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19-086.00 Bernardo Wills: Balfour Park Master Plan Update Contract No. 19-086.00 AGREEMENT FOR PROFESSIONAL SERVICES Bernardo Wills Architects PC THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington,hereinafter"City"and Bemardo Wills Architects PC,hereinafter"Consultant,"jointly referred to as"Parties" IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: I.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 December 31,2019,unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 9 Contract No. 19-086.00 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$11,900.00,(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4 Payment. Consultant shall be paid monthly upon presentation of an invoice to City Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: Bernardo Wills Architects PC Phone: (509) 720-5000 Phone: (509)838-4511 Address: 10210 East Sprague Avenue Address: 153 South Jefferson Street Spokane Valley, WA 99206 Spokane, WA 99201 6.Applicable Laws and Standards. The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws and regulations. Consultant states 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 Agreement for Professional Services(with professional liability coverage) Page 2 of9 Contract No. 19-086.00 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 pend 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: I.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. Agreement for Professional Services(with professional liability coverage) Page 3 of 9 Contract No. 19-086.00 3 Workers' compensation coverage as required by the industrial insurance laws of the State 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 and commercial general liability insurance: I.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 to.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:Vll. 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 Agreement for Professional Sen ices(with professional liability coverage) Page 4 of 9 Contract No. 19-086.00 all pertinent deductibles, self-insured retentions,and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs,attorney's fees, costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. 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 Ib)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 maybe 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 9 Contract No. 19-086.00 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 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 C. Assurance of compliance with applicable federal law. qQ The Parties have executed this Agreement this Fes- day of ,2019. CI Y OF SPOKANE VALLEY BERNARDO WILLS ARCHITECTS PC livw Mark Calhoun. City Manager ,(78//, tfiatAtW//114 Its: Aut rorized Representative ATT S : w✓> I . hristine Bainbridge, City Clerk: Agreement for Professional Services(with professional liability coverage) Page 6 of9 Contract No. 19-086.00 APPROVED AS 0 FORM: O ice ipe City or• -y 01 Agreement for Professional Services(with professional liability coverage) Page 7 of 9 Contract No. 19-086.00 Exhibit C—Assurance of Compliance with Applicable Federal Law During the performance of this Agreement,the Consultant, for itself, its assignees, and successors in interest(hereinafter referred to as the "Consultant")agrees as follows: 1.Compliance with Regulations: The Consultant shall comply with the federal laws set forth in Section 7 of this Exhibit("Acts and the Regulations")relative to non-discrimination in federally-assisted programs of the U.S.Department of Transportation,Washington State Department of Transportation(WSDOT),as they may be amended from time-to-time,which are herein incorporated by reference and made a part of this Agreement. 2.Non-discrimination:The Consultant,with regard to the work performed by it during this Agreement,shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding,or negotiation made by the Consultant for work to be perfonned under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier shall be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color, or national origin. 4. Information and Reports:The Consultant shall provide all information and reports required by the Acts. the Regulations,and directives issued pursuant thereto,and shall permit access to its books,records,accounts, other sources of information,and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant shall so certify to the City or the WSDOT, as appropriate, and shall set forth what efforts it has made to obtain the information. 5.Sanctions for Noncompliance: In the event of a Consultant's noncompliance with the non-discrimination provisions of this Agreement,the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including,but not limited to: a. withholding payments to the Consultant under the Agreement until the Consultant complies;and/or b. cancelling,terminating,or suspending the Agreement, in whole or m part. 6.Incorporation of Provisions:The Consultant shall include the provisions of paragraphs one through six of this Exhibit in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if the Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,the Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,the Consultant may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: During the performance of this Agreement,the Consultant Agreement for Professional Services(with professional liability coverage) Page 8 of 9 Contract No. 19-086.00 agrees to comply with the following non-discrimination statutes and authorities; including but not limited to• Title VI of the Civil Rights Act of 1964(42 U.S.C.§2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin); and 49 CFR Part 21; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973,(23 U.S.C.§324 et seq),(prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.). as amended, (prohibits discnmination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975,as amended,(42 U.S.C. §6101 et seq.),(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 USC §471. Section 47123), as amended,(prohibits discrimination based on race, creed,color,national origin, or sex); The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope.coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color,national origin,and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures Non-discrimination against minority populations by discouraging programs,policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP).To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. §1681 et seq.). Agreement for Professional Services(with professional liability coverage) Page 9 of 9 IllnBE RRARDCI WILLS ARCHITECTS PC April 18, 2019 Mr. Michael D Stone, CPRP Director of Parks&Recreation City of Spokane Valley 2426 N Discovery Place Spokane Valley,WA 99216 Re Revised Proposal for Balfour Park Master Plan Update, City of Spokane Valley Dear Mike Per our most recent discussion upon your review of our DRAFT proposal, I have modified the following proposal to more closely meet your expectations and budget Our proposal is structured in four parts; Project Understanding,Work Plan,Scope of Work, Project Schedule,and Professional Fee. It is based on our previous experience in the development of the original master plan and our discussions with you Project Understanding In 2013 Bernardo Wills Architects (BWA)worked with the City of Spokane Valley in the creation of a master plan for property owned adjacent to and including Balfour Park The majority of the 8 38 acre parcel is void of improvements and is bordered by Sprague Avenue on the south, Herald ST on the west, Main Ave on the north, Balfour Park to the northeast, and a private business and the City Fire Station at the southeast The Spokane County Library District purchased the western end of the site adjacent to Herald ST and would utilize 2 82 acres for a new library. Opportunities to identify and develop shared uses between the library and remaining 5 56 acres of park land such as parking and hardscape were determined as being important to the project,as well as the library and the park having frontage on Sprague Avenue for visual exposure This previous effort involved gathering substantial public input during several design charrettes with an emphasis on 'Placemaking', envisioning the improvements as a major community gather place Opportunities to incorporate the existing Balfour Park acreage and uses with the proposed improvements that included a reading garden, public market space, civic plaza and fountain,flag displayNeteran's memorial, picnic shelter, performance/gathering space, seasonal café, open space,walking paths, skatepark, and locations for public art or sculpture Ultimately,the library bond was not successful, and no further development was pursued in completion of the adopted master plan However, the library board still has an option to locate on the western portion of the site and should an upcoming bond vote be successful, their intent is still to develop a branch library in this location This new master plan effort will develop alternatives plans that will allow adequate space for a possible future library and show how phased construction could occur with or without a future library Work Plan 1 Design Team — BWA proposes for Dell Hatch, ASIA to act as Principal in Charge for this project. Bill LaRue, ASIA, an associate with BWA, will act as the Project Manager We have also included Welch Comer Engineers(WC)for consulting services regarding traffic engineering for issues related to the design of a major pedestrian crossing of Sprague Avenue. Welch Corner is currently working with the City of Spokane Valley(COSV) on traffic engineering work We understand that the COSV Parks and Recreation Department(PR)will not create a Steering Committee for this project. We do anticipate that we will meet a representative from the Library Board for an update on their plans for the future We will work with COSV to communicate with any pertinent Stakeholders that COSV identifies 2 Project Meetings/Public Participation—As with the 2013 master plan study,we propose to conduct regularly scheduled meetings with your office, times and intervals to be determined We will conduct one(1)public meeting for review and input BWA will participate with COSV PR in one(1)presentation 153South Jefferson Street Spokane,WA 99201 509 838.4511 I fax 509 838.4605 wwwbemardow.11s<om IIIIBERNCR DCI WILLS ARCHITECTS PC to COSV City Council if requested We assume that the COSV will provide the appropriate location and scheduling of the public meetings, notifications to participants, and meeting refreshments if applicable BWA will also attend up to two (2) 'outreach' sessions where the project can be reviewed at public events Scope of Work BWA proposes to follow the outlined list of tasks below to accomplish the development of an updated Master Plan Since the 2013 study provided up-to-date survey information, we will utilize that base data for this work. For the initial tasks,the previous site analysis and inventory will also be utilized PHASE 1 A Task 1 1 —Concept Validation Meeting Following Contractual execution, we propose to hold a meeting with COSV to consider any new conditions or other long range plans that may influence the master plan update, and to assess the validity of past design decisions to ensure that the foundation of the plan is still acceptable Discuss strengths and weakness, challenges and choices related to the existing plan vs any new project program elements. Discuss traffic and civil implications for site improvements and connections to City Hall Set a date for Public presentation and review and confirm locations and times Confirm meeting format and content B Task 1 2—Prepare Preliminary Master Plan Modifications Based on the Concept Validation meeting, BWA will prepare a rough, sketch plan that represents the issues identified to-date that will influence the current mast plan. This exhibit will be used for discussions and as a design starting point during the Public Workshop meeting C Task 1 3—Conduct Public Review Meeting The Public Review Meeting will be held at the end of Phase 1. It will be facilitated by BWA with participation. The meeting will be held at a location established by the Client Input received during the meeting will be reviewed by BWA and COSV to determine which comments will be considered for incorporation into the new master plan D Phase I Deliverables • All Owner and Design Team meeting minutes • Preliminary Master Plan per Validation meeting • Assist in establishing Website, if requested. • Public Design Review work products • Summary of project status to-date. PHASE 2 A. Task 21 - Review of Public MeetingNVebsite Information and Prosed Program Confirmation Utilizing the information and input from the Public Design Review and responses to questionnaire and/or from the website, the BWA Team will meet with the Owner to assess the suggestions and recommendations for changes to the master plan. B Task 2.2—Generation of Updated Master Plan. Based on Owner direction and discussions related to collected public input, BWA will generate an Updated Master Plan illustrating all recommended plan modifications The plan will not propose new park uses for the area still under consideration for a future library City of Spokane Valley Balfour Park 2 4/18/19 01111 BERHARDCIWILLS ARCHITECTS PC C Task 2.3—Presentation to City Council: At the request of the Owner, BWA will attend and participate in a formal presentation of the updated master plan to City Council D Phase 2 Deliverables • Meet with Owner to confirm collected input • Production of Updated Master Plan • Review plan with Owner • Update website, if requested • Participate in Council presentation, if requested PHASE 3 BWA will work with COSV PR to format all findings for preferred format for inclusion of this study as part of the new system side Park and Recreation Master Plan Project Schedule We understand that the City wishes to have the city-wide Parks and Recreation Master Plan complete no later than October of 2019 BWA will commit to completion of this proposal so that it can be included in that plan. To ensure the highest possible public attendance during the proposed public meetings, those meetings should be scheduled prior to and after the schools'summer break. Our team will work with the Client to adjust the schedule to meet the most mutually agreeable dates practical that allow for critical or set dates for reviews by the Library Board, City Council and Parks Board, and for securing the venue for public presentations. Professional Fee BWA proposes to complete the services outlined in this proposal for a lump sum fee of $11,900.00 (Eleven thousand nine hundred and 00/dollars) This fee includes all anticipated reimbursable expenses. Please feel free to call me any time to review this proposal or for the need to edit it to more fully meet your anticipated needs. Thank you for the opportunity to continue to assist the City of Spokane Valley and the Parks and Recreation Department Sincerely, !/LY� • Dell R Hatch, ASLA Principal City of Spokane Valley Balfour Park 3 4/18/19 i- "t BERNARC-01 JWOLFER ACORn' CERTIFICATE OF LIABILITY INSURANCE DATE "°°""" 1/4.---- 04/23/2019 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: N the certificate holder is an ADDITIONAL INSURED,the pollcy(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 5,QI,INE"CT Jenna Wolfer Alllant Insurance Services,Inc. PHONE- 818 W Riverside Ave Ste 800 (Aro,No,ELS(509)624.3291 INC.NM(509)456-0294 Spokane,WA 99201 �ik55 jenna.wolfer@alllant.com INSURER(S)AFFORDING COVERAGE _ NAIC0 INSURER A•National Fire Insurance Company of Hartford 20478 INSURED INSURERS•Transportation Insurance Company 20494 Bemerdo-Wills Architects INSURER C•Travelers Casualty and Surety Company of America 31194 153 S Jefferson Street INSURER D. Spokane,WA 99204 INSURERS 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 ADOLSUBR POIKY NUMBER POLICY EFF POLICY EVP LIMITS ITR IHSD MDIMMmOT'YYYI IMMIWNYYT) A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE f 1'000.000 CLAIMS-MACE I X OCCUR X x 2072475103 11/01/2018 11/01/2019 ''ITEM SEBiE:NmEmrim) f _ 300.000 MED EMP(Any one person) $ 10,000 PERSONAL$ADV INJURY $ 1,000,000 GENL AGGREGATE LIMpE APPLIES PER I GENERAL AGGREGATE $ 2,000,000 X POLICY _ JECT LOC PRODUCTS-COMPIOP AGO $ 2,000'000 OTHER $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMITI$ 1,000,000 X ANY AUTO 4024492367 11/01/2018 11/01/2019 BOOILY INJURY(Per person) '$ OWNED SCHEDULED AUTOS ONLYI AUTOS y/ BODILYBpINJURY (Per n¢dmL$ AUTOS ONLY __ AUTOS ONLYY (PerreemA�nt AGE _ $ II�$ B X UMBRELLA LIAR X OCCUR ' EACH OCCURRENCE 4,000,000 EXCESS UAB CWMS-MADE 2072475067 111/07/2018 11/01/2019 AGGREGATE _ $ 4,000,000 DED I X I RETENTIONS 10,000 $ A WORNERS COMPENSATION PER OTT- AND EMPLOYERS'LIABILITY _ ER YIN ANY PROPRIETOR/PARTNER/EXECUTIVE2072475103 11/01/2018 11/01/2019 1,000,000 C£FICERAIEMBER EXCLUDED? NIA $ E L EACH ACCIDENT _ (Mandatory M NH) _ 1,000,000 E L_DISEASE-EA EMPLOYEE $ NAL deembe Deer 1,000,000 DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ C Professional Llab 0105740569LB 02/01/2019 02101/2020 Professional Llab 3,000,000 C Professional Llab 0105740569LB 1 02/0$/2019 02/01/2020 Retention 35,000 DESCRIPTION OF OPERATIONS/LOCATIONSI VEHICLEbACORD 1St AddIena w ,emayRenksSddUle,mbe. ,ed HatlH more space Is required) City of Spokane Valley Is additional Insured with respects to general liability arising out of the operations by the named insured where required by written contract Forms attached. Project:Balfour Park Master Plan Update 014086 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Oily of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 A�UT®HO,R��IZ�ED�REPRESENTATIVE 7✓J, ACORD 25(2016/03) Cr 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CMA SB146932F (Ed. 6-16) BLANKET ADDITIONAL INSURED AND LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following. BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS TABLE OF CONTENTS I. Blanket Additional Insured Provisions A. Addklonal Insured—Blanket Vendors B. Miscellaneous Additional Insureds C. Additional Provisions Pertinent to Additional Insured Coverage 1. Primary—Noncontributory provision 2. Definition of"written contract' II. Liability Extension Coverages A. Bodily Injury—Expanded Definition B. Broad Knowledge of Occurrence C. Estates,Legal Representatives and Spouses D. Legal Liability—Damage to Premises E. Personal and Advertising Injury—Discrimination or Humiliation F. Personal and Advertising Injury—Broadened Eviction G. Waiver of Subrogation-Blanket I. BLANKET ADDITIONAL INSURED PROVISIONS A. ADDITIONAL INSURED—BLANKET VENDORS Who Is An Insured is amended to include as an additional insured any person or organization (referred to below as vendor)with whom you agreed under a 'written contract'to provide insurance, but only with respect to "bodily injury'or'property damage'arising out of'your products'which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. 'Bodily injury' or 'properly damage' for which the vendor is obligated to pay damages by reason of the Elm assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contractor agreement; b. Any express warranty unauthorized by you; elm c. Any physical or chemical change in the product made intentionally by the vendor; d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; SB146932F(6-16) Page 1 of 7 Copyright,CNA All Rights Reserved CNA SB146932F (Ed. 6-16) e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; g. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor;or h. 'Bodily injur or 'property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However,this exclusion does not apply to. (1) The exceptions contained in Subparagraphs d.or I.;or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container,entering into,accompanying or containing such products. 3. This provision 2.does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if 'bodily injury' or 'properly damage' included within the 'products- completed operations hazard' is excluded either by the provisions of the Policy or by endorsement. B. MISCELLANEOUS ADDITIONAL INSUREDS 1. Who Is An Insured is amended to include as an insured any person or organization (called additional insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional insured on this policy under a 'written contrail.': 2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will not provide the additional insured with: a. A higher limit of insurance than required by such 'written contract'; b. Coverage broader than required by such'written contract'and in no event greater than that described by the applicable paragraph a.through k. below;or c. Coverage for 'bodily injury' or 'property damage' included within the 'products-completed operations hazard.' But this paragraph c. does not apply to the extent coverage for such liability is provided by paragraph 3.).below. My coverage granted by this endorsement shall apply only to the extent permitted by law. 3. Only the following persons or organizations can qualify as additional insureds under this endorsement' a. Controlling Interest Any persons or organizations with a controlling interest in you but only with respect to their liability arising out of: (1) such person or organization's financial control of you; or (2) Premises such person or organization owns, maintains or controls while you lease or occupy these premises; provided that the coverage granted to such additional insureds does not apply to structural alterations, new construction or demolition operations performed by or for such additional insured. SB146932F(6-16) Page 2 of 7 Copyright.CNA AU Rights Reserved. CNA S 2F CNM (Ed.6-(Ed.6-16) b. Co-owner of Insured Premises A co-owner of a premises co-owned by you and covered under this insurance but only with respect to the co-owners liability for'bodily injury', 'property damage' or'personal and advertising injury' as co-owner of such premises. c. Grantor of Franchise Any person or organization that has granted a franchise to you, but only with respect to such person or organization's liability for 'bodily injury', 'property damage', or 'personal and advertising injury' as grantor of a franchise to you d. Lessor of Equipment Any person or organization from whom you lease equipment, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' caused in whole or in part by your maintenance, operation or use of such equipment, provided that the 'occurrence' giving rise to such 'bodily injury' or 'properly damage' or the offense giving rise to such 'personal and advertising injury' takes place prior to the termination of such lease. e. Lessor of Land Any person or organization from whom you lease land, but only with respect to liability for 'bodily injury', 'property damage' or'personal and advertising injury' arising out of the ownership, maintenance or use of that specific part of the land leased to you, provided that the 'occurrence' giving rise to such 'bodily injury' or 'property damage' or the offense giving rise to such 'personal and advertising injury', takes place prior to the termination of such lease The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. f. Lessor of Premises An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only with respect to liability for 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of the ownership, maintenance or use of such part of the premises leased to you, and provided that the'occurrence'giving rise to such'bodily injury'or'property damage'or the offense giving rise to such 'personal and advertising injury',takes place prior to the termination of such lease.The insurance hereby afforded to the additional insured does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. g. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or receivers liability for'bodily injury', 'property damage'or'personal and advertising injury' arising out of the ownership, maintenance,or use of a premises by you. This insurance does not apply to structural alterations, new construction or demolition operations performed by, on behalf of or for such additional insured. h. State or Political Subdivisions A state or government agency or subdivision or political subdivision that has issued a permit or authorization, but only with respect to such government agency or subdivision or political subdivision's liability for'bodily injury', 'property damage'or'personal and advertising injury'arising out of: (1) The following hazards in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings,sidewalk vaults,street banners, or decorations and similar exposures;or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance, or SB146932F(6-16) Page 3 of 7 Copyright,CNA All Rights Reserved. CNA SB146932F (Ed.6-16) (2) The permitted or authorized operations performed by you or on your behalf. But the coverage granted by this paragraph does not apply to: (a) 'Bodily injury', 'property damage' or 'personal and advertising injury' arising out of operations performed for the state or government agency or subdivision or political subdivision;or (b) "Bodily injury'or'property damage'included within the 'products-completed operations hazard.' With respect to this provision's requirement that additional insured status must be requested under a 'written contract', we will treat as a 'written contract' any governmental permit that requires you to add the governmental entity as an additional insured. i. Trade Show Event Lessor With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any person or organization .whom you are required to include as an additional insured, but only with respect to such person or organization's liability for 'bodily injury', 'properly damage', or 'personal and advertising injury'cause by: a. Your acts or omissions;or b. Acts or omissions of those acting on your behalf; in the performance of your ongoing operations at the trade show premises during the trade show event. j. Other Person or Organization Any person or organization who is not an additional insured under paragraphs a.through i.above. Such additional insured is an insured solely for'bodily injury', 'properly damage' or'personal and advertising injury'for which such additional insured is liable because of your acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: (1) For'bodily injury,' properly damage,'or'personal and advertising injury'arising out of the rendering or failure to render any professional services; (2) For'bodily injury'or'property damage'included in the 'products-completed operations hazard.' But this provision(2)does not apply to such 'bodily injury'or'property damage' if: (a) It is entirely due to your negligence and specifically results from your work for the additional insured which is the subject to the'written contract'; and (b) The'written contract'requires you to make the person or organization an additional insured for such 'bodily injury'or'property damage';or (3) Who is afforded additional insured coverage under another endorsement attached to this policy. C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE With respect only to additional insured coverage provided under paragraphs A. and B. above: 1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the Condition entitled Other Insurance: This insurance is excess of all other insurance available to an additional insured whether primary, excess, contingent or on any other basis. However, if a 'written contract' requires that this insurance be either primary or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. 2. Under Liability and Medical Expense Definitions,the following definition is added: 'Written contract' means a written contract or agreement that requires you to make a person or organization an additional insured on this policy, provided the contractor agreement: a. Is currently in effect or becomes effective during the term of this policy; and b. Was executed prior to: SB146932F(6-16) Page 4 of 7 Copyright,CNA All Rights Reserved CNA S8146932F (Ed.6-16) (1) The'bodily injury'or'property damage';or (2) The offense that caused the 'personal and advertising injury'; for which the additional insured seeks coverage. II. LIABILITY EXTENSION COVERAGES It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement to such provision do not apply. A. Bodily Injury—Expanded Definition Under Liability and Medical Expenses Definitions,the definition of'Bodily injury' is deleted and replaced by the following: 'Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical injury,sickness or disease. B. Broad Knowledge of Occurrence Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: Paragraphs a.and b.above apply to you or to any additional insured only when such 'occurrence,'offense, claim or'suit'is known to: (1) You or any additional insured that is an individual, (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any'executive officer or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust;or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph applies separately to you and any additional insured. C. Estates,Legal Representatives and Spouses The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives and spouses only for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks damages from marital common property, jointly held property, or property transferred from such natural person insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative or spouse outside the scope of such person's capacity as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are insureds with respect to such spouses' acts,errors or omissions in the conduct of the Named Insured's business. D. Legal Liability—Damage To Premises 1. Under B.Exclusions,I.Applicable to Business Liability Coverage, Exclusion k.Damage To Property, is replaced by the following: k. Damage To Properly 'Property damage'to: 1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of SB146932F(6-16) Page 5 of 7 Copyright,CM All Rights Reserved CNA SB146932F (EdEd.6-16) such property for any reason, including prevention of injury to a person or damage to another's property; 2. Premises you sell, give away or abandon, if the 'properly damage' arises out of any part of those premises, 3. Property loaned to you, 4. Personal property in the care, custody or control of the insured; 5. That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly in your behalf are performing operations, if the 'property damage' arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because 'your work' was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are 'your work' and were never occupied, rented or held for rental by you. Paragraphs 1,3, and 4, of this exclusion do not apply to'property damage' (other than damage by fire or explosion)to premises: (1) rented to you: (2) temporarily occupied by you with the permission of the owner, or (3) to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D— Liability and Medical Expenses Limits of Insurance. Paragraphs 3,4,5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to 'property damage' included in the 'products-completed operations hazard.' 2. Under B.Exclusions,1.Applicable to Business Liability Coverage,the following paragraph is added,and replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and Advertising Injury: Exclusions c,d,e,1,g,h,I,k, I,m,n,and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D.Liability And Medical Expenses Limits Of Insurance. 3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of 'property damage' to any one premises, while rented to you or temporarily occupied by you with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. E. Personal and Advertising Injury—Discrimination or Humiliation 1. Under Liability and Medical Expenses Definitions, the definition of 'personal and advertising injury' is amended to add the following: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of: (a) The insured; or SB146932F(6-16) Page 6 of 7 Copyright,CNA AS Rights Reserved. SCNAd632F (Ed.6-16) (b) Any 'executive officer,' director, stockholder, partner, member or manager (if you are a limited liability company)of the insured,and (2) Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. 2. Under B. Exclusions,1.Applicable to Business Liability Coverage, the exclusion entitled Personal end Advertising injury is amended to add the following additional exclusions: (1S)Discrimination Relating to Room,Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, Selling or premises by or at the direction of any insured. (16)Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any insured. (17)Finas or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. 3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if Personal and Advertising Injury Liability is excluded either by the provisions of the Policy or by endorsement F. Personal and Advertising Injury-Broadened Eviction Under Liability and Medical Expenses Definitions, the definition of 'Personal and advertising injury' is amended to delete Paragraph c and replace it with the following. C. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord or lessor. G. Waiver of Subrogation—Blanket We waive any right of recovery we may have against: a. Any person or organization with whom you have a written contract that requires such a waiver. All other terms and conditions of the Policy remain unchanged. SB146932F(6-16) Page 7 of 7 Copyright,CNA All Rights Reserved. CNA SB146968B (Ed. 6-16) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects,Engineers and Surveyors This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. Who Is An Insured is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy;and 2. Executed prior to the: a. 'Bodily injury'or'property damage';or b. Offense that caused the'personal and advertising injury', for which the additional insured seeks coverage B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for 'bodily injury', 'property damage'or'personal and advertising injury'caused in whole or in part by: a. Your acts or omissions;or b. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the written contract or written agreement;or c. 'Your work' that is specified in the written contract or written agreement, but only for 'bodily injury' or 'property damage' included in the'products-completed operations hazard', and only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not in addition to,the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to 'bodily injury', 'property damage' or 'personal and advertising injury' arising out of an architects, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager;or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. SB1469688(6-16) Page 1 of 2 Copyright,CNA AU Rights Reserved. SB146968B CNA (Ed. 6-16) 4. The insurance provided to the additional insured does not apply to'bodily injury, 'property damage' or 'personal and advertising injury arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. Under Businsssowners Liability Conditions, the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended to add the following: An additional insured under this endorsement will as soon as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or'suit'under this insurance; 2. Tender the defense and indemnity of any claim or"suit'to us for a loss we cover under this Coverage Part; 3. Except as provided for in paragraph D.2.below: a. Tender the defense and indemnity of any claim or 'suit' to any other insurer which also has insurance for a loss we cover under this Coverage Part;and b. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnity an additional insured under this endorsement until we receive written notice of a claim or'suit'from the additional insured D. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2.and 3.and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, But if required by the written contract or written agreement,this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess,we will have no duty under Business Liability insurance to defend the additional insured against any 'suit' if any other insurer has a duly to defend the additional insured against that 'suit' If no other insurer defends,we will undertake to do so, but we will be entitled to the additional 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: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance;and (b) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. The condition entitled Transfer of Rights of Recovery Against Others to Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to deleted paragraph 2.and replace it with the following: 2. We waive any right of recovery we may have against any person or organization with whom you have agreed to waive such right of recovery in a written contract or agreement 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 it= organization and included within the'products-completed operations hazard.' All other terms and conditions of the Policy remain unchanged. a SB146968B(6-16) Page 2 of 2 Copyright,CNA AU Rights Reserved. Search L81 • W WasFmgt ni tute Department of kJ Labor & Industries BERNARDO WILLS ARCHITECTS PC Owner or tradespersro 153 S JEFFERSON ST GARY BERNARDO SPOKANE,WA 992014103 Doing business as BERNARDO WILLS ARCHITECTS PC NA LB(No Governv:g persons 601 317114 GARY M BERNARDO CYNTHIA PACE, DELL HATCH, CYNTHIA PACE, DELL HATCH. Workers' comp Do you know if the business has employees?It so,verify the business is up-to-date on workers'comp premiums L31 Axount ID Account is current. 809,775-00 Doing c.I>nm-s as BERNARDO WILLS ARCHITECTS PC ESL matsoo wiMNr rip nren Quarter 4 of Year 2018"31 to 50 Workers" Ldl mee..nt Lortacl T1/JAN BENTLEY(360)902-0652-Email:STR02351glni.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 BERNARC-01JWOLFER DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/30/2019 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 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). Jenna Wolfer CONTACT PRODUCER NAME: Alliant Insurance Services, Inc. PHONEFAX (509) 624-3291(509) 456-0294 (A/C, No, Ext):(A/C, No): 818 W Riverside Ave Ste 800 E-MAIL jenna.wolfer@alliant.com Spokane, WA 99201 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # National Fire Insurance Company of Hartford20478 INSURER A : Transportation Insurance Company20494 INSURED INSURER B : Travelers Casualty and Surety Company of America 31194 Bernardo-Wills Architects INSURER C : 153 S Jefferson Street INSURER D : Spokane, WA 99204 INSURER E : INSURER F : COVERAGESCERTIFICATE 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. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 300,000 DAMAGE TO RENTED X 207247510311/1/201911/1/2020 CLAIMS-MADEOCCUR XX $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT OTHER:$ A 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) 402449236711/1/201911/1/2020 ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED X AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ B 4,000,000 XX UMBRELLA LIAB OCCUR EACH OCCURRENCE$ 207247506711/1/201911/1/2020 4,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE$ 10,000 X DEDRETENTION$ $ A PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N 207247510311/1/201911/1/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 2,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ C Professional Liab0105740569LB2/1/20192/1/2020 Professional Liab3,000,000 C Professional Liab0105740569LB2/1/20192/1/2020 Retention35,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Spokane Valley is additional insured with respects to general liability arising out of the operations by the named insured where required by written contract. Forms attached. Project: Balfour Park Master Plan Update #19-086 CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley 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