Loading...
19-066.00 Pondera Architecture: Review Council Chambers East Wall Contract No. 19-066 AGREEMENT FOR PROFESSIONAL SERVICES Pondera Architecture THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Pondera Architecture, hereinafter "Consultant."jointly referred to as "Parties" IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows. 1.Work to Be Performed. Consultant shall provide all labor,services,and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work,Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee,Consultant shall commence work,perform the requested tasks in the Scope of Services, stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement,Consultant represents it possesses the ability, skill,and resources necessary to perform the work and is familiar with all current laws, rules,and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that he 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 Seim ices l with professional liability co eragel Page I of 9 Contract No. 19-066 The Parties may agree to mutually approve a one-year extension to this Agreement on the same terms,with the exception that minor revisions to the fee schedule for hourly rates may be occur in the extension. 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 as set forth in the Fee Schedule, up to a maximum of$20,000 as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards,City Code,and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows. TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge. City Clerk Name: Eric Armstrong,NC ARB, AIA Phone. (509) 720-5000 Phone. (509)413-6220 Address: 10210 East Sprague Avenue Address: 811 West Second Avenue, Suite 204 Spokane Valley, WA 99206 Spokane,Washington 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 Reaardin2 Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A.By executing this Agreement,the Consultant certifies to the best of its knowledge and beliefthat it and its principals: I. 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: Agreement for Professional Services(with professional liability coverage) Page 2 of 9 Contract No. 19-066 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. Have not within a three-year period preceding this application/proposal had one or more 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 nght to control the particular manner.method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto 9. Ownership of Documents. All drawings,plans,specifications,and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part,any reports,data,drawings, images, or other material prepared under this Agreement,provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine,make excerpts or transcripts from such records,and to make audits of all contracts,invoices,materials,payrolls,and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees, or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below. 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 Agreement for Professional Services(v.uh professional liability coverage) Page 3 of 9 Contract No. 19-066 work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26 3. Workers'compensation coverage as required by the industrial insurance laws of the State of Washington. 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 CGO 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 thmished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to City on demand,or at the sole discretion of the City, offset against funds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement,which shall be Exhibit C. The certificate shall specify all of the parties Agreement for Professional Services INth professional liability co'erage) Page 4 of 9 Contract No. 19-066 who are additional insureds,and shall include applicable policy endorsements,and the deduction or retention level.Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12.Indemnification and Hold Harmless. Consultant shall,at its sole expense,defend, indemnify,and hold harmless City and its officers, agents. and employees, from any and all claims, actions, suits, liability, loss, costs,attorneys fees,costs of I itigation,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 anyway 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 9 Contract No. 19-066 the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may,from time-to-time,receive information which is deemed by City to be confidential Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane 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 he Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees) 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified,or altered except m 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 B Fee proposal C. Insurance Certificates D Assurance of compliance with applicable federal law. [he Parties have executed this Agreement this 10Th day of April, 2019. CITY OF SPOKANE VALLEY Consultant: Pondera Architecture Agreement for Professional Services l with professional liability coverage) Page 6 of 9 Contract No. 19-066 /07 rn Mark Calhoun,City Manager By: Eric Armstrong Its: Authorized Representative ATTE T: /, Christine Bainbridge,City Clerk. APPROVED A 0 FORM: S.A. / Office 49 he 'tyrney Agreement for Professional Services(with professional lability coverage) Page 7 of 9 Contract No. 19-066 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: I.