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18-047.00 TD&H Engineering: CenterPlace West Lawn Ph 1 f g- '-17 AGREEMENT FOR PROFESSIONAL SERVICES TD&H Engineering THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and TD & H Engineering, 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 March 19, 2018,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$1,600.00,(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: TD&H Engineering Phone: (509) 720-5000 Phone: (509) 622-2888 Address: 10210 East Sprague Avenue Address: 303 East 2nd Avenue 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 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/-..to day of March, 2018. CITY OF SPOKANE VALLEY Consultant: TD H ENGINEERING AciaL Cid.46.14, Mark Calhoun, City Manager By: , ,,r f.L 1,4%4.6a4 Its: Authorized Representative ATT . A-;- ristine Bainbridge, City Clerk: APPROVED4 T• •ORM: Office the Citytto. e Y Agreement for Professional Services(with professional liability coverage) Page 6 of 6 C 303 East 2nd Avenue TD& 1 509.622.2888 �- Spokane, WA 99202 Engineering VW r tdhengineering.com March 6, 2018 Mr. Mike Stone Parks and Recreation Director City of Spokane Valley 2426 N. Discovery Place Spokane Valley, WA 99216 RE: CENTERPLACE — GRADING PLAN NORTH MEADOW SCOPE OF WORK AND COST PROPOSAL CONSTRUCTION STAKING FOR GRADING PLAN TD&H ENGINEERING JOB NO. 16-000 Dear Mike, TD&H Engineering is pleased to submit this proposal for surveying services. Our proposal is based on the project criteria, scope of services, deliverables, and assumptions made as described in the following sections of the proposal. Please review this carefully and let us know if we need to modify our proposal. It is our understanding the City would like us to provide construction staking for the north meadow area at CenterPlace per the attached drawing. Specifically, we will provide stakes (as directed by the City) to grade the site. We anticipate the staking will take no more than one day. Our lump sum price for this project is $1,600. If the scope/service is not specifically included herein, the scope/service is expressly excluded. Please feel free to contact me directly if you have any questions or need any additional information in regards to this proposal. Sincerely, G Steven N. Marsh, PE Vice President/ Regional Manager TD&H ENGINEERING Attachment (1) Grading Plan — North Meadow BOZEMAN, GREAT FALLS, KALISPELL&SHELBY, MT I SPOKANE,WA I LEWISTON, ID I WATFORD CITY, ND I MEDIA, PA ' !i! ,y�` N`dld JNIGV iJ a r. s n N MI.t f I��; fall `'� $ 3pQ AanvA aNvNOds do uDD ^ g •�1 ?oil .i /' Y5 9SZ66 YM'A3l'IYA 3NYNOd5 Id A83AO�SIO N 92b2 _ 0?I�In A/ '•Y T 3SVHd NM` 11S3M 3DH1d213130 143 ® ® ® 1 1 3 11 a 9 ;1 aj s o I:i Y ! gig 11 g+ ` ;4.)f : 1 1 11 1 f 1 /Ell 11111 i1, I al a1 13 14 11 s It _ i Ala 1 & i u y i l F [ I i i 0 g a NP & 11114! p 11 " 11 $ a l 111 x211 a1 a , dyayg $ 1 it ; g oa la s 2El ppt5p5gghggt zpilbil! E 316 Z a Ell .4 O $ 4E1gE0 111gf ZQ$11ii9tl $3q W1 (91111013 01109111 ll it 5sh � 9 S3d3i $_ 3 w !. i b : SEE9 a 3 .11 �dddR B1112 300000000 Al 1 I 1111* .m06! R ' .!! . SI Ip. � $e V. /- (:° I 0 0#:..._,,,,„..0 i i i 0 0,0.,,,,_„fr,,,,-0 '/4-0.7.,a.4: .,..::),:: 2 /.. ,.--- 0''' i: f .... ...fig. ' —fir a.-. 3 (r, x --.4 E \,,..',,,,t---_, _,'IP • : 4 — . °�,\,‘ .� ., ro `aye 0 ° / � , ^' '. ': A x Z 41 �\ J o. Z o g u O V (`l DATE AR® CERTIFICATE OF LIABILITY INSURANCE 03/19/(201/8 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Marsh Sponsored Programs PHONE 800-338-1391 FAX 868-621-3173 a division of Marsh USA Inc. (AIC,No.Extl; (AIC,No): ADDRE-MI L PO Box 14404 ADDREMaeclientrequest@marsh.com —- -- - Des Moines IA 50306 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Sentinel Insurance Company Ltd 11000 INSURED INSURERS:Hartford Casualty Insurance Company 29424 Thomas Dean & Hoskins Inc (TD&H) INSURER C: 1800 River Drive North Great Falls, MT 59401 INSURERD. 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. MT R TYPE OF INSURANCE AINSR wvoR POLICY NUMBER (MMID YD/YYYYY) (MMIDD/YYYYY) LIMITS LTR INSR WVD A GENERALUABIUTY Y Y 84SBWPI6386 09/01/2017 09/01/2018 EACH OCCURRENCE $1,000,000 AMAGE TO X COMMERCIAL GENERAL LIABILITY Prof. Liab. EXCl. PREMISES(EaENTED occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X EL & Stop Gap-ND WA PERSONAL 8AIN INJURY $1,000,000 X $lm/$lm/$lm GENERAL AGGREGATE $2,000,000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 n POLICY n!pa- n LOC $ A AUTOMOBILE LIABILITY Y Y 84UEGAU8256 09/01/2017 09/01/2018 COMBINEDSINGLELIMIT (Ea accident) $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED ^SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS NON OWNED PROPERTY DAMAGE AUTOS (Per accident) $ B X UMBRELLA LIAB X OCCUR Y Y 84XHGYH2417 09/01/2017 09/01/2018 EACH OCCURRENCE $5,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTIONS 10,000 $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS LIABILITY Y/N TORY LIMITS FR ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) EL DISEASE-EA EMPLOYEE $ If yes,describe under DESRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Project: CenterPlace West Lawn Phase 1 Construction Staking The City of Spokane Valley is included as an additional insured on the above coverages except for WC when required by written contract. Waiver of subrogation is included in favor of the additional insured when required by written contract. Primary/Non Contributory applies to GL and Auto when required by written contract. 30 day notice of cancellation will be given to the certificate holder per policy endorsements. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley AUTHORIZED REPRESENTATIVE 2426 N. Discovery Place Spokane Palley, WA 99216 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD POLICY NUMBER:84SBWPI6386 BUSINESS LIABILITY COVERAGE INSURED:Thomas, Dean & Hoskins, Inc. SS 00 08 04 05 ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available): BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05 Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or , (c) In connection with "your work" and included within the "products completed operations hazard", but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured;and (ii) This Coverage Part provides coverage for"bodily injury"or"property damage"included within the"products completed operations hazard". The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement,or the issuance of the permit. A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit. With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural,engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change orders, designs or drawings and specification:or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary.If other insurance is also primary,we will share with all that other insurance by the method described in c. below. (b) Primary And Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance,this insurance is primary and we will not seek contribution from that other insurance. Rev 5.14 Page 1 of 2 BUSINESS LIABILITY COVERAGE FORM Summary SS 00 08 04 05 Paragraphs(a)and(b)do not apply to other insurance to which the additional insured has been added as an additional insured. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Waiver of Subrogation If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage Rev 5.14 Page 2 of 2 POLICY NUMBER: 84UEGAU8256 COMMERCIAL AUTOMOBILE INSURED: Thomas, Dean & Hoskins, Inc. HA 99 16 03 12 ADDITIONAL COVERAGES WHEN REQUIRED BY WRITTEN CONTRACT T his is a summary of the coverage provided under the following form (complete form available): COMMERCIAL AUTOMOBILE COVERAGE FORM HA 99 16 03 12 Additional Insured if Required by Contract Paragraph A.1. - WHO IS AN INSURED- of Section II - Liability Coverage is amended to add: When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an"insured", but only to the extent such person or organization is liable for"bodily injury" or "property damage"caused by the conduct of an"insured" under paragraphs a. or b. of Who is and Insured with regard to the ownership, maintenance or use of a covered"auto." Primary and Non-Contributory Only with respect to insurance provided to an additional insured in 1.D. Additional Insured If Required by contract, the following provisions apply: 1) Primary Insurance When Required By Contract: This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in Other Insurance Clause. 2) Primary and Non-Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (1) and (2) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty to defend the insured against any"suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other that this insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, by method described in Other Insurance 5.d. Waiver of Subrogation We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payment we make for damages under the Coverage Form. Rev 7.15 Page 1 of 1 /^1 THOMDEA-01 RTYLINSKI ACORO- CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDOlYYYY) 4.......----- 03/16/2018 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(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 License#0696870 CONTACT Rhonda Tylinski ' HUB International Mountain States Limited (NC,No,Eat):(406)453-1464I Marc,No):(866)801-0495 100 Park Drive S Great Falls,MT 59401 AppRIESS:rhonda.tylinski@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty Company 20443 INSURED INSURER B: I Thomas Dean&Hoskins Inc INSURER C: I 1800 River Dr No INSURER D: ! Great Falls,MT 59401 INSURER E: INSURER F: j 1 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 I CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, I EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS I LTR INSR MD IMM/DD/YYYY1 IMM/OD/YYYYI _ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S _ i CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person)— $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ _ POLICY r)PAli LOC PRODUCTS-COMP/OP AGG, $ OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) $ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOSRE� ONLY AUTOS BODILY BODILY INJURY(Per accident) $ ATOS ONLY _ AUTOS ONLY (Per a deYtDAMAGE $ IA? $ I UMBRELLA UAB OCCUR EACH OCCURRENCE _$ i EXCESS LIAB CLAIMS-MADE AGGREGATE DED RETENTION$ _ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ FFICER/M MBER EXCLUDED? Mandatory n NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT § A Professional Liab AEH113825009 09/01/2017 09/01/2018 Per claim 2,000,000 A Professional Liab AEH113825009 09101/2017 09/01/2018 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES`ACORD 101,Additional Remarks Schedule,maybe attached If more space Is required) Project: CenterPlace West Lawn Phase 1 Construction Staking CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y p y ACCORDANCE WITH THE POLICY PROVISIONS. 2426 N Discovery Place Spokane,WA 99216 AUTHORIZED REPRESENTATIVE R.:A‘iwe, 412.0401,41; ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 11ume FsPahtd t.,nta + Search L&I ,j +r a1S .1-'/.thdex Itelp My I fix1. Safety&HaaRh C alms 8 Ir,sl.trance Workplace Rlglzts "rades 8 L:canslng CAWashington State Department of Labor & Industries THOMAS DEAN & HOSKINS INC Owner or tradesperson 303E 2ND AVE SPOKANE,WA 99202 GARY HENDRIX Doing business as THOMAS DEAN&HOSKINS INC WA UBI No. Governing persons 601 014 909 GARY HENDRIX DAVID ZAHLLER; IAN BAILEY; DAVID CRAWFORD; JACK FISHER; KEITH WARING; DAVID ZAHLLER; IAN BAILEY; DAVID CRAWFORD; JACK FISHER; KEITH WARING; Workers' comp Do you know if the business has employees?If so,verify the business is up-to-date on workers'comp premiums. This company has multiple workers'comp accounts. Active accounts L&I Account ID Account is current. 145x78-00 Doing business as THOMAS DEAN&HOSKINS INC Estimated workers reported Quarter 4 of Year 2017"11 to 20 Workers" L&I account contact T3/KAYLENE MONIER(360)902-6627-Email:BRKB235@ini.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. Help us improve 3/16/2018 THOMAS DEAN&HOSKINS INC ' v3Fr Mat STATE Of WASHINGTON Department of Labor & Industries Certificate of Workers' Compensation Coverage March 16, 2018 :WA UBI No. 601 014 909 L&I Account ID 145,678-00 Legal Business Name THOMAS DEAN & HOSKINS INC 1 I Doing Business As THOMAS DEAN & HOSKINS INC ,Workers' Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2017 "11 to 20 (See Description Below) • Workers" Account Representative Employer Services Help Line, (360) 902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person-,-or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .12.050 and 51 .16.190). https://secure.lnima.gov/verify/Details/IiabilityCertificate.aspx?UBI=601014909&LIC=&VIO=&SAW=false&ACCT=14567800 1/1