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18-154.00 Budinger & Associates: Falling Weight Deflectometer Study AGREEMENT FOR PROFESSIONAL SERVICES Budinger&Associates 2018 FWD Study Contract 18-k5 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Budinger&Associates,hereinafter"Consultant,"jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the 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 in accordance with the project schedule specified in the attached proposal unless the time for Agreement for Professional Services(with professional liability coverage) Page 1 of 6 performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least 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$65,385.78,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services,City standards,City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name:John Finnegan,Principal Phone: (509)720-5000 Phone: (509)535-88-41 Address: 10210 East Sprague Avenue Address: 1101 North Fancher Road Spokane Valley,WA 99206 Spokane Valley,WA 99212 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 Rezardin2 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 Agreement for Professional Services(with professional liability coverage) Page 2 of 6 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8.Relationship of the Parties. It is understood 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 Agreement for Professional Services(with professional liability coverage) Page 3 of 6 of Washington. 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. Agreement for Professional Services(with professional liability coverage) Page 4 of 6 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability,loss, costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. 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. Agreement for Professional Services(with professional liability coverage) Page 5 of 6 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing,Consultant agrees that it may,at City's request,be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of,or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment maybe 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 day of l Jf% O�`JE'C' ,200 CIT OF SPOKANE VALLEY Consultant: Ca/U/1,8+14A, Mark Calhoun,City Manager By: •, eg• ,Principal thorized Representative A !Et. *stifle Bainbridge,City Clerrk: APPRO 1 • ' a FORM: Office e Ci IR':me Y Agreement for Professional Services(with professional liability coverage) Page 6 of 6 Budin e r Geotechnical Engineering Environmental Engineering Construction Materials Testing Vr & Associates Subsurface Exploration Special Inspection Proudly serving the Inland Northwest for over 40 years Adam Jackson,PE October 1,2018 City of Spokane Valley (Revised from September 12, 2018) 10210 E. Sprague Avenue Spokane,Washington 99206 Proposal S18592 Project: Spokane Valley Roadway Rehabilitation Projects Pavement Data&Design Subject: Revised Proposed Geotechnical Exploration and Analysis Mr.Jackson: Thank you for the opportunity to offer geotechnical services to support upcoming pavement improvements projects in Spokane Valley, Washington. We based this proposal on email correspondence after submission of our original submission. This revised proposal is addresses the City's to re-defined project scope. Project The City has refined its project list for this scope of work identifying 15 arterial and local streets for pavement preservation. The proposed street segments total 9.6 miles,as follows: Street Segment Length Street Segment Length University 16th to Dishman-Mica 1.2 Wilbur 32nd to 34th 0.1 Broadway Argonne to McDonald 2.5 Reeves 37th to Union 0.1 Broadway Havana to Fancher 1.0 38th 38th to Union 0.1 Mission University to Union 0.8 Loretta Bates to Pines 0.5 8th Progress to Sullivan 0.3 Fox 37th SW to End 0.2 Indiana Evergreen to I-90 0.9 35th Bates to Loretta 0.2 Bates 37th N.to Cul D Sac 0.3 36th Bates to Loretta 0.2 37th Bates to Loretta 0.3 Data will need to be collected on the existing state of the pavement prior to constructing the projects. Scope We've been asked to collect data associated with the existing pavements and underlying base and subgrade and prepare recommendations for the specific pavement preservation projects. To perform this scope of services,we propose to complete the following tasks: Site Reconnaissance Observations of the site surface conditions will be performed to evaluate the condition of the existing pavement. 1101 North Fancher Rd. 9997 Lyle Loop, Suite A Spokane Valley, WA 99212 Hayden, ID 83835 Tel: 509.535.8841 Tel: 208. 719.9038 Fax: 509.535.9589 www.budlncerinc.com Fax: 509.535.9589 518592 Spokane Valley Roadway Rehabilitation Projects Pavement Data&Design Subsurface Exploration Subsurface explorations will be performed through the existing pavement sections to native soil or an average depth of 12 inches,at average intervals of 800 feet. Actual intervals will be determined by site conditions and locations will be submitted to the City for approval prior to performing the work. The number of cores that have been previously cut over the last 2 years in the proposed test areas will be deleted from the total if the City provides adequate information associated with those cores. Explorations will consist of an 8-inch diameter core. Based on the City's list,we've estimated a total of 54 cores. Samples of the subgrade and base materials will be collected for laboratory analysis. Dynamic cone penetration test soundings will be completed to a depth of 30 inches at the core locations, unless refused shallower. Falling Weight Deflectometer(FWD)Testing FWD testing(ASTM D4694)will be performed in the outside lanes,in both directions to develop pavement and soil parameters for the back-calculation of modulus values for pavement design. The testing interval will be 100 to 200 feet depending on conditions. We understand that the City is specifically interested in the testing simulating truck traffic. Laboratory Testing Depending on the observed conditions during the subsurface exploration, laboratory work associated with the soil samples may include liquid and plastic limits(ASTM D4318),moisture content(ASTM D2216), and grain size analysis(ASTM D422). The site soils will be described using the Unified Soil Classification System(USCS). Utility Location We will mark the area of the cores for utility location and will submit a"call before you dig" request. We will not excavate in the vicinity of marked utilities; however,we will not be responsible for improperly located or un-located services. Traffic Control Provide traffic control during subsurface exploration and FWD testing. We anticipate that one lane of traffic will need to be shut down during subsurface explorations and for FWD testing on streets with one lane in each direction. Flaggers and signage will also be required. Signage and an arrow board will be required for FWD testing on streets with multiple lanes in each direction. Traffic control plans addressing these activities will be developed and submitted. Overlay Thickness Design Overlay thickness designs for the evaluated pavement sections will be prepared based on the information collected and traffic data provided by the City. The overlay designs will be prepared in accordance with the American Association of State Highway and Transportation Officials(AASHO)Pavement Design Guidelines. A report will be prepared that summarizes results of the evaluation as well as our conclusions and recommendations. We anticipate that one report addressing each project phase will be prepared. We anticipate that the City will provide ESAL information of each project area. We understand that the City would like to utilize analysis inputs such as reliability, standard deviation,etc. as in previous reports. We anticipate that the City will provide this information. Overlay recommendations that are determined to be impractical will be discussed with the City prior to submission of the final report. Negotiation of any additional cost,if any,with the City for a full section design in these cases. The revised design would then be included in the final report. Budinger&Associates,Inc. Geotechnical&Environmental Engineers Construction Materials Testing&Special Inspection 2 of 3 S18592 Spokane Valley Roadway Rehabilitation Projects Pavement Data&Design Data tables will be provided in a shareable format to be determined after consultation with the City. We anticipate that subconsultants will be utilized for FWD,evaluation, and traffic control tasks. The extent of subconsultant work will depend on the specific projects when that information is available. Assumptions We assume physical and legal access to all sites will be provided. We will mark exploration locations and submit a"call before you dig" request. We will not work in vicinity of marked utilities; however,we will not be responsible for improperly located or un-located services. Appended to this proposal is a document titled Important Information about This Geotechnical Proposal that we recommend you review carefully. Fees Fees will be incurred on a unit price basis in accordance with our schedule of fees and the attached cost estimate. The estimate will not be exceeded without your approval and specific request for additional services. Schedule Upon notice to proceed,we will mark locations and submit utility notifications to enable us to begin subsurface explorations within one week. FWD work will be scheduled after completion of the subsurface explorations. For efficient use of the subconsultants and equipment,we propose to perform all FWD work for all projects in 1 sequence. We anticipate laboratory work and preparation of the report to be completed within 3 weeks of completion of the fieldwork. Thank you for the opportunity to offer these services, we look forward to assisting you in completing a successful project. Prepared By: BUDINGER&ASSOCIATES John(Hank)Swift,PE,GE Senior Geotechnical Engineer John Finnegan,PE,GE,LHG Principal Geotechnical Engineer Attachments • S-18592 Cost Estimate • Important Information about This Geotechnical Proposal Budinger&Associates,Inc. Geotechnical&Environmental Engineers Construction Materials Testing&Special Inspection 3 of 3 jg B u d i n g e r Geotechnical Engineering Environmental Engineering 1 & Associates ConstructionsMaterialsratTesting .tea Subsurface Exploration Special Inspection S18592 Spokane Valley Pavement Evaluation r2 10/1/2018 Description Cores Qty Unit Unit Price Total Task 1 -Site Recon Labor charges * Pripcipal Geotechnical Engineer 1 -hours $156.93 $156.93 * Senior Engineer 4 hours $134.04 $536.16 * Staff Geologist 20 hours $63.08 $1,261.60 * Administrator 2 hours $67.02 $134.04 Equipment * Light Duty Support Truck 20 hours $13.69 $273.80 Subtotal $2,362.53 Task 2-Subsurface Exploration Labor charges * Principal Geotechnical Engineer 2 hours $156.93 $313.86 * Senior Engineer 4 hours $134.04 $536.16 * Staff Geologist 40 hours $63.08 $2,523.20 * Exploration Technician 40 hours $58.48 $2,339.20 * Exploration Technician 8 hours $58.48 $467.84 * Administrator 2 hours $67.02 $134.04 Equipment * Light Duty Support Truck 40 hours $13.69 $547.60 * Coring Equipment and Generator 40 hours $27.19 $1,087.60 * DCP Equipment 40 hours $40.00 $1,600.00 * Aphalt Cold Mix Patch 54 each $16.00 $864.00 Subtotal 54 $10,413.50 Task 3-Falling Weight Deflectometer Testing Labor charges * Principal Geotechnical Engineer 1 hours $156.93 $156.93 * Senior Engineer 1 hours $134.04 $134.04 * Administrator 1 hours $67.02 $67.02 Reimbursables * FWD Subconsultant Testing(3 days, 18 Streets) 1 each $18,132.00 $18,132.00 Subtotal $18,489.99 Task 4-Laboratory Analysis Labor charges * Principal Geotechnical Engineer 1 hour $156.93 $156.93 * Senior Engineer 1 hour $134.04 $134.04 1101 N. Fancher Road Spokane Valley, WA 99212 T: 509.535.8841 F 509.535.9589 1 of 3 I B u d i n g e r Geotechnical Engineering Environmental Engineering Me & Associates ConstructionMaterials Testing i subsurface Exploration Special Inspection S18592 Spokane Valley Pavement Evaluation r2 9/27/2018 Description Cores Qty Unit Unit Price Total * Quality Control Manager 2 hours $76.22 $152.44 * Administrator 1 hour $67.02 $67.02 Laboratory * Moisture Content 54 each $20.00 $1,080.00 * Sieve Analysis 54 each $120.00 $6,480.00 * Atterberg Analysis 20 each $150.00 $3,000.00 Subtotal $11,070.43 Task 5-Utility Location Labor charges * Principal Geotechnical Engineer 1 hour $156.93 $156.93 * Senior Engineer 1 hour $134.04 $134.04 * Quality Control Technician 4 hours $52.56 $210.24 * Administrator 2 hours $67.02 $134.04 Subtotal $635.25 Task 6-Traffic Control Labor charges * Principal Geotechnical Engineer 1 hour $156.93 $156.93 * Senior Engineer 1 hour $134.04 $134.04 * Administrator 2 hours $67.02 $134.04 Reimbursables * Traffic Control,Plan, Signage, and Flagging 1 each $3,000.00 $3,000.00 Subtotal $3,425.01 Task 7-Overlay Thickness Design& Summary Report Labor charges * Principal Geotechnical Engineer 3 hours $156.93 $470.79 * Senior Engineer 6 hours $134.04 $804.24 * Administrator 2 hours $67.02 $134.04 Reimbursables * FWD Subconsultant Evaluation 1 each $17,580.00 $17,580.00 Subtotal $18,989.07 Total $65,385.78 Cost/Core $1,210.85 Cost/mile $6,933.58 1101 N. Fancher Road Spokane Valley, WA 99212 T: 509.535.8841 F 509.535.9589 2 of 3 I B u d i n g e r Geotechnical Engineering Environmental Engineering & Associates ConstructionMaterials Testing .�� Subsurface Exploration Special Inspection S18592 Spokane Valley Pavement Evaluation r2 9/27/2018 Description Cores Qy Unit Unit Price Total Streets Segment Length Streets Segment Length (mile) (mile) Evergreen Sinto to Sprague 0.9 Wilbur 32nd to 34th 0.1 University 16th to Dishman-Mica 1.2 Reeves 37th to Union 0.1 Broadway Argonne to McDaonald 2.5 38th 38th to Union 0.1 Broadway Havana to Fancher 1.0 Loretta Bates to Pines 0.5 Mission University to Union 0.8 Fox 37th SW to End 0.2 8th Progress to Sulivan 0.3 35th Bates to Loretta 0.2 Indiana Evergreen to I-90 On-Ramp 0.9 36th Bates to Loretta 0.2 Bates 37th N.to Cul D Sac 0.3 37th Bates to Loretta 0.3 9.4 1101 N. Fancher Road Spokane Valley, WA 99212 T: 509.535.8841 F 509.535.9589 3 of 3 BUDI&AS-01 ROCHOA ACORO' DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 09/18/2018 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 CONTACT NAME: Hub International Northwest LLC PHONE I jvC,No):(425)485-8489 12100 NE 195th Street,Suite 200 (ac,No,Ext):(425)489-0500 Bothell,WA 98011 nanrss:now.info@hubinternational.com INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Mutual of Enumclaw Insurance Company 14761 INSURED INSURER B: Budinger&Associates,Inc. INSURER C: SJS Land Company,LLC 1101 N Fancher Rd INSURER D: Spokane,WA 99212 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 LIMITS LTR INSD WVD IMM/DD/YYYY1 IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _ $ 1,000,000 CLAIMS-MADE X OCCUR X X CPP0011785 08/06/2018 08/06/2019 pR MIEES(Ea occurf nce) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JET 1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY (EaaccdeDSINGLELIMIT $ 1,000,000 X ANY AUTO X X CPP0011785 08/06/2018 08/06/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS Ep BODILY INJURY(Per accident) $ X AUTOS ONLY x AUTOS ONLY (Peracciident)AMAGE $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE UMC0002330 08/06/2018 08/06/2019 AGGREGATE $ 4,000,000 DED RETENTIONS $ A WORKERS COMPENSATION PER STATUTE X ARH AND EMPLOYERS'LIABILITY Y/N CPP0011785 08/06/2018 08/06/2019 1,000,000 ANY ICEWMEMBER/EXCLUDED ECUTIVE N/A E.L.EACH ACCIDENT $ (Mandatory n NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Re:Project Agreement City of Spokane Valley is listed as additional insured regarding General Liablity Insurance CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P ACCORDANCE WITH THE POLICY PROVISIONS. 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 Mutual of Enumclaw Insurance Company POLICY NUMBER: CPP001178 ME 88 02 12 01 EFFECTIVE DATE:08/06/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMAY NON CONTRIBUTORY WORDING FOR CG 20 37 This endorsement modifies insurance provided under the following Coverage Part(s): COMMERCIAL GENERAL LIABILITY THIS INSURANCE IS PRIMARY, BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE ONGOING OPERATIONS PERFORMED FOR THE ADDITIONAL INSURED BY NAMED INSURED AT THE LOCATION DESIGNATED ABOVE. ANY OTHER INSURANCE AVAILABLE TO THE ADDITIONAL INSURED IS EXCESS & NON-CONTRIBUTORY ME 88 02 12 01 Includes copyrighted material of Insurance Services Office,Inc.with its permission. POLICY NUMBER:CPP0011785 Waiver of Transfer of Rights of Recovery Against Others to Us CG 24 0410 93 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: PER SCHEDULED CERTIFICATE OF INSURANCE (If no entry appears above,information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition(Section IV— COMMERCIAL GENERAL LIABILITY CONDITIONS)is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard".This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 10 93 Copyright,Insurance Services Office,Inc., 1992 POLICY NUMBER: CPP0011785 COMMERCIAL GENERAL LIABILITY CG 25 03 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: PER WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally 4. The limits shown in the Declarations for Each obligated to pay as damages caused by "occur- Occurrence, Fire Damage and Medical Ex- rences" under COVERAGE A (SECTION I), and pense continue to apply. However, instead of for all medical expenses caused by accidents being subject to the General Aggregate Limit under COVERAGE C (SECTION I), which can be shown in the Declarations, such limits will be attributed only to ongoing operations at a single subject to the applicable Designated Con- designated construction project shown in the struction Project General Aggregate Limit. Schedule above: B. For all sums which the insured becomes legally 1. A separate Designated Construction Project obligated to pay as damages caused by "occur- General Aggregate Limit applies to each des- rences" under COVERAGE A (SECTION I), and ignated construction project, and that limit is for all medical expenses caused by accidents equal to the amount of the General Aggregate under COVERAGE C (SECTION I), which cannot Limit shown in the Declarations. be attributed only to ongoing operations at a sin- 2. The Designated Construction Project General gle designated construction project shown in the Aggregate Limit is the most we will pay for the Schedule above: sum of all damages under COVERAGE A, 1. Any payments made under COVERAGE A for except damages because of "bodily injury" or damages or under COVERAGE C for medical "property damage" included in the "products- expenses shall reduce the amount available completed operations hazard", and for medi- under the General Aggregate Limit or the cal expenses under COVERAGE C regard- Products-Completed Operations Aggregate less of the number of: Limit,whichever is applicable; and a. Insureds; 2. Such payments shall not reduce any Desig- b. Claims made or"suits" brought; or nated Construction Project General Aggre- gate Limit. c. Persons or organizations making claims or C. When coverage for liability arising out of the bringing"suits". "products-completed operations hazard" is pro- 3. Any payments made under COVERAGE A for vided, any payments for damages because of damages or under COVERAGE C for medical "bodily injury" or "property damage" included in expenses shall reduce the Designated Con- the "products-completed operations hazard" will struction Project General Aggregate Limit for reduce the Products-Completed Operations Ag- that designated construction project. Such gregate Limit, and not reduce the General Aggre- payments shall not reduce the General Ag- gate Limit nor the Designated Construction gregate Limit shown in the Declarations nor Project General Aggregate Limit. shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. CG 25 03 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 2 13 D. If the applicable designated construction project E. The provisions of Limits Of Insurance (SECTION has been abandoned, delayed, or abandoned III) not otherwise modified by this endorsement and then restarted, or if the authorized contract- shall continue to apply as stipulated. ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction project. • • Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 CG 25 03 03 97 171 Policy#: CPP0011785 COMMERCIAL GENERAL LIABILITY CG 20 33 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured any person or additional insureds, the following additional organization for whom you are performing exclusions apply: operations when you and such person or This insurance does not apply to: organization have agreed in writing in a contract or agreement that such person or organization be 1. "Bodily injury", "property damage"or"personal added as an additional insured on your policy. and advertising injury" arising out of the Such person or organization is an additional rendering of, or the failure to render, any insured only with respect to liability for "bodily professional architectural, engineering or injury", "property damage" or "personal and surveying services, including: advertising injury"caused, in whole or in part, by: a. The preparing, approving, or failing to 1. Your acts or omissions; or prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, 2. The acts or omissions of those acting on your change orders or drawings and behalf; specifications; or in the performance of your ongoing operations for b. Supervisory, inspection, architectural or the additional insured. engineering activities. However, the insurance afforded to such additional This exclusion applies even if the claims against insured: any insured allege negligence or other wrongdoing 1. Only applies to the extent permitted by law; in the supervision, hiring, employment, training or and monitoring of others by that insured, if the 2. Will not be broader than that which you are "occurrence" which caused the "bodily injury" or required by the contract or agreement to "property damage", or the offense which caused provide for such additional insured. the "personal and advertising injury", involved the rendering of or the failure to render any A person's or organization's status as an professional architectural, engineering or additional insured under this endorsement ends surveying services. when your operations for that additional insured are completed. • CG 20 33 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 2 2. "Bodily injury" or "property damage" occurring C. With respect to the insurance afforded to these after: additional insureds, the following is added to a. All work, including materials, parts or Section III—Limits Of Insurance: equipment furnished in connection with The most we will pay on behalf of the additional such work, on the project (other than insured is the amount of insurance: service, maintenance or repairs) to be 1. Required by the contract or agreement you performed by or on behalf of the additional have entered into with the additional insured; insured(s) at the location of the covered or operations has been completed; or 2. Available under the applicable Limits of b. That portion of"your work" out of which the Insurance shown in the Declarations; injury or damage arises has been put to its intended use by any person or organization whichever is less. other than another contractor or This endorsement shall not increase the subcontractor engaged in performing applicable Limits of Insurance shown in the operations for a principal as a part of the Declarations. same project. Page 2 of 2 ©Insurance Services Office, Inc., 2012 CG 20 33 0413 POLICY NUMBER: CPP0011785 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Location And Description Of Completed Operations Or Organization(s) AS REQUIRED BY WRITTEN AS REQUIRED BY WRITTEN CONTRACT CONTRACT 1101 N FANCHER RD SPOKANE WA 99212 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 Policy#: CPP0011785 COMMERCIAL AUTO EA 99 10 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. The following changes revise SECTION I — COVERED The coverage that applies is the same as the AUTOS coverage provided for the vehicle being replaced. Paragraph C.1. is deleted and replaced with the Physical Damage Coverage is extended to the following: temporary substitute auto for the lesser of the 1. Trailers following number of days: a. "Trailers" with a load capacity of 2,000 1. The number of days reasonably required to pounds or less designed primarily for travel repair or replace the covered "auto" that is out on public roads; or of service; or b. "Trailers" designed primarily for travel on 2. 30 days. public roads when: The following changes revise SECTION II — LIABILITY (1) Pulled by an owned private passenger COVERAGE auto specifically described in Item The following is added to Paragraph A.1.: Three of the Declarations as a covered d. Blanket Additional Insured "auto" for Liability Coverage under this Coverage Form; and Any person or organization that you are Not used for business, farmingor required to include as an additional insured (2) on this Coverage Form in a written contract ranching purposes. or agreement that is signed and executed Private passenger auto means a motor by you before the"bodily injury"or"property vehicle of the private passenger, station damage" occurs and that is in effect during wagon, pickup or van type designed for use the policy period is an "insured" for Liability on public highways and subject to motor Coverage, but only for damages to which vehicle registration. this insurance applies. The following is added: A person's or organization's status as an D. Temporary Substitute Autos—Physical Damage additional insured under this endorsement ends when your contract or agreement with If Physical Damage Coverage is provided by this such person or organization ends. Coverage Form, the following types of vehicles are also covered "autos" for Physical Damage The Limits of Insurance applicable to the Coverage: Additional Insured are those specified in the written contract or agreement but not more Any "auto" you do not own while used with the than the Limits of Insurance specified in the permission of its owner as a temporary substitute Declarations of this policy. The Limits of for a covered "auto" you own that is out of service Insurance applicable to the Additional because of its: Insured are inclusive of and not in addition 1. Breakdown; to the Limits of Insurance shown in the 2. Repair; declarations for the Named Insured. 3. Servicing; This Coverage does not apply to lessors of leased"autos". 4. "Loss"; or 5. Destruction. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 1 of 4 e. Broadened Named Insured under this policy. No deductible applies to Any business entity newly acquired or this coverage. formed by you during the policy period (1) We will pay only for those expenses provided you own 51% or more of the incurred as a result of a covered "loss" business entity and the business is not occurring during the policy period separately insured for Business Auto beginning 24 hours after the"loss" and Coverage. Coverage is extended up to a ending, regardless of the policy's maximum of 90 days following acquisition expiration, with the lesser of the or formation of the business entity or until following number of days: the end of the policy period, whichever (a) The number of days reasonably comes first. required to repair or replace the f. Employee Hired Auto covered "auto". If"loss" is caused An"employee"of yours is an"insured"while by theft, this number of days is operating an "auto" hired or rented under a added to the number of days it contract or agreement in that "employee's" takes to locate the covered "auto" name, with your permission, while and return it to you; or performing duties related to the conduct of (b) 10 days. your business. (2) Our payment under this Coverage Paragraphs A.2.a.(2) and A.2.a.(4) are deleted and Extension (4.a.) is limited to the lesser replaced with the following: of the necessary and actual expenses 2. Coverage Extensions incurred or the maximum amount shown, $250. a. Supplementary Payments (2) Upto $2,500 for cost of bail bonds (3) Coverage under this Coverage Extension (4.a.) does not apply while (including bonds for related traffic law there are spare or reserve "autos" violations) required because of an available to you for your operations. "accident"we cover. We do not have to The following is added to Paragraph A.4.: furnish these bonds. (4) All reasonable expenses incurred by c. Transportation Expenses - Theft of a the "insured" at our request, including Private Passenger Auto actual loss of earnings up to$300 a day In the event of "loss" to a covered private because of time off from work. passenger type "auto" caused by a total The following changes revise SECTION III—PHYSICAL theft which is covered by Comprehensive or DAMAGE COVERAGE Specified Causes of Loss Coverage on this pThis coverage applies onlyfor a covered "auto" for maximum mwe will pay up to $25 per dayr to a 9 PP maximum of $500 for transportation which Physical Damage Coverage is provided for on expenses incurred by you as a result of that this policy. "loss". The following is added to Paragraph A.3: (1) We will pay for transportation expenses Glass Repair—Waiver of Deductible incurred during the period beginning No deductible will apply to glass breakage if such 264 hours(11 days)after the"loss". glass is repaired in a manner acceptable to us (2) Regardless of the policy's expiration, rather than replaced. our reimbursement of your Paragraph A.4.a. is deleted and replaced with the transportation expenses under this following: Coverage Extension will end when the covered "auto" is returned to your use 4. Coverage Extensions or we pay for its"loss". a. Limited Rental Reimbursement or Travel (3) No deductible applies to this Coverage Expense Extension. We will pay up to $25 per day to a d. Tapes, Records and Discs maximum of$250 for rental reimbursement We will pay for "loss" to tapes, records, expenses for the rental of an"auto"or other compact discs, or other similar devices transportation expense incurred by you because of"loss"to a covered "auto"which used with audio, visual or data electronic devices. is covered by Comprehensive, Specified Causes of Loss, or Collision coverage (1) We will pay only if the tapes, records, compact discs, or other similar devices: EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 2 of 4 (a) Are your property or that of a family (d) Animals, private passenger"autos," member; or motorcycles, aircrafts, boats or any (b) Are the property of an "employee" other motorized vehicles or their using a covered "auto" in your equipment, furnishings or business affairs at the time of the appurtenances. "loss"; and (e) Equipment or accessories while (c) Are in a covered "auto" which your Travel Trailer, "Camper" or sustains other covered "loss" under Motor Home is leased or rented to Comprehensive or Collision any organization or any person coverage at the time of the"loss"to other than you or a family member. tapes, records, compact discs, or (2) The maximum we will pay for "loss" is other similar devices. the lesser of: (2) The most we will pay for "loss" under (a) The actual cash value of the this Coverage Extension (4.d.) is$200. personal property at the time of (3) Physical Damage Coverage provisions "loss"; apply to this coverage, except that any (b) The cost of repairing the damage; deductible applicable to or Comprehensive or Collision coverage (c) The cost of replacing the damaged does not apply to this Coverage personal property with other Extension (4.d.). personal property of like kind, The exclusion referring to tapes, records, condition, quality and value. discs or other similar audio, visual or data g. Vacation Expense Allowance electronic devices designed for use with audio, visual or data electronic equipment We will pay you $50 per day to a maximum does not apply. of $500 for extra expenses when a Travel e. Camper Bodies Trailer, "Camper" or Motor Home is a scheduled auto for physical damage In the event of a "loss" to a detached coverage, and the Travel Trailer, "Camper" "camper," physical damage coverage will or Motor Home: apply as if it were part of the covered "auto" (1) Is damaged or destroyed and is on which it is rated. uninhabitable; and f. Contents of a Travel Trailer, Camper or (2) While being used for vacation purposes Motor Home within the policy period. When a Travel Trailer, "Camper" or Motor Extra expenses must be supported by Home is a scheduled auto for physical receipts or other valid evidence. damage coverage, we will pay up to $1,000 for "loss" to personal property belonging to The following is added to Paragraph A.: you or a family member that is within the 5. Extra Expense—Broadened Coverage Travel Trailer, "Camper" or Motor Home. We willpay for the direct expense of the We will pay up to$250 for"loss"to personal returning of a stolen covered "auto"to you. We property belonging to you or a family will pay only for those covered "autos"for which member that is outside the Travel Trailer, you carry Comprehensive or Specified Causes "Camper"or Motor Home. of Loss Coverage. This coverage will only (1) We will not pay for"loss"to: apply to vehicles recovered inside the 48 (a) Articles carried or held for sale, contiguous United States. This coverage does storage or repairs, or for later not apply to an"auto"we deem a total"loss". delivery; goods kept to show or sell; The following is added to Paragraph B.3.a.: or theatrical wardrobes. Airbag Coverage—Accidental Deployment (b) Business, store of office furniture or However, this exclusion does not apply to the equipment. unintended inflation of an airbag if the inflation (c) Records or accounts, money, is caused by mechanical or electrical bullion, deeds, contracts, evidences breakdown. of debt, securities,tokens or tickets, stamps in current use or manuscripts. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 3 of 4 The following changes revise SECTION IV — The following changes revise SECTION V — BUSINESS AUTO CONDITIONS DEFINITIONS The following is added to Paragraph A.2.a.: The following is added: Amended Duties in the Event of an Accident, Q. "Camper" means a portable dwelling unit without Claim, Lawsuit or Loss axles or wheels that has been manufactured for However, this duty is only required when the attachment on the bed of a pickup truck to be used "accident" is known to: for casual travel or camping. (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. The following is added to Paragraph A.: 6. Blanket Waiver of Subrogation We waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accident" because of payments we make for damages under this coverage form. The following is added to Paragraph B.2.: Unintentional Failure to Disclose Hazards Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. Paragraph B.5.b. is deleted and replaced with the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos"you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered"auto". The following is added to Paragraph B.5. e. To the extent required by an "insured contract", this insurance is primary on behalf of the additional insured, and any other insurance maintained by the additional insured is excess and not contributory with this insurance. If the "insured contract" does not require this provision, then Paragraph a.above will apply. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission Page 4 of 4 COMMERCIAL AUTO EA 99 12 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL VEHICLE SHARING EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. PERSONAL VEHICLE SHARING EXCLUSION We will not pay: "Personal vehicle sharing" means the use of private 1. for loss under any coverage afforded under this passenger "autos" by persons other than the vehicles' policy arising out of the lease, ownership, registered owner in connection with a "personal vehicle maintenance, use, loading or unloading of a sharing program". covered "auto"when the covered "auto" is used in a "personal vehicle sharing program"; "Personal vehicle sharing program" means a legal entity 2. to defend or indemnify you for any loss or injury that qualified to do business in the state where the covered occurs during any time period while your covered "auto" is registered and which is engaged in the "auto" is under the operation and/or control of any business of facilitating the sharing of private passenger person or organization using your covered "auto" in "autos"for noncommercial use by individuals within this a"personal vehicle sharing program". state. In the event of any loss or injury that occurs at any time when the covered "auto" is under the operation or control of a person, other than the vehicle's registered owner, pursuant to a "personal vehicle sharing program", or is otherwise under the control of a "personal vehicle sharing program", the program shall assume all liability of the vehicle owner and shall be considered the vehicle owner for all purposes. A "personal vehicle sharing program" continues to be liable until: 1. The covered "auto" is returned to a location designated by the "personal vehicle sharing program; and 2. One of the following conditions occurs: a. The expiration of the time period established for the covered"auto"occurs; b. The intent to terminate the covered "auto's" "personal vehicle sharing" use is verifiably communicated to the "personal vehicle sharing program"; or c. The vehicle's registered owner takes possession and control of the covered"auto". EA 99 12 08 13 Includes copyrighted material of insurance Services Office,Inc.with its permission Page 1 of 1 Mutual of Enumclaw Insurance Company POLICY NUMBER: CPP001178 ME 88 02 12 01 EFFECTIVE DATE:08/06/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY NON-CONTRBUTORY WORDING FOR AUTO FOR BOUTEN CONSTRUCTION COMPANY This endorsement modifies insurance provided under the following Coverage Part(s): COMMERCIAL AUTOMOBILE This insurance is primary, but only with respect to liability arising out of the ownership, maintenance or use of a covered auto in work performed for the additional insured at the project designated above. Any other insurance available to the additional insured is excess and non-contributory. ME 88 02 12 01 Includes copyrighted material of Insurance Services Office, Inc.with its permission. 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