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 of49 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 Profetiaunal Services(with professional liability coscrage) Page 8 of 9 Contract No. 19-066 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); Titles 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 co‘erage) Page 9 of 9 SCOPE OF SERVICES —Exhibit A Pondera Architecture shall resiew the plans and specifications, the as-built conditions, and all necessary contracts, reports and materials for the project, including but not limited to the contract between The City of Spokane Valley and Meridian Constriction, Inc., an architect's field reports, contractor's daily construction reports, soils testing reports, construction progress documentation, shop drawings and submittals, in order to provide opinions regarding responsibility. for an and all construction defect issues concerning City Hall at 10210 East Sprague. substantially completed in 2017, relating to the settlement of the tootingsifoundation for the curved wall in the Council Chambers, as well as any other issues and defects related to or caused b) the footing/foundation settlement. Pondera Architecture shall prepare and pro ide all necessary architectural plans, drawings and specifications for all recommended scope of repairs for any and all such construction defect issues and shall work with the City's other consultants with respect to the preparation and re+iew of all engineering and/or cieil plans, drawings and specifications for all recommended scope of repairs. Pondera Architecture shall further participate in any meetings requested by the City and/or its counsel on an as needed basis. FEE SCHEDULE—Exhibit B Pondera Architecture shall provide the services set forth in the Agreement and Scope of Services pursuant to the following hourly rates: Work by Architects-$200 ----a1 PONDARC-01 TSCHELLING A�Rn CERTIFICATE OF LIABILITY INSURANCE DA03/20/TE I 5019 ) _ 03/20/20'19 r THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDS T.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). PRODUCER2 T CT Kelly Egan,CPCU IAlliant Insurance Services,Inc PHO,Huo,EMI (509)323-3232 FAX 818 W Riverside Ave Ste 800 EMAI 1Spokane,WA 99201 ADDRESS kelly.egan(idalliant.com_ INSURERISI AFFORDING COVERAGE_ _ _ NFICA _ INSURERA Mutual of Enumclaw Insurance Company_ 141'51 I INSURED INSURER B.Hiscox Insurance Company Inc 10!30 Pondera Architecture,PC INSURER C 4517 West Northwest Blvd INSURER Spokane,WA 99205 INSURERS _ INSURERF 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 MTH RESPECT TO IAHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE PERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR ADDL SUER POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER IMM/DOM"YYI IMMIDDNYTYI ____— A COMMERCIAL GENERAL LIABIUTY EAC!GeL URRENCE $- 1,000000 CLAIMS-MADE X OCCUR BOP0006T83 01/08/2019 01/08/2020 DAMAGI OR51JrEL X X 3P€N14LS iFa g�. _ - MED EAP Any'RE.e'¢on $ — 10'000 PERSONA &ADV INJURY $ OEN'L AGGREGATE LIMIT APPLIES PER GENERA_AGGREGATE $ 2'000'000 X POLICY LOC PRODULTS-COMP/OP AGO $ OTHER $ A -- COMBINED SINGLE IIMIT 1,000,000 PUTOMOBILE LIABILITY IEee menti ___ ' ANY AUTO X X BOP0006783 01/08/2019 01/08/2020 BODILY INJURY Pe rsom $ _ _ AUTOS DONLY SCHEDULED _ — pp peomLv,NIuaY,Per aamsm $_ X AUTOS ONLY x AUTOS ONEY ,PeOr ae'JentDAMAGE UMBRELLA LIPS I OCCUR EACH OCCURRENCE $ -- EXCESS LIAe CLAIMEMADE AGGPEGATE S DEL) RETENTION$ S ._ WORKERS COMPENSATION 1 PER IFT_ AND EMPLOYERS LIABILITY YIN -- ANY PROPRIETORFPRTNERIEAECUrIVE E L EACH ACCID_N r__ 6_ _ /MEMSE E+:LUDED' NIA /Mandatory in NH} E L DIS ASE-EA ENPLOYEEI a If yes deecnbe under DESCRIPTION OF OPERATIONS below EL DISIASE=POLICY LIMO- B Professional Liabili URA1421993.18 04/16/2018 04/16/2019 Professional Liab 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 101,Additional Remarks Schedule,may be attached R more space Is required, The City of Spokane Valley,a code City of the State of Washington Is listed as addtional Insured in respects to projects performed by Ponders Archi ecmre CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityofS Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELI'JER'ED IN P ACCORDANCE WITH THE POLICY PROVISIONS Christine Bainbridge-City Clerk 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE fr75 7. -- 1 iT ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights ieservecl. The ACORD name and logo are registered marks of ACORD f. We may elect to defend you against suits The following is added to Section I—Property arising from claims of owners of property We If you are a building owner(s), you are an nsJied will do this at our expense but only with respect to the coverage provided g. We will pay for covered loss or damage within under this Policy for direct physical loss or damage 30 days after we receive the sworn proof of to the building(s) described in the Declarations and loss, provided you have complied with all of the owned by you All other policy terms ana terms of this policy, and conditions apply (1) We have reached agreement with you on The following changes revise Section II— Liability. the amount of loss, or (2) An appraisal award has been made Paragraph C. Who Is An Insured is amended to include the following h. A party wall is a wall that separates and is 1. Blanket Additional Insured common to adjoining buildings that are owned by different parties In settling covered losses a. Any person or organization when you and sdch involving a party wall, we will pay a proportion person or organization have agreed in writing in of the loss to the party wall based on your a contract or agreement, executed prior to any interest in the wall in proportion to the interest "occurrence", that such person or organization of the owner of the adjoining building However, be added as an additional insured on your if you elect to repair or replace your building policy Such person or organization is an and the owner of the adjoining building elects additional insured only with respect Io haioi ity not to repair or replace that building,we will pay for "bodily injury , "property damage ci you the full value of the loss to the party wall, "personal and advertising injury" cause:, in subject to all applicable policy provisions whole or in part, by including Limits of Insurance and all other (1) Your acts or omission; or provisions of this Loss Payment Condition Our (2) The acts or omissions of those acting on payment under the provisions of this paragraph your behalf, does not alter any right of subrogation we may have against any entity, including the owner or In the performance of your ongoing operations insurer of the adjoining building, and does not for the additional insured, or in connection with alter the terms of the Transfer Of Rights Of your premises owned by or rented to you Recovery Against Others To Us Condition in A person's or organization's status as an this policy additional insured under this endoisement 7. Paragraph G. Optional Coverages in Section I — ends when your contract or agreement with Property is deleted in its entirety such person or organization ends 8. OTHER INSURANCE UNDER THE SAME (b) The Limits of Insurance applicaole to the POLICY Additional insured are those specified in the written contract or agreement but lot nore If there is other insurance under this policy covering than the Limits of Insurance specified in the the same loss or damage, we will pay only for the Declarations of this policy The Limits of amount of covered loss or damage In excess of the Insurance apphcab!e to the Additional Inured sum of are inclusive of and not in addition to the Lirri s a. The amount that such other insurance paid for of Insurance shown in the declarations for the the loss or damage, and Named Insured b. The amount of the deductible applicable to the All other policy terms anc conditions apply loss or damage under the other insurance. However, we will not pay more than the applicable The following changes revise Section III — Common Policy Conditions Limit of Insurance Paragraph H. Other Insurance is amended to add the 9. The following is added to Paragraph H. Property following subparagraph Definitions. "Fine Arts" means paintings, etchings, pictures, 4. Other Insurance As Excess Insurance tapestries, rare or art glass, art glass windows, To the extent required by an 'insured contract', this valuable rugs, statuary, sculptures, "antique" insurance is primary on behalf of the addiiional furniture, "antique" jewelry, bric-a-brac, porcelains insured, and any other insurance maintained by the and similar property of rarity, historical value or additional insured is excess and not cortnbutory artistic merit "Antique" means an object having with this insurance If the 'insured contract" does value because its craftsmanship is in the style or not require this provision, then Paragraph 1. above fashion of former times and its age is 100 years or will apply older EB 99 01 03 17 Includes copyrighted material of Insurance Services Office, Inc with its permission Page 19 of 19 POLICY NUMBER BOP 0006783 07 BUSINESSOWNERS BP 04 20 01 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON HIRED AUTO AND NON-OWNED AUTO LIABILITY This endorsement modifies insurance provided under the following BUSINESSOWNERS COVERAGE FORM SCHEDULE Coverage Additional Premium Hired Auto Liability $ INCL Non-owned Auto Liability $ INCL Information required to complete this Schedule, if not shown above, will be shown in the Declarations _ A. Insurance is provided only for those coverages for B. For insurance provided by this erdorsement only which a specific premium charge is shown in the 1. Paragraph B.1. Exclusions Applicabla To Declarations or In the Schedule Business Liability Coverage in Section II -- 1. Hired Auto Liability Liability, other than Exclusions a., b., d., t. Paragraph A.1. Business Liability in Section and i. and the Nuclear Energy Liability Ex- II — Liability applies to "bodily injury" or"prop- elusion, are deleted anc replaced by the fnllow- erty damage"arising out of the maintenance or ing use of a "hired auto" by you or your "employ- a. The following exclusion applies only wit ees" in the course of your business respect to"bodily injury" to 2. Non-owned Auto Liability (1) "Employees" of the insured whose em- Paragraph A.1. Business Liability in Section ployment is not subject to the Industrial II — Liability applies to "bodily injury" or "prop- Insurance Act of Washington (Wa.hinc- erty damage" arising out of the use of any ton Revised Code Title 61) "non-owned auto" in your business by any per- "Bodily injury"to son (a) An "employee' of the insured ansin.l out of and in the course of (i) Employment by the insured, or (ii) Performing duties related to thea conduct of the Insureds busi- ness, or BP 04 20 01 10 c Insurance Services Office,Inc.2009 Page 1 of 3 ❑ (b) The spouse, child, parent, brother or 2. Paragraph C. Who Is An Insured in Section II sister of that "employee"as a conse- —Liability is replaced by the following quence of(a)above 1. Each of the following is an insured under This exclusion applies this endorsement to the extent set forth be- (1) Whether the insured may be liable as low an employer or in any other cap- a. You, acity. and b. Any other person using a "hired auto" (2) To any obligation to share damages with your permission, with or repay someone else who c. For a"non-owned auto" must pay damages because of the injury (1) A partner or "executive officer' of This exclusion does not apply to yours, or (2) Any "employee_'of yours, (1) Liability assumed by the insured under an "insured contract", or but only while sue, "non-owned auto' is being used in your business; and (2) "Bodily injury" arising out of and in the course of domestic employment d. Any other person or organization, but or- by the insured unless benefits for ly for their liability because of acts cr such injury are in whole or in part ei- omissions of an insured under a., b. or c. ther payable or required to be pro- above vided under any workers' compensa- 2. None of the following is an insured tion law a. Any person engaged in the business of (2) "Employees" of the insured whose em- his or her employer for "bodily injury" to ployment is subject to the Industrial In- any co-"employee" of such person in- surance Act of Washington (Washington jured in the course of employment, Revised Code Title 51) b. Any partner or "executive officer" for any "Bodily injury" to an "employee" of the "auto" owned by such partner or officer insured arising out of and in the course or a member of his or her household. of c. Any person while employed in or other- (a) Employment by the insured, or wise engaged in duties in connection (b) Performing duties related to the con- with an "auto business" other than an duct of the insured's business "auto business" you operate, This exclusion applies to any obligation d. The owner or lessee (of whom you are a to share damages with or repay some- sublessee) of a "hired auto" or the own- one else who must pay damages be- er of a "non-owned auto" or any agent or cause of the injury "employee" of any such owner o- les- This exclusion does not apply to see, or r Liabilityassumed bythe insured e. Any person or organization for the con- (i) duct of any current or past partnership or under an"insured contract"; or joint venture that is not shown as a (ii) "Bodily injury" arising out of and Named Insured in the Declarations in the course of domestic em- C. For the purposes of this endorsement only, Fara- ployment by the insured unless graph H. Other Insurance in Section III -- Corn- benefits for such injury are in mon Policy Conditions is replaced by the fo'k:w whole or in part either payable or ing required to be provided under any workers' compensation law This insurance is excess over any primary insur- ance covering the "hired auto" or "non-owned su- b. 'Property damage"to to" (1) Property owned or being transported by, D. The following additional definitions apply or rented or loaned to, the insured, or 1. "Auto business" means the business or occu- (2) Property in the care custody or control pation of selling, repairing. servicing, storing or • of the insured parking "autos" Page 2 of 3 s Insurance Services Office,Inc,2009 BP 04 20 01 10 C 2. "Hired auto" means any "auto" you lease, hire, 3. "Non-owned auto" means any "auto" you do rent or borrow This does not include any "au- not own, lease, hire, rent or borrow whlc1 is to" you lease, hrre. rent or borrow from any of used in connection with your business This in- your"employees", your partners or your"exec- eludes "autos" owned by your "employees' utive officers" or members of their households your partners or your "execJtive officers" or members of their households, but only m hile used in your business or your personal affairs BP 04 20 01 10 ©Insurance Services Office,inc,2009 Page 3 of 3 ❑ PONDARC-01 EKRATZER 4corro' CERTIFICATE OF LIABILITY INSURANCE D05/29/2019 THIS 0019 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) PRODUCER ! saiCT Emily Kratzer Alban(Insurance Services,Inc. (A/C,No,Eat (509)343-9545 FAX 509 325-1803 818 W Riverside Ave Ste 800 ( I' INC,Nal( ) Spokane,WA 99201 Mks, Emily.Kratzer@Alllznt.com INSURER(S)AFFORDING COVERAGE NAICM INSURER A.Hiscox Insurance Company Inc. 10200 INSURED INSURERS Pondera Architecture,PC INSURER C 4517 West Northwest Blvd. INSURER Spokane,WA 99205 INSURERE- SURERF 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 INSRI TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR !NM WVO IMMIDDIYYYYI IMMIDNWWI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR PREMSES(ETO a RENTED MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE POLICY PELT LOC PRODUCTS-COMP/OP AGC OTHER AUTOMOBILE LIABILITY (EOa accientSINGLE LIMIT ANY AUTO BODILY INJURY(Per person) OWNED SCHEDULED AUTOS ONLY AUTOSLL��WN BODILY INJURY Per accident)!nLEFa°s ONLY AU OS"ONLYY thanEaeetrMAGE UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE OED RETENTIONS WOOFERS COMPENSATOR PEP 0TH- OYERS'LIABILITYYIN i I STATUTE I I ER AN s OFFICER/MEMBER EXCLUDED" NI NIA, EL EACH ACCIDENT (Mandatory In NH EL DISEASE-EA EMPLOYEE ry desenbe under - - - - DESCRIPTIONOFOPERATIONSbelow EL DISEASE-POLICY LIMIT A Prof Liability URA1421993 18 04/16/20191 04/16/2020 Each Claim 1,000,000 A Prof Liability URA1421993 18 04/16/2019 04/16/2020 Aggregate 1,000,000 DESCRIPTION OF OPERATORS I LOCATONSI VEHICLES (ACORD 101,AddNonel Remarks Schedule,may be etached If more apace Is require) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C Ofs Spokane ValleyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City P ACCORDANCE WITH THE POLICY PROVISIONS. Christine Bainbridge-City Clerk 10210 E Sprague Ave Spokane Valley,WA 99206 AA✓"UTHORIZED REPREBENTATVE ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD