19-064.00 Architects West: Tourism Project Studies Contract No. 19-064
AGREEMENT FOR PROFESSIONAL SERVICES
Architects West, Inc.
THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of
Washington, hereinafter"City" and Architects West, Inc., 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 thatthe 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(nsth professional liability coverage) Page I of 9
Contract No. 19-064
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 an agreed upon hourly rate up to a maximum amount of$10,000.00 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 reasonablejudgment 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:Architects West,Inc.
Phone:(509)720-5000 Phone:208.667.9402
Address: 10210 East Sprague Avenue Address:210 E Lakeside Ave
Spokane Valley, WA 99206 Coeur d'Alene,ID 83814
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 Reeardine 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
Agreement for Professional Serves(with professional liability coverage) Page 2 of 9
Contract No. 19-064
entity (federal, state, or local) with commission of any of the offenses enumerated in
paragraph(A)(2)of this certification;and
4. Have not within a three-year period preceding this application/proposal had one or more
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 piepared 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 piepared 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:
I.Automobile liability insurance covering alt 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 0l 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
Agreement for Professional Services(with professional liability coverage) Page 3 of9
Contract No. 19-064
CG 20 26.
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:
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 coned 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:V II.
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
Agreement for Professional Services(with professional liability coverage) Page 4 of 9 I�
Contract No. 19-064
retention level.Insuring companies or entities are subject to City acceptance. If requested,complete
copies of insurance policies shall be provided to City. Consultant shall be financially responsible for
all pertinent deductibles,self-insured retentions,and/or self-insurance.
12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend,indemnify,and hold
harmless City and its officers,agents, and employees,from any and all claims,actions, suits,liability, loss,
costs,attorney's fees,costs of litigation,expenses,injuries,and damages of any nature whatsoever relating to or
arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Consultant,
Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law,
subject only to the limitations provided below.
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
Consultants waiver of immunity under this provision extends only to claims against Consultant by City,and
does not include,or extend to,arty 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.
Agreement for Professional Services(with professional liability coverage) Page 5 of 9
Contract No. 19-064
16.Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be
confidential. Consultant shall not disclose such information without the prior express written consent of City
or upon order of a court of competent jurisdiction.
17. Jurisdiction and Venue, This Agreement is entered into in Spokane County, Washington. Disputes
between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane
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 Arbitrnror(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,of 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
B. Hourly rates
C. Insurance Certificates
D. Assurance of compliance with applicable federal law.
The Parties have executed this Agreement this2�ay of April ,2019.
Y
C 7YY OF SPOKANE VALLEY Consultant:
Mar<Calhoun,City Manager By: % --
Its: Authorized Representative
ATTEST:
Agreement for Professional Services(with professional liability coverage) Page 6 of9
�� n Contract No. 19-064
C 4.414. , < Aik i1'N
Christine Bainbridge,City Clerk:
APIelVEDnS FORM:
Office
oeCity
Agreement for Professional Services(with professional liability coverage) Page 7 of 9
w- 210 g Lakeside Ave t.108.667_9462
\Y Architects (est C oeur d'Alene.ID 83814 architectawest.com
4-16-2019
City of Spokane Valley
Attn: John Hohman
10210 E.Sprague Ave.
Spokane Valley, WA 99206
RE: City of Spokane Valley-Tourism Project Studies
Dear Mr.Hohman,
Serving as an attachment to the contract between the City of Spokane Valley and Architects West,below
is a scope of work statement,applicable to `Tourism Project Studies' services to be performed by
Architects West,for the City of Spokane Valley.
Scope of Work: Consultant shall provide services to the City of Spokane Valley on an as-needed basis,
to study the following two potential project tourism-related project opportunities:
• A new 50,000sf multi-purpose building on the Spokane County Fairgrounds property
• An approximately 60-acre sports complex In the City of Spokane Valley.
The consultant shall attend and facilitate meetings,provide design studies,options,graphic
presentations,and oral presentations as required by the City of Spokane Valley to facilitate the
decision-making process relative the two potential projects listed above.
This scope of work applies for the duration,and not-to-exceed amount of the before-mentioned contract,
ending December 31,2019.
Sincerely,
ARCHITECTS WEST,INC.
i
i-
Steve Roth
Enc.
cc: Deanna Horton
DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION
PRIOR TO PUBLIC DISCLOSURE
This page has been inserted in place of the page(s) entitled "Hourly Rate Schedule" of a
contract document which sets forth the rates charged by the contracting entity. Pursuant to
the Washington Public Records Act (RCW 42.56), the City has determined that this record may
be available for disclosure upon request for review by a third party. However, pursuant to RCW
42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the
contracting entity notification of any request for this record to allow them time to determine if
they wish to seek to obtain a court order requiring the record to be withheld.
Please contact the City Public Records Officer at (509) 720-5000 or visit our website at
www.spokanevalley.org to complete a Public Record Request to receive a copy of this record.
1
ARCHWES-01 AWOLFSO
A� - I DATEIMMNMTYrI
CERTIFICATE OF LIABILITY INSURANCE 4/19/2019
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.
must have
AL
ovisions or be
ed.
If
IMPORTANT:
UBROGATIONthe certificate holder Is IS WAIVED, subject ton the ADDITIONAL
terrms ndiNSURE%the c 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&een
NOMN.4Ed orsement(s).
PRODUCER MepF
CT
Hub International Northwest LLC INC,Ne,exty(509)747-3121Ifs.Not(509)623-1073
Sp BanWA 99220 {ks$.nowspklnfo@hubinternatlonai.com
Spokane, INSURERS)AFFORDING COVERAGE NAICII
INSURER A:Continental Casualty Company 20443
INSURED INSURER a•Idaho State Insurance Fund 36129
ArchitectsE West,
Inc INSURER C:Admiral Indemnity Company 44318
210 Lakeside Ave83 INSURER
Coeur D Alone,ID 89014 INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
INDICATEDY PERIOD
MRS IS TO CNOTTWTHSTANDING POLICIES
REQUIREMENT. TERMNCE )OR CONDD ITONW AVE BEEN ISSUED OF ANY CONTRACT OR OTHER DOCUMENT WTHE INSURED NAMED IRE RESPECT TO FOR THE 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_
pDDL 6UBR POLICY EFF POLICY EXP LIMITS
)LTR TR TYPE OF INSURANCE )NSB vii POLICY NUMBER IMwWfllYYI IMWOOMNYI
LA X COMMERCIAL GENERAL GARRITY EACH OCCURRENCE 1,000,000
CLAIMS-MADE nOCCUR X X 6025009750 11/1/2018 11/1/2019 PRMEda EMIO l 100,000
5,000
MED EXP(MY one Larson)
PERSONAL SADV INJURY 1,000,000
GENERAL AGGREGATE 2,000,000
GE1 pokierAGGREGATE LIMIT PPP�I�EI PER; 1,000,000
OTHR X JpERCL}1 I La PRODUCTS tO LiabP AGO
HNOA-Auto Llab 1,0110,000
OTHER COMBINED SINGLE LIMIT 1,00 0,000
A AUTOMOBILE MERIT. (Ea accident)
_ANY AUTO _ pp X X 6025009760 11/112018 111112019 sonar INJURY(Parma))
AUTOS X AUTOS�LED BODILY INJURY IPP accident)
X A IS INSURED NE EOL9
rAprojnyemAGE
X z A8T8 I 1,000,000
A X UMBRELLA GAB , OCCUR EACH OCCURRENCE
EXCESSLIAB CLAIMS-MADE 6025010381 11/1/2018 11/1/2019 AGGREGATE 1,000,000
DED X RETENTIONS 10,000
B WORKERS COMPENSATION PERT)nE FRH
AND EMPLOYERS'uAeMtt YIN 411/2019 4/1/2020 1,000,00D
ANY PROPRIETORPXCWDEDXECUTNE 581862 E L EACH ACGDENT
D n EwM EXCLUDED? xrA 1,000,000
(Ra CP mn, V EL DISEASE-FA EMPLOYEE 1,000,000
If DES de to under EL DISEASE LIMIT
DESCRIPTION OF OPERATIONS bOCIN
C Errors/OmiOmI ssions Lia E0000046702-01 8/812018 8/8/2019 Each Clain 2,000,000
C ErrorslOmissions Lia E0000046702-01 8/0/2018 8/8/2019 Aggregate 4,000,000
DESCRFTIOR OF OPERATIONS I LOCATIONS/VEHICLES (ACORD WI Additional Remarks SeMdub,ma M attached N mons Is mqulndl
City of Spokane Valley,Washington is Additional Insured respects operations of the Named Insured(Tourism Project Studies).
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY of Spokane Valley,Washington
ACCORDANCE WITH THE POLICY PROVISIONS.
10210 E.Sprague Avenue
Spokane Valley,WA 99206 W1
AUTHORIZED REPRESENTATIVE
1124k4
ACORD 26(2016/03) ®1980-2016 ACORD CORPORATION. An rights reserved.
The ACORD name and logo are registered marks of ACORD
CNA80103XX
CNA (09-14)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
PRIMARY AND NONCONTRIBUTORY-
OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:
BUSINESSOWNERS COMMON POLICY CONDITIONS
The following is added to Paragraph II. Other Insurance and supersedes any provision to the contrary.
Primary And Noncontributory Insurance
This insurance is primary to and will not seek contribution from any other insurance available to an additional insured
under your policy provided that:
1. The additional insured is a Named Insured under such other insurance,and
2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek
contribution from any other insurance available to the additional insured.
All other terms and conditions of the Policy remain unchanged
CNA80103XX(09-14)
Page 1 of 1
CopynglK CNA All Rights Reserved Includes copyrighted maleficent Insurance Services Office,Inc,with Its permission
SB146932F
CNA A (Ed.6-16)
BLANKET ADDITIONAL INSURED
AND
LIABILITY EXTENSION ENDORSEMENT
This endorsement modifies insurance provided under the following
BUSINESSOWNERS LIABILITY COVERAGE FORM
BUSINESSOWNERS COMMON POLICY CONDITIONS
TABLE OF CONTENTS
I. Blanket Additional Insured Provisions
A. Additional Insured-Blanket Vendors
B. Miscellaneous Additional Insureds
C. Additional Provisions Pertinent to Additional Insured Coverage
1. Primary-Noncontributory provision
2. Definition of"written contract."
II. Liability Extension Coverages
A. Bodily Injury-Expanded Definition
B. Broad Knowledge of Occurrence
C. Estates,Legal Representatives and Spouses
D. Legal Liability-Damage to Premises
E. Personal and Advertising Injury-Discrimination or Humiliation
F. Personal and Advertising Injury-Broadened Eviction
G. Waiver of Subrogation-Blanket
I. BLANKET ADDITIONAL INSURED PROVISIONS
A. ADDITIONAL INSURED-BLANKET VENDORS
Who Is An Insured is amended to include as an additional insured any person or organization (referred to below
as vendor)with whom you agreed under a"written contract"to provide insurance, but only with respect to"bodily
injury"or"property damage"arising out of"your products"which are distributed or sold in the regular course of the
vendor's business,subject to the following additional exclusions:
1. The insurance afforded the vendor does not apply to:
a. "Bodily injury"or"property damage" for which the vendor is obligated to pay damages by reason of the
assumption of liability in a contract or agreement This exclusion does not apply to liability for damages
that the vendor would have in the absence of the contract or agreement;
b. Any express warranty unauthorized by you,
c. Any physical or chemical change in the product made intentionally by the vendor;
d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the
substitution of parts under instructions from the manufacturer, end then repackaged in the original
container;
5B146932F(6-16)
Page 1 of 7
CopyngM,CNA All Rights Reserved.
SB146932F
CNA (Ed.6-16)
e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make
or normally undertakes to make in the usual course of business,in connection with the distribution or sale
of the products;
f. Demonstration, installation, servicing or repair operations, except such operations performed at the
vendoes premises in connection with the sale of the product;
g. Products which,after distribution or sale by you, have been labeled or relabeled or used as a container,
part or ingredient of any other thing or substance by or for the vendor;or
h. "Bodily injury'or"property damage" arising out of the sole negligence of the vendor for its own acts or
omissions or those of its employees or anyone else acting on its behalf However,this exclusion does not
apply to:
(1) The exceptions contained in Subparagraphs d. orf.;or
(2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally
undertakes to make in the usual course of business, in connection with the distribution or sale of the
products.
2. This insurance does not apply to any insured person or organization, from whom you have acquired such
products,or any ingredient,part or container,entering into,accompanying or containing such products.
3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and
made a part of this Policy
4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products-
completed operations hazard"is excluded either by the provisions of the Policy or by endorsement.
B. MISCELLANEOUS ADDITIONAL INSUREDS
1. Who Is An Insured is amended to include as an insured any person or organization (called additional
insured) described in paragraphs 3.a. through 3.j. below whom you are required to add as an additional
insured on this policy under a"written contract":
2. However, subject always to the terms and conditions of this policy, including the limits of insurance, we will
not provide the additional insured with:
a. A higher limit of insurance than required by such written contract";
b. Coverage broader than required by such "written contract"and in no event greater than that described by
the applicable paragraph a.through k. below;or
c. Coverage for "bodily injury' or "property damage" included within the "products-completed operations
hazard." But this paragraph c. does not apply to the extent coverage for such liability is provided by
paragraph 3.j.below.
Any coverage granted by this endorsement shall apply only to the extent permitted by law
3. Only the following persons or organizations can qualify as additional insureds under this endorsement.
a. Controlling Interest
Any persons or organizations with a controlling interest in you but only with respect to their liability arising
out of.
(1) such person or organization's financial control of you;or
h (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
c
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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
My person or organization that has granted a franchise to you, but only with respect to such person or
organization's liability for "bodily injury", "property damage", or "personal and advertising injury" as
grantor of a franchise to you.
d. Lessor of Equipment
Any person or organization from whom you lease equipment, but only with respect to liability for"bodily
injury", "property damage" or "personal and advertising injury" caused in whole or in part by your
maintenance, operation or use of such equipment, provided that the "occurrence" giving rise to such
"bodily injury or"property damage" or the offense giving rise to such "personal and advertising injury"
takes place prior to the termination of such lease.
e. Lessor of Land
Any person or organization from whom you lease land, but only with respect to liability for"bodily injury",
"property damage"or"personal and advertising injury'arising out of the ownership, maintenance or use
of that specific part of the land leased to you, provided that the "occurrence" giving nse to such "bodily
injury' or "property damage" or the offense giving rise to such "personal and advertising injury", takes
place prior to the termination of such lease.The insurance hereby afforded to the additional insured does
not apply to structural alterations,new construction or demolition operations performed by,on behalf of or
for such additional Insured
f. Lessor of Premises
An owner or lessor of premises leased to you, or such owner or lessor's real estate manager, but only
with respect to liability for"bodily injury", "property damage" or "personal and advertising injury' arising
out of the ownership, maintenance or use of such part of the premises leased to you, and provided that
the"occurrence"giving rise to such"bodily injury'or"property damage"or the offense giving rise to such
"personal and advertising injury',takes place prior to the termination of such lease.The insurance hereby
afforded to the additional insured does not apply to structural alterations, new construction or demolition
operations performed by,on behalf of or for such additional insured.
g. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee, or
receiver's liability for"bodily injury', "property damage"or"personal and advertising injury'arising out of
the ownership, maintenance,or use of a premises by you
This insurance does not apply to structural alterations, new construction or demolition operations
performed by,on behalf of or for such additional Insured.
h. State or Political Subdivisions
A state or government agency or subdivision or political subdivision that has issued a permit or
authorization, but only with respect to such government agency or subdivision or political subdivision's
liability for"bodily injury","property damage"or"personal and advertising injury arising out of.
(1) The following hazards In connection with premises you own, rent, or control and to which this
insurance applies:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs,
awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway
openings, sidewalk vaults,street banners, or decorations and similar exposures,or
(b) The construction,erection,or removal of elevators,or
(c) The ownership, maintenance or use of any elevators covered by this insurance,or
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(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", "properly damage" or "personal and advertising injury' arising out of operations
performed for the state or government agency or subdivision or political subdivision;or
(b) "Bodily injury"or"property damage"included within the"products-completed operations hazard."
With respect to this provision's requirement that additional insured status must be requested under a
"written contract",we will treat as a "written contract"any governmental permit that requires you to
add the governmental entity as an additional insured.
I. Trade Show Event Lessor
With respect to your participation in a trade show event as an exhibitor, presenter or displayer, any
person or organization whom you are required to include as an additional insured, but only with respect
to such person or organization's liability for "bodily injury", "property damage", or "personal and
advertising injury'cause by:
a. Your acts or omissions;or
b. Acts or omissions of those acting on your behalf,
in the performance of your ongoing operations at the trade show premises during the trade show event.
j. Other Person or Organization
Any person or organization who is not an additional insured under paragraphs a. through i. above. Such
additional insured is an insured solely for"bodily injury", "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,""property damage,"or'personal and advertising injury'arising out of the rendering
or failure to render any professional services:
(2) For"bodily injury'or"property damage"included in the "products-completed operations hazard." But
this provision(2)does not apply to such"bodily Injury'or"property damage"if:
(a) It is entirely due to your negligence and specifically results from your work for the additional
insured which is the subject to the"written contract";and
(b) The "written contract" requires you to make the person or organization an additional insured for
such"bodily Injury"or"property damage",or
(3) Who is afforded additional insured coverage under another endorsement attached to this policy.
C. ADDITIONAL PROVISIONS PERTINENT TO ADDITIONAL INSURED COVERAGE
With respect only to additional insured coverage provided under paragraphs A.and B. above.
1. The BUSINESSOWNERS COMMON POLICY CONDITIONS are amended to add the following to the
Condition entitled Other Insurance:
This insurance is excess of all other insurance available to an additional insured whether primary, excess,
contingent or on any other basis.However, if a"written contract'requires that this insurance be either primary
or primary and noncontributing, then this insurance will be primary and non-contributory relative solely to
insurance on which the additional insured is a named insured.
2. Under Liability and Medical Expense Definitions,the following definition is added:
"Written contract" means a written contract or agreement that requires you to make a person or organization
an additional insured on this policy,provided the contract or agreement:
a. Is currently In effect or becomes effective during the term of this policy,and
b. Was executed prior to:
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(1) The"bodily injury"or"property damage";or
(2) The offense that caused the'personal and advertising injury";
for which the additional insured seeks coverage.
II. LIABILITY EXTENSION COVERAGES
It is understood and agreed that this endorsement amends the Businessowners Liability Coverage Form If any
other endorsement attached to this policy amends any provision also amended by this endorsement, then that other
endorsement controls with respect to such provision,and the changes made by this endorsement to such provision do
not apply.
A. Bodily Injury—Expanded Definition
Under Liability and Medical Expenses Definitions,the definition of"Bodily injury"is deleted and replaced by the
following:
"Bodily injury' means physical injury, sickness or disease sustained by a person, including death, humiliation,
shock, mental anguish or mental injury by that person at any time which results as a consequence of the physical
injury,sickness or disease.
B. Broad Knowledge of Occurrence
Under Businessowners Liability Conditions, the Condition entitled Duties In The Event of Occurrence, Offense,
Claim or Suit is amended to add the following:
Paragraphs a.and b.above apply to you or to any additional insured only when such"occurrence,"offense,claim
or"suit"is known to:
(1) You or any additional insured that is an individual;
(2) Any partner, if you or an additional insured is a partnership;
(3) Any manager, if you or an additional insured is a limited liability company,
(4) Any'executive officer or insurance manager, if you or an additional insured is a corporation,
(5) Any trustee, if you or an additional insured is a trust;or
(6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity.
This paragraph applies separately to you and any additional insured
C. Estates, Legal Representatives and Spouses
The estates, heirs, legal representatives and spouses of any natural person insured shall also be insured under
this policy, provided, however,coverage is afforded to such estates,heirs, legal representatives and spouses only
for claims arising solely out of their capacity as such and, in the case of a spouse, where such claim seeks
damages from marital common property, jointly held property, or property transferred from such natural person
insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative or spouse outside the scope of such person's capacity as such, provided however that the spouse
of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are insureds with respect to such spouses'acts,errors or omissions in the conduct of the Named
Insured's business.
D. Legal Liability—Damage To Premises
1. Under B. Exclusions, 1.Applicable to Business Liability Coverage, Exclusion k. Damage To Property, is
replaced by the following.
k. Damage To Property
"Property damage"to.
1. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other
person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of
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such property for any reason, including prevention of injury to a person or damage to another's
property;
2. Premises you sell, give away or abandon, if the "property damage" arises out of any part of those
premises,
3. Property loaned to you;
4. Personal property in the care,custody or control of the insured;
5. That particular part of any real property on which you or any contractors or subcontractors working
directly or indirectly in your behalf are performing operations, if the "property damage" arises out of
those operations;or
6. That particular pad 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 ID—
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 hazara."
2. Under B. Exclusions, 1.Applicable to Business Liability Coverage,the following paragraph is added,and
replaces the similar paragraph, if any, beneath paragraph (14) of the exclusion entitled Personal and
Advertising Injury'
Exclusions c,d,e,f,g, h, i, k, I,m, n,and o, do not apply to damage by fire to premises while rented to you
or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a
period of 7 or fewer consecutive days.A separate limit of insurance applies to this coverage as described in
Section D. Liability And Medical Expenses Limits Of Insurance
3. The first Paragraph under item 5.Damage To Premises Rented To You Limit of the section entitled Liability
And Medical Expenses Limits Of insurance is replaced by the following.
The most we will pay under Business Liability for damages because of "property damage" to any one
premises, while rented to you or temporarily occupied by you with the permission of the owner, including
contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to
Premises Rented to You limit shown in the Declaration.
E. Personal and Advertising Injury—Discrimination or Humiliation
1. Under Liability and Medical Expenses Definitions, the definition of "personal and advertising injury" is
amended to add the following:
h. Discrimination or humiliation that results In injury to the feelings or reputation of a natural person, but only
if such discrimination or humiliation is:
(1) Not done Intentionally by or at the direction of
(a) The insured;or
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(b) Any "executive officer;'director, stockholder, partner, member or manager (if you are a limited
liability company)of the insured;and
(2) Not directly or indirectly related to the employment, prospective employment, past employment or
termination of employment of any person or person by any insured
2. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the exclusion entitled Personal and
Advertising injury Is amended to add the following additional exclusions:
(15)Discrimination Relating to Room,Dwelling or Premises
Caused by discrimination directly or indirectly related to the sale,rental, lease or sub-lease or prospective
sale,rental, lease or sub-lease of any room,dwelling or premises by or at the direction of any insured
(16)Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment,
past employment or termination of employment of any person by any insured.
(17)Fines or Penalties
Fines or penalties levied or imposed by a governmental entity because of discrimination.
3. This provision (Personal and Advertising Injury — Discrimination or Humiliation) does not apply if
Personal and Advertising Injury Liability Is excluded either by the provisions of the Policy or by
endorsement.
F. Personal and Advertising Injury-Broadened Eviction
Under Liability and Medical Expenses Definitions, the definition of "Personal and advertising injury" is
amended to delete Paragraph c.and replace it with the following.
c. The wrongful eviction from, wrongful entry into, or Invasion of the right of private occupancy of a room
dwelling or premises that a person or organization occupies committed by or on behalf of its owner, landlord
or lessor
G. Waiver of Subrogation—Blanket
We wa,ve 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.
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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
8
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 luabllity 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 architect's, engineer's, or surveyors 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
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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 Businessowners 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 bss we cover under this
Coverage Part
We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice
of a claim or"suit'from the additional insured
D. Wth 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 duty 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
(h) 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
g of this Coverage Part.
g 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
organization and included within the"products-completed operations hazard."
All other terms and conditions of the Policy remain unchanged.
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Contract No. 19-064
Exhibit D—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 apart 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 performed
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 in 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 liabibty coverage)
Contract No. 19-064
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
discrimination 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);
Tides II 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)