimated at$405, and will be invoiced at actual cost. Invoices are distributed monthly for percentages of work complete. Services requested beyond those specifically listed will be considered changes to the scope and BWA reserves the right to negotiate a fee commensurate to the additional scope of work. Design Schedule We understand that the City of Spokane Valley hopes to have the trail improvements completed by June of 2019 to meet the state funding deadline. BWA Landscape Architects can begin work immediately upon approval of our signed consultant contract, and will work to meet these intended schedules in conjunction with the City of Spokane Valley to meet the deadlines set forth by the project funding. Appleway Trail Proposal 3 March 2, 2018 Thank you again for the opportunity to provide you with this proposal for Spokane Valley's Appleway Trail Improvements. Please feel free to call if you have any questions or require further clarification. Sincerely, Opil3rk Dell R. Hatch,ASLA Licensed Landscape Architect Appleway Trail Proposal 4 March 2, 2018 -- .IN BERNARC-01 JWOLFER ACORO' DATE(MMDD/YYYY) 46.------- CERTIFICATE OF LIABILITY INSURANCE 3/16/2018 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 NAME:CONTACT Jenna Wolfer Alliant Insurance Services,Inc. PHONE I FAX 456-0294 818 W Riverside Ave Ste 800 1A/C.No.Ext):(509 624-3291 (Arc,No):(509) Spokane,WA 99201 a DRESS:jenna.wolfer@alliant.com INSURER(S)AFFORDING COVERAGE I NAIC# INSURER A:National Fire Insurance Company of Hartford,'20478 INSURED INSURER B:Transportation Insurance Company 20494 Bernardo Wills Architects INSURER C:Travelers Property Casualty Company of America 125674 153 S Jefferson Street INSURER D: Spokane,WA 99204 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. INSR I TYPE OF INSURANCE IA-MEI-SUER WV I I(MM/DD//YY YYY)F I(MM DDYEXP/YYYY)I LIMITS LTR (NSD I WVD I POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY I I I EACH OCCURRENCE I$ 1,000,000 CLAIMS-MADE X OCCUR X X 2072475103 11/01/2017 11/01/2018 D/�ir17C I PREMGETOISES(Ea occurrenceRERTED ) $ 300,000 LJMED EXP(Any one person) I$ 10,000 I PERSONAL&ADV INJURY I$ 1,000,000 G 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1 EN $ 2,000,000 `�POLICY EC I LOC PRODUCTS-COMP/OP AGG I$ 2,000,000 OTHER: I$ I AUTOMOBILE LIABILITY I COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A I X ANY AUTO 4024492367 111/01/2017 11/01/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS (AUTOS NON-OWNED I PROPERTY DAMAGE $ HIRED AUTOS I AUTOS I (Per accident) II I I $ X UMBRELLA LIAB X I OCCUR I I I EACH OCCURRENCE $ 4,000,000 B EXCESS UAB I CLAIMS-MADE I 2072475067 11/01/2017 11/01/2018 AGGREGATE $ 4,000,000 DED I X I RETENTION$ 10,000 I $ 'WORKERS COMPENSATION I I PER OTH AND EMPLOYERS'LIABIUTY I I STATUTE I X I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N I INIA A 2072475103 11/01/2017 111/01/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICE(Mandatory In NH)EMBER EXCLUDED? I 'E.L.DISEASE-EA EMPLOYEE$ , , 1 000 000 If yes.describe under DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT I$ 2,000,000 C Professional Liab 105740569 102/01/2018 02/01/2019 Professional Liab 3,000,000 C Professional Liab 105740569 i 02/01/2018 02/01/2019 Retention 35,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is additional insured with respects to general liability arising out of the operations by the named insured where required by written contract.Forms attached. Project:Appleway Trail Improvements—University to Pines CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City p ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE 66140. VAAA,..e.254, I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 146932F CNA SB(Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses • D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation-Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a'written contract' to provide insurance, but only with respect to 'bodily injury'or'property damage'arising out of'your products'which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. °Bodily injury° or 'property damage° for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages ii. that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved. CNA S(Ed.6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. 'Bodily injury° or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into,accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or °property damage' included within the 'products- completed operations hazard° is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a'written contract.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'written contract'; b. Coverage broader than required by such °written contract° and in no event greater than that described by the applicable paragraph a.through k. below;or c. Coverage for °bodily injury° or °property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for 'bodily injury', 'property damage' or 'personal and advertising injury' as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for °bodily injury', 'property damage', or °personal and advertising injury' as grantor of a franchise to you. d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for 'bodily injury°, °property damage' or 'personal and advertising injury' caused in whole or in part by your maintenance, operation or use of such equipment, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for 'bodily injury', 'property damage' or'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such °personal and advertising injury', takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for °bodily injury', °property damage' or °personal and advertising injury° arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the'occurrence' giving rise to such 'bodily injury' or'property damage' or the offense giving rise to such 'personal and advertising injury',takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or Zei receiver's liability for 'bodily injury', 'property damage' or'personal and advertising injury' arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for°bodily injury°, °property damage°or°personal and advertising injury'arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction, erection,or removal of elevators;or (c) The ownership, maintenance or use of any elevators covered by this insurance;or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. B 69 F CNA S(Ed.616 (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b) "Bodily injury'or'property damage°included within the'products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a °written contract°, we will treat as a 'written contract' any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury°, 'property damage°, or 'personal and advertising injury°cause by: a. Your acts or omissions; or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i. above. Such additional insured is an insured solely for'bodily injury', 'property damage° or °personal and advertising injury'for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For'bodily injury,' 'property damage,"or'personal and advertising injury°arising out of the rendering or failure to render any professional services; (2) For'bodily injury° or'property damage' included in the 'products-completed operations hazard.' But this provision(2)does not apply to such'bodily injury'or'property damage' if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the'written contract';and (b) The °written contract° requires you to make the person or organization an additional insured for such'bodily injury'or'property damage'; or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a'written contract'requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: °Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed. 6-16) (1) The 'bodily injury'or°property damage';or (2) The offense that caused the'personal and advertising injury'; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of'Bodily injury° is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such 'occurrence,'offense, claim or°suit° is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any'executive officer'or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates,Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of anynatural person insured shall also be insured under this policy; provided, however, coverage is afforded to such etates, hirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B.Exclusions,1.Applicable to Business Liability Coverage, Exclusion k.Damage To Property, is replaced by the following: k. Damage To Property °Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) • Page 5 of 7 Copyright,CNA All Rights Reserved. CNA S(Ed.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the °property damage' arises out of any part of those • premises; 3. Property loaned to you; 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work° and were never occupied, rented or held for rental by you. Paragraphs 1,3, and 4, of this exclusion do not apply to 'property damage' (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage° included in the 'products-completed operations hazard.' 2. Under B.Exclusions,1.Applicable to Business Liability Coverage, the following paragraph is added, and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h, i, k, I,m,n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of °property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured;or SB146932F(6-16) Page 6 of 7 Copyright,CNA AU Rights Reserved. SB146932F CNA (Ed.6-16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company)of the insured; and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c. and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. I 73-is All other terms and conditions of the Policy remain unchanged. i SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. '°���LY DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 1/26/2018 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 CONTNAME:ACT Jenna Wolfer Alliant Insurance Services,Inc. a E , - �r E D PHONE 509 624-3291 FAX 509 456-0294 818 W Riverside Ave Ste 800 °q L..L, E I Y E (A/C.No,Ext):( ) (A/C,No):( ) Spokane,WA 99201 ADDRESS:lenna.wolfer@alliant.com JAN 29 2018 INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Travelers Property Casualty Company of America 25674 INSURED PARKS & RECREATION DEPT. INSURER B: Bernardo-Wills Architects — —•---+ INSURER C: Mr.Robert Wills 153 S Jefferson Street INSURER D: Spokane,WA 99201 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. IADDL INSD SUER WVD POLICY NUMBER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCEDGE TO RENTED $ CLAIMS-MADE' OCCUR PREM SES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO-JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'UABIUTYY/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 $ A Professional Liab 105740569 02/01/2018 02/01/2019 Professional Liab 3,000,000 A Professional Liab 105740569 02/01/2018 02/01/2019 RETENTION 35,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Palley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N.Discovery Place Spokane Valley,WA 99216 AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Itome Espanol Contact Search L&I SEARCH A-Z Index lrlelp My Ltd Safety&Health Claims&Insurance Workplace Rights Trades&Licensing 0 Washington State Department of Labor & Industries BERNARDO WILLS ARCHITECTS PC Owner or tradesperson 153 S JEFFERSON ST GARY BERNARDO SPOKANE,WA 99201-4103 Doing business as BERNARDO WILLS ARCHITECTS PC WA UBI No. Governing persons 601 317114 GARY M BERNARDO ROBERT M WILLS; ROBERT M WILLS; Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. L&I Account ID Account Is current. 809775-00 Doing business as BERNARDO WILLS ARCHITECTS PC Estimated workers reported Quarter 4 of Year 2017"31 to 50 Workers" L&I account contact T1/JAN BENTLEY(360)902-4652-Email;STR0235@lni.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. Workplace safety and health No inspections during the previous 6 year period. 0 Washington State Dept of Labor&Industries.Use of this site is subject to the laws of the state of Washington. Help us improve ......„---.IN BERNARC-01 JWOLFER ACOREY DATE(MM/DDIYYYY) 4........---- CERTIFICATE OF LIABILITY INSURANCE 10130/2018 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(les)must have ADDITIONAL INSURED provisions or 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 COACT Jenna Wolfer Alliant Insurance Services,Inc. 818 W Riverside Ave Ste 800 jn"rc°,No,Ext):(509)624-3291 �FAX Ne):(509)456-0294 Spokane,WA 99201 n altss:Jenna.wolfer@aIIiant.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:National Fire Insurance Company of Hartford 20478 INSURED INSURER B:Transportation Insurance Company 20494 Bernardo-Wills Architects INSURER c:Travelers Property Casualty Company of America 25674 153 S Jefferson Street INSURER D: Spokane,WA 99204 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP UNITS LTR INSD WVD (MM/DDIYYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE OCCUR 2072475103 11/01/2018 11/01/2019 DAMAGE TO RENTED 800,000 X X PREMISES(Ea occurrence/ $ MED EXP(Any one person) $ 10,000 • PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY jECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABIIJTY COMBINED SINGLE LIMIT 1,000,000 _ (Ea accident) $ X ANY AUTO 4024492367 11/01/2018 11/01/2019 BODILY INJURY(Per person) $ _ AUTEO�S ONLY SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ONLYY P r)fglc enl) MAGE $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 EXCESS LIAB CLAIMS-MADE 2072475067 11/01/2018 11/01/2019 AGGREGATE S 4,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION OTH- AND EMPLOYERS'LIABILITY PER ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN 2072475103 11/01/2018 11/01/2019 E.L.EACH ACCIDENT S 1'000'000 FFICER/M Mgt t EXCLUDED? N I A Myandatory In NH) E.L.DISEASE-EA EMPLOYEE 5 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Professional Liab 105740569 02/01/2018 02/01/2019 Professional Liab 3,000,000 C Professional Liab 105740569 02/01/2018 02/01/2019 Retention 35,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) City of Spokane Valley is additional insured with respects to general liability arising out of the operations by the named insured where required by written contract.Forms attached. Project:Appleway Trail Improvements—University to Pines CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P y ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD , SB146932F CNA (Ed.6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Additional Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract." II. Liability Extension Coverages A. Bodily injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation-Blanket S I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a'written contract'to provide insurance, but only with respect to'bodily injury'or'property damage'arising out of'your products'which are distributed or sold in the regular course of the vendor's business,subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'property damage' for which the vendor Is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration,testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA Ali Rights Reserved. SB146932F CNA (Ed.6-16) e. Any failure to make such inspections, adjustments,tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. 'Bodily injury' or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf.However,this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d.or f.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products,or any ingredient,part or container,entering into,accompanying or containing such products. 3. This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or 'property damage' included within the 'products- completed operations hazard'is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a'written contract.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such'written contract'; b. Coverage broader than required by such'written contract'and in no event greater than that described by the applicable paragraph a.through k.below;or c. Coverage for 'bodily injury' or 'property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.j.below. Any coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement: a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you;or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for'bodily injury', 'property damage'or'personal and advertising injury'as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' as grantor of a franchise to you. d. Lessor of Equipment , Any person or organization from whom you lease equipment, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury° caused in whole or in part by your maintenance, operation or use of such equipment, provided that the 'occurrence° giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for'bodily injury', 'property damage'or'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations,new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for 'bodily injury', 'property damage' or °personal and advertising Injury' arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the'occurrence'giving rise to such'bodily injury'or'property damage'or the offense giving rise to such 'personal and advertising injury',takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. g. Mortgagee,Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receiver's liability for'bodily injury', 'property damage'or'personal and advertising injury'arising out of the ownership,maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by,on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for'bodily injury','property damage'or'personal and advertising injury'arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults,street banners,or decorations and similar exposures;or (b) The construction,erection,or removal of elevators;or (c) The ownership,maintenance or use of any elevators covered by this insurance;or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b) "Bodily injury'or'property damage'included within the"products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a 'written contract', we will treat as a 'written contract° any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury', °property damage', or 'personal and advertising injury'cause by: a. Your acts or omissions;or • b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above. Such additional insured is an insured solely for'bodily injury', 'property damage' or'personal and advertising injury'for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For'bodily injury,"property damage,'or'personal and advertising injury'arising out of the rendering or failure to render any professional services; (2) For°bodily injury'or'property damage' included in the 'products-completed operations hazard.' But this provision(2)does not apply to such'bodily injury'or°property damage'if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the'written contract';and (b) The 'written contract° requires you to make the person or organization an additional insured for such'bodily injury'or'property damage';or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A.and B.above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis.However,if a'written contract' requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: 'Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contract or agreement: a. Is currently in effect or becomes effective during the term of this policy;and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved. SB146932F CNA (Ed.6-16) (1) The'bodily injury°or'property damage';or (2) The offense that caused the'personal and advertising injury'; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of'Bodily injury'is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such'occurrence,'offense,claim or'suit'is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager,if you or an additional insured is a limited liability company; (4) Any'executive officer°or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates,Legal Representatives and Spouses • The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy;provided, however,coverage is afforded to such estates,heirs,legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B.Exclusions,1.Applicable to Business Liability Coverage, Exclusion k.Damage To Property, is replaced by the following: - • k. Damage To Property 'Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of - SB146932F(6-16) Page 5 of 7 Copyright,CNA All Rights Reserved. • J. SB146932F CNA (Ed.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'property damage' arises out of any part of those premises; 3. Property loaned to you; 4. Personal property in the care,custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations;or 6. That particular part of any property that must be restored, repaired or replaced because 'your work° was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1,3,and 4, of this exclusion do not apply to'property damage'(other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner,or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5,and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage° included in the 'products-completed operations hazard.' 2. Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added,and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising injury: Exclusions c,d,e,f,g,h,I,k,I,m,n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days.A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of °property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured;or SB146932F(6-16) Page 6 of 7 Copyright,CNA All Rights Reserved. . • r SB146932F ?IA (Ed.6-16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company)of the insured;and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions,1.Applicable to Business Liability Coverage, the exclusion entitled Personal and Advertising injury is amended to add the following additional exclusions: (15)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale,rental,lease or sub-lease of any room,dwelling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement. F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c.and replace it with the following: c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. g g All other terms and conditions of the Policy remain unchanged. N ,- E. SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved.