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19-111.00 Budinger & Associates: Sullivan/Wellesley Intersection Improvements
Local Agency A & E Professional Services Lump Sum Consultant Agreement Agreement Number: 19-111 Finn/Organization Legal Name (do not use dba's): Budinger&Associates Address Federal Aid Number 1101 N Faucher Road, Spokane Valley,WA 99212 CM-4103(011) UBI Number Federal TIN or SSN Number 601 638 902 REDACTED Execution Date Completion Date lit k/i() 1 12/31/20 1099 Form Required Federal Participation ❑ Yes Q No Q Yes 0 No Project Title Sullivan and Wellesley Intersection Improvement Project, CIP#0249 Description of Work Perform Ground Penetrating Radar(GPR) Survey at the intersection of Sullivan and Wellesley. This document contains confidential tax information and 1 has been redacted pursuant to RCW 82.32.330. � You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42 56.550 ❑ Yes No DBE Participation Maximum Amount Payable: $1,697.70 ❑ Yes 0 No MBE Participation ❑ Yes Q No WBE Participation I❑ Yes 10%voluntary 0 No SBE Participation Index of Exhibits Exhibit A Scope of Work Exhibit B DBE Participation/SBE Plan Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures Agreement Number. 19-111 Local Agency A&E Professional Services Lump Sum Consultant Agreement Page 1 of 13 Revised 11/01/2017 THIS AGREEMENT,made and entered into as shown in the"Execution Date" box on page one(1)of this AGREEMENT, between the City of Spokane Valley hereinafter called the"AGENCY,"and the"Firm/Organization Name"referenced on page one(I)of this AGREEMENT, hereinafter called the"CONSULTANT." WHEREAS,the AGENCY desires to accomplish the work referenced in"Description of Work"on page one(1) of this AGREEMENT and hereafter called the"SERVICES;"and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES;and WHEREAS,the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration,if applicable, and has signified a willingness to furnish consulting services to the AGENCY. NOW,THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof,the parties hereto agree as follows: I. General Description of Work The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT. II. Scope of Work The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit"A"attached hereto and by this reference made a part of this AGREEMENT. The Scope of Work was developed utilizing performance based contracting methodologies. III. General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups,or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies,groups,and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination,progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days' notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit"A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY,which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated. The CONSULTANT, any sub-consultants,and the AGENCY shall comply with all Federal, State,and local laws, rules, codes,regulations,and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. Agreement Number: 19-111 Loral Agency B E Professional Services Lump Sum Consultant Agreement Page 2 of 13 Revised 11/01/2017 Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required,per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT. In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is voluntary,the outreach efforts to provide SBE maximum practicable opportunities are not. The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this AGREEMENT into the wsdotdiversitycompliance.com program. Payment information shall identify any DBE Participation.Non-minority, woman owned DBEs does not count towards UDBE goal attainment. All Reports. PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C — Preparation and Delivery of Electronic Engineering and other Data." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT. Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested,or(ii) by email or facsimile, to the address set forth below: If to AGENCY: If to CONSULTANT: Name: Erica Amsden, PE Name: John Finnegan Agency: City of Spokane Valley Agency: Budinger and Associates Address: 10210E Sprague Avenue Address: 1101 N. Fancier Road City: Spokane Valley State: WA Zip: 99206 City: Spokane Valley State: WA Zip: 99212 Email: eamsden@spokanevalley.org Email: jfinnegan@budingerinc.com Phone: 509-720-5012 Phone: 509-535-8841 Facsimile: 509-720-5075 Facsimile: 509-535-9589 IV. Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled"Completion Date." The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time. Agreement Number: 19-11 l Local Agency A&E Professional Services Lump Sum Consultant Page 3 of 14 Agreement Revised 11/01/2017 V. Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor,materials, supplies, equipment,and incidentals necessary to complete SERVICES. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the lump sum amount is attached hereto as Exhibits"D"and"r and by this reference made part of this AGREEMENT. A. Lump Sum Agreement:Payment for all consulting SERVICES shall be on the basis of a lump sum amount as shown on page one(1)of this AGREEMENT. B. Maximum Amount Payable: The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT on page one(I.)The Maximum Amount Payable does not include payment for extra work as stipulated in section XIII, "Extra Work"No minimum amount payable is guaranteed under this AGREEMENT. C. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of costs on a monthly basis. To provide a means of verifying the billed salary costs for the CONSULTANT's employees,the AGENCY may conduct employee interviews. These interviews may consist of recording the names,titles, salary rates,and present duties of those employees performing work on the SERVICES at the time of the interview. D. Final Payment:Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the SERVICES under this AGREEMENT, contingent,if applicable,upon receipt of all PS&E, plans, maps, notes,reports, electronic data,and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit all required adjustments will be made and reflected in a final payment. In the event that such final audit reveals an overpayment to the CONSULTANT,the CONSULTANT will refund such overpayment to the AGENCY within thirty(30)calendar days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. Per WSDOT's"Audit Guide for Consultants,"Chapter 23 "Resolution Procedures,"the CONSULTANT has twenty(20)working days after receipt of the final Post Audit to begin the appeal process to the AGENCY for audit findings. E. Inspection of Cost Records:The CONSULTANT and their sub-consultants shall keep available for inspection by representatives of the AGENCY and the United States, for a period of six (6)years after receipt of final payment,the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this AGREEMENT is initiated before the expiration of the six(6)year period,the cost records and accounts shall be retained until such litigation,claim,or audit involving the records is completed. A post audit may be performed on this AGREEMENT. The audit, if any,will be performed by the State Auditor,WSDOT's Internal Audit Office and/or at the request of the AGENCY'S Project Manager. Agreement Number: 19-111 Local Agency 6 E Professional Services Lump Sum Consultant Agreement Page 4 of 13 Revised 11101/2017 VI. Sub-Contracting The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit"A"attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship. Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit"E"attached hereto and by this reference made part of this AGREEMENT. The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub- consultant cost estimate unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, indirect cost rate,direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V"Payment Provisions"herein and shall be memorialized in a final written acknowledgement between the parties. All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor,of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race,color,national origin,or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate. VII. Employment and Organizational Conflict of Interest The CONSULTANT warrants that they have not employed or retained any company or person,other than a bona fide employee working solely for the CONSULTANT,to solicit or secure this contract,and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,commission,percentage, brokerage fee,gift,or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant,the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion,to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee,commission,percentage,brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY,and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged,and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. The CONSULTANT shall not engage,on a full-or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been,at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY,except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT. Agreement Number: 19-111 Local Agency A&E Professional Services Lump Sum Consultant Agreement Page 5 of 13 Revised 11/01/2017 VIII. Nondiscrimination During the performance of this AGREEMENT,the CONSULTANT,for itself; its assignees, sub-consultants, subcontractors and successors in interest,agrees to comply with the following laws and regulations: • Title VI of the Civil Rights Act of 1964 • Civil Rights Restoration Act of 1987 (42 U.S.C. Chapter 21 Subchapter V § 2000d (Public Law 100-259) through 2000d-4a) • American with Disabilities Act of 1990 • Federal-aid Highway Act of 1973 (42 U.S.C. Chapter 126 § 12101 et. seq.) (23 U.S.C. Chapter 3 §324) • 23 CFR Part 200 • Rehabilitation Act of 1973 • 49 CFR Part 21 (29 U.S.C. Chapter 16 Subchapter V § 794) • 49 CFR Part 26 • Age Discrimination Act of 1975 RCW 49.60.180 (42 U.S.C. Chapter 76 §6101 et. seq.) In relation to Title VI of the Civil Rights Act of 1964,the CONSULTANT is bound by the provisions of Exhibit"F" attached hereto and by this reference made part of this AGREEMENT,and shall include the attached Exhibit"F" in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX. Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10)days written notice to the CONSULTANT. In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT,plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT. No payment shall be made for any SERVICES completed after ten(10)days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two(2)of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply. In the event of a termination for default,the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination,the amount of SERVICES originally required which was satisfactorily completed to date of termination,whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination,the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so,and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount,which would have been made using the formula set forth in paragraph two(2)of this section. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event,the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously. Agreement Number: 19-111 Local Agency A 8 E Professional Services Lump Sum Consultant Agreement Page 8of 19 Revised11E11/2017 The CONSULTANT shall, within 15 days,notify the AGENCY in writing, in the event of the death of any member, partner,or officer of the CONSULTANT or the death or change of any of the CONSULTANT'S supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50%or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section. Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X. Changes of Work The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein,without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised,the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII"Extra Work." XL Disputes Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within 10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however,that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision,that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit"I". In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT,this action shall be initiated in the Superior Court of the State of Washington,situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. XII. Legal Relations The CONSULTANT, any sub-consultants,and the AGENCY shall comply with all Federal, State,and local laws, rules, codes, regulations and all AGENCY policies and directives,applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall defend, indemnify,and hold The State of Washington(STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of,or the breach of any obligation under this AGREEMENT by,the CONSULTANT or the CONSULTANT's agents, employees, sub consultants, subcontractors or vendors,of any tier,or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT Agreement Number. 19-111 Local Agency A 8 E Professional Services Lump Sum Consultant Agreement Page 7 of 13 Revised 11101/3017 to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims,demands or suits based solely upon the negligence of,or breach of any obligation under this AGREEMENT by the STATE and the AGENCY,their agents,officers, employees, sub-consultants, subcontractors or vendors, of any tier,or any other persons for whom the STATE and/or the AGENCY may be legally liable;and provided further that if the claims or suits are caused by or result from the concurrent negligence of(a)the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors,of any tier, or any other persons for whom the CONSULTANT is legally liable,and(b)the STATE and/or AGENCY, their agents,officers, employees,sub-consultants, subcontractors and or vendors, of any tier,or any other persons for whom the STATE and or AGENCY may be legally liable,the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor,of any tier. The CONSULTANT shall also defend, indemnify,and hold the STATE and the AGENCY and their officers and employees harmless from all claims,demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents, proprietary information,know-how,copyright rights or inventions by the CONSULTANT or the CONSULTANT's agents,employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods,processes, designs,information or other items furnished or communicated to STATE and/or the AGENCY,their agents,officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets,patents,proprietary information, know-how,copyright rights or inventions resulting from STATE and/or AGENCY's,their agents',officers'and employees'failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY,their agents, officers and employees by the CONSULTANT, its agents,employees,sub-consultants,subcontractors or vendors, of any tier,or any other persons for whom the CONSULTANT may be legally liable. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. Notwithstanding any determination by the Executive Ethics Board or other tribunal,the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW;or any similar statute involving the CONSULTANT in the procurement of,or performance under,this AGREEMENT. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own employees or its agents against the STATE and/or the AGENCY and, solely for the purpose of this indemnification and defense,the CONSULTANT specifically waives any immunity under the state industrial insurance law,Title 51 RCW. This waiver has been mutually negotiated between the Parties. Unless otherwise specified in this AGREEMENT,the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT,the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance,the CONSULTANT shall assume no responsibility for:proper construction techniques,job site safety,or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT,or as otherwise required,the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Agreement Number: 19-111 Local Agency A&EProfessional Services Lump Sum Consultant Agreement Page 8 of 13 Revised 11/0112017 Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars($1,000,000.00)per occurrence and two million dollars($2,000,000.00)in the aggregate for each policy period. C. Business auto liability insurance written under ISO Form CC 00 01 10 01 or equivalent providing coverage for any"Auto" (Symbol 1)used in an amount not less than a one million dollar($1,000,000.00)combined single limit for each occurrence. Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY,their officers,employees,and agents will be named on all policies of CONSULTANT and any sub- consultant and/or subcontractor as an additional insured (the"AIs"),with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the Ms shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT's and the sub-consultant's and/or subcontractor's insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen(14) days of the execution of this AGREEMENT to: Name: Erica Amsden Agency: City of Spokane Valley Address: 10210 E Sprague Avenue City: Spokane Valley State: WA Zip: 99206 Email: eamsden@spokanevalley.org Phone: Facsimile: No cancellation of the foregoing policies shall be effective without thirty(30)days prior notice to the AGENCY. The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to section IX"Termination of Agreement"of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars($1,000,000.00),whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional liability to third parties be limited in any way. The parties enter into this AGREEMENT for the sole benefit of the parties,and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT. The AGENCY will pay no progress payments under section V"Payment Provisions"until the CONSULTANT has fully complied with this section. This remedy is not exclusive;and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT,or otherwise in law. Agreement Number: 19-111 LocalAgencyA B E Professional Services Lump Sum Consultant Agreement Page 9 MIS Revised 11/9112017 XIII. Extra Work A. The AGENCY may at any time,by written order,make changes within the general scope of this AGREEMENT in the SERVICES to be performed. B. If any such change causes an increase or decrease in the estimated cost of,or the time required for,performance of any part of the SERVICES under this AGREEMENT,whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT,the AGENCY shall make an equitable adjustment in the: (1)maximum amount payable;(2)delivery or completion schedule,or both; and(3)other affected terms and shall modify this AGREEMENT accordingly. C. The CONSULTANT must submit any`request for equitable adjustment,"hereafter referred to as"CLAIM," under this clause within thirty(30)days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it,the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT. D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes"clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs(A.)and (B.)above,the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XIV. Endorsement of Plans If applicable,the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XV. Federal Review The Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress. XVI. Certification of the Consultant and the Agency Attached hereto as Exhibit"G-1(a and b)"are the Certifications of the CONSULTANT and the AGENCY, Exhibit "6-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters-Primary Covered Transactions,Exhibit"G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit"6-4"Certificate of Current Cost or Pricing Data. Exhibit"G-3" is required only in AGREEMENT's over one hundred thousand dollars($100,000.00) and Exhibit"G-4" is required only in AGREEMENT's over five hundred thousand dollars($500,000.00.)These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III"General Requirements"prior to its performance of any SERVICES under this AGREEMENT. XVII. Complete Agreement This document and referenced attachments contain all covenants, stipulations,and provisions agreed upon by the parties. No agent,or representative of either party has authority to make, and the parties shall not be bound by or be liable for,any statement, representation,promise or agreement not set forth herein. No changes, amendments,or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT. Agreement Number: 19-111 Local Agency A 6 E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 10 of 13 XVIII. Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants,and AGREEMENT's contained in the proposal, and the supporting material submitted by the CONSULTANT,and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof. XIX. Protection of Confidential Information The CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes("State's Confidential Information"). The"State's Confidential Information"includes, but is not limited to,names,addresses, Social Security numbers, e-mail addresses,telephone numbers,financial profiles, credit card information,driver's license numbers, medical data, law enforcement records(or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data,proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence and not to make use of the State's Confidential Information for any purpose other than the performance of this AGREEMENT,to release it only to authorized employees,sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release,divulge,publish,transfer, sell, disclose,or otherwise make it known to any other party without the AGENCY's express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT,the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical,electronic,and managerial safeguards to prevent unauthorized access to the State's Confidential Information. Immediately upon expiration or termination of this AGREEMENT,the CONSULTANT shall, at the AGENCY's option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential Information;or(ii)returned all of the State's Confidential Information to the AGENCY;or(iii)take whatever other steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information. As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State's Confidential Information received in the performance of this AGREEMENT;the purpose(s) for which the State's Confidential Information was received;who received,maintained and used the State's Confidential Information;and the final disposition of the State's Confidential Information. The CONSULTANT's records shall be subject to inspection,review, or audit upon reasonable notice from the AGENCY. The AGENCY reserves the right to monitor,audit, or investigate the use of the State's Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing,or investigating may include, but is not limited to,salting databases. Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State's Confidential Information,monetary damages,or penalties. It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as"Confidential"and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT. Agreement Number: 19-111 Local Agency A 8 E Professional Services Lump Sum Consultant Agreement Page 11 of 13 Revised 111012017 The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or(b)as soon as such confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to include any information which,at the time of its disclosure: (i)is already known to the other party; (ii)is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii)is independently developed by or for the other party; (iv) is publicly known; or(v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT. The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such,the AGENCY shall maintain the confidentiality of all such information marked proprietary and/ or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as "Proprietary and/or confidential information"or otherwise exempt information,the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure,the AGENCY will release the requested information on the date specified. The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant's proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date,the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities,or costs associated with the AGENCY's said disclosure of sub-consultants'information. XX. Records Maintenance During the progress of the Work and SERVICES provided hereunder and for a period of not less than six(6)years from the date of final payment to the CONSULTANT,the CONSULTANT shall keep,retain and maintain all "documents"pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents" pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place of business during normal working hours. If any litigation, claim or audit is commenced,the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until all litigation,claims or audit findings have been resolved even though such litigation,claim or audit continues past the six(6)year retention period. For purposes of this AGREEMENT, "documents"means every writing or record of every type and description, including electronically stored information ("ESI"),that is in the possession, control,or custody of the CONSULTANT, including,without limitation,any and all correspondences, contracts,AGREEMENT's, appraisals,plans,designs, data, surveys,maps, spreadsheets,memoranda, stenographic or handwritten notes, reports,records,telegrams,schedules, diaries, notebooks, logbooks, invoices,accounting records, work sheets, charts,notes,drafts, scribblings,recordings,visual displays,photographs, minutes of meetings, tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations,and any and all other taped, recorded,written,printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody,or control of the CONSULTANT, and every copy of any of the foregoing,whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original. Agreement Number: 19-111 Local Agency A&E Professional Services Lump Sum Consultant Agreement Page 12 of 13 Revised 11101/2017 For purposes of this AGREEMENT,"ESI"means any and all computer data or electronic recorded media of any kind, including`rotative Files", that are stored in any medium from which it can be retrieved and examined,either directly or after translation into a reasonably useable form. EST may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel,Access, Publisher,PowerPoint,Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers,backup tapes, smart phones,thumb drives,CDs, DVDs,floppy disks,work computers,cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home. "Native files"are a subset of ESI and refer to the electronic format of the application in which such ES1 is normally created,viewed,and/or modified. The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date"box on page one(1)of this AGREEMENT. i Tri Signature Date —7—// /y Sign re Dale Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General. Agreement Number: 19-111 Local Agency &E Professional Services Lump Sum Consultant Agreement Page 13 of 13 Revised 11/01/2017 Exhibit A Scope of Work Project No. 0249 GM Surveying at the intersection of Sullivan and Wellesley,per attached scope. Agreement Number: 19-111 Exhibit A-LocalAgencyA&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 o/1 I SM-19344 Sullivan and Wellesley Intersection-Cost Estimate Geotechnical Engineering Environmental Engineering Construction Materials Testing B udinge r Subsurface Exploration Special Inspection ralSIII & Associates Unit Cost for Special Inspection and Materials Testing Services To: City of Spokane Valley Date: 5/15/2019 10210 E Sprague Avenue Project Number: M19344 Spokane Valley,WA 99206 Email: eamsdencdspokanevalley.orq Attu: Erica Amsden, PE Phone: (509) 720-5240 Project: Sullivan and Wellesley Intersection Services To Be Provided Description My Units Price Total Ground Penetrating Radar Surveq * Field Professional-GPR S hours 75.00 375 00 Traffic Control * Flaggers(2) 4 hours 100.00 400.00 * Arrow Board 1 day 50.00 50.00 * Vehicle 1 day 150.00 150 00 Other Rents * GPR Data Processing 5 hours 75.00 375.00 * Project Management 1 hours 95.00 95.00 * Word Processing 1 hours 65.00 65 00 " Project Management 58 miles 0.65 37.70 " GPR Equipment 2 hours 75.00 150.00 TOTAL THIS ESTIMATE 1697.70 * Technician time and mobilization are mvotced portal to portal. • Sample pick-up lime is invoiced portal to portal * Our involvement is dependent on contractor performance and schedulmg factors that are beyond our control. • The above estimate is not a lump sin' Itis a tune and materials estimate. Invoices will reflect actual units * Please sign below to sigtufy acceptance of this proposal to initiate a service agreement Accepted Br „... Com---.eo.e. 2 Andrew R Balavage, CET Construction Services Manager 1101 N Fancher Rd. 9997 Lyle Loop Suite A Spokane Valley,WA 99212 Hayden ID,83835 Tel:509-535-8841 1 Tel:208-719-9038 Exhibit B DBE Participation 0%DBE goal per email date 5/16/19. 10% Voluntary SBE goal. Agreement Number: 19-111 Exhibit 8-Local Agency A B E Professional Services Lump Sum Consultant Agreement Revised 114)1/1017 Page 1 o11 Exhibit C Preparation and Delivery of Electronic Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to,the following: I. Surveying,Roadway Design&Plans Preparation Section A. Survey Data N/A B. Roadway Design Files N/A C. Computer Aided Drafting Files N/A Agreement Number: 19-111 Exhibit C•Local Agency A&E Professional Senates Lump Sum Consultant Agreement Revised 11/01/3017 Page 1 of 4 D. Specify the Agency's Right to Review Product with the Consultant Agency has full right to review work with consultant,ask questions, and request revisions. E. Specify the Electronic Deliverables to Be Provided to the Agency Email F. Specify What Agency Furnished Services and Information Is to Be Provided Agreement Number: 19-111 Exhibit C-Local Agency A B E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 2 of 4 IL Any Other Electronic Files to Be Provided As necessary Bi.Methods to Electronically Exchange Data Email Exhibit C Local Agency AB E Professional Services Lump Sum Consultant Agreement Revised 11101/2017 Page 3 of A. Agency Software Suite N/A B. Electronic Messaging System Email C. File Transfers Format Email Exhibit C-Local Agency A&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 4 of 4 Exhibit D Prime Consultant Cost Computations See Attached document"M-19344 Sullivan and Wellesley Intersection- Cost Estimate". Agreement Number: 19-111 Exhibit D-Local Agency A&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 1 I S M-19344 Sullivan and Wellesley Intersection-Cost Estimate Geotechnical Engineering Environmental Engineering • Construction Materials Testing B u dangerSubsurface Exploration Special Inspection as & Associates Unit Cost for Special Inspection and Materials Testing Services _ To: City of Spokane Valley Date: 5/15/2019 10210 E Sprague Avenue Project Number: M19344 Spokane Valley,WA 99206 Email: eamsden(o)spokanevalley.orq Attn: Erica Amadeu, PE Phone: (509) 720-5240 Project: Sullivan and Wellesley Intersection Services To Be Provided Description Qty Units Price Total Ground Penetrating Radar Survey • Field Professional-GPR S hours 75.00 375 00 Traffic Control * Flaggers(2) 4 hours 100.00 400.00 * Arrow Board 1 day 50.00 50.00 • Vehicle 1 day 150.00 15000 Other Items ' GPR Data Processing 5 hours 75.00 375.00 ' Project Management 1 hours 95.00 95.00 * Word Processing 1 hours 65.00 6500 * Project Management 58 miles 0.65 37.70 • GPR Equipment 2 hours 75.00 150.00 TOTAL THIS ESTIMATE 1697.70 ' Technician time and mobilization are mvoiced portal to portal. * Sample pick-up tune is invoicedpogd to portal * Our involvement is dependent on contractor performance and scheduling factors that ere beyond our control • The above estimate is not a lump sum It is a time and materials estimate Invoices will reflect actual units • Please sign below to signify acceptance of this proposal to inmate a service agreement Accepted By: / /1 /5_ Andrew R Balavage, CET Construction Services Manager 1101 N Fancher Rd. 9997 Lyle Loop Suite A Spokane Valley, WA 99212 Hayden ID,83835 Ter 509-535-8841 1 Tet 208-719-9038 Exhibit E Sub-consultant Cost Computations There isn't any sub-consultant participation at this time.The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI"Sub-Contracting"of this AGREEMENT. Traffic Control per above cost estimate. Agreement Number; 19-111 Exhibit E-Local Agency A&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of I Exhibit F Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: I . Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY,Title 49, Code of Federal Regulations, Part 21,as they may be amended from time to time(hereinafter referred to as the "REGULATIONS"), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment.The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS. 3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment:In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub- consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race,color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or 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 AGENCY, the STATE, or the Federal Highway Administration (FHWA)to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information,the CONSULTANT shall so certify to the AGENCY, the STATE,or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non- discrimination provisions of this AGREEMENT,the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to: • Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT complies, and/or; • Cancellation, termination,or suspension of this AGREEMENT, in whole or in part. 6. Incorporation of Provisions:The CONSULTANT shall include the provisions of paragraphs(1)through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE,the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided,however,that in the event a CONSULTANT becomes involved in, oris threatened with, litigation with a sub-consultant or supplier as a result of such direction,the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and,in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number 19-111 Exhibit F-Local Agency &E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page loft Exhibit G Certification Documents Exhibit G-1(a) Certification of Consultant Exhibit G-1(b) Certification of City of Spokane Valley Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters- Primary Covered Transactions Agreement Number: 19-111 Page 1 of 1 Exhibit G-1(a) Certification of Consultant I hereby certify that I am the and duly authorized representative of the firm of Budinger and Associates,Inc. whose address is 1101 N. Faucher Road, Spokane Valley,WA 99212 and that neither the above firm nor I have: a) Employed or retained for a commission, percentage, brokerage,contingent fee, or other consideration, any firm or person(other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this AGREEMENT; b) Agreed, as an express or implied condition for obtaining this contract,to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT;or c) Paid,or agreed to pay,to any firm, organization or person(other than a bona fide employee working solely for me or the above CONSULTANT)any fee,contribution, donation, or consideration of any kind for,or in connection with,procuring or carrying out this AGREEMENT;except as hereby expressly stated(if any); I acknowledge that this certificate is to be furnished to the City of Spokane Valley and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. Budinger&Associates,Inc. Consultant(Firm Name) / cry � Signature(Authorized Official of Consultant) Date Agreement Number:19-1 1 1 Page 1 of 1 Exhibit G-1(b) Certification of City of Spokane Valley I hereby certify that I am the: ❑ City Manager ❑ Other of the City of Spokane Valley , and Budinger& Associates, Inc. or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: a) Employ or retain, or agree to employ to retain, any firm or person; or b) Pay, or agree to pay, to any firm,person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated(if any): I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws,both criminal and civil. --/y Si Si lure Date Agreement Number:ICH \ Page 1 of 1 Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions 1 I. The prospective primary participant certifies to the best of its knowledge and belief,that it and its principals: A. Are not presently debarred,suspended,proposed for debarment,declared ineligible,or voluntarily excluded from covered transactions by any Federal department or agency; B. Have not within a three(3)year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud ora 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 anti-trust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; C. 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 (l)(b) of this certification; and D. Have not within a three(3)year period preceding this application/proposal had one or more public transactions(Federal, State and local)terminated for cause or default. IL 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 proposal. Budinger& Associates,Inc Consultant(Finn Name) "7 r7 / I I q Signatufe-jduthonzed Official of Consultant) Date Agreement Number:19-11 1 Pagel of 1 Exhibit 1 Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 Potential Consultant Design Error(s)is Identified by Agency's Project Manager At the first indication of potential consultant design error(s),the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s).For federally funded projects,the Region Local Programs Engineer should be informed and involved in these procedures. (Note:The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager,who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s)and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence,the project manager obtains more detailed documentation than is normally required on the project.Examples include: all decisions and descriptions of work;photographs,records of labor,materials and equipment. Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further,the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s)and the magnitude of the alleged error(s).The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue. Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s)with the consultant have been completed regarding the consultant's alleged design error(s),there are three possible scenarios: • It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. • It is determined via mutual agreement that a consultant design error(s)occurred. If this is the case, then the Director of Public Works or Agency Engineer,or their representatives,negotiate a settlement with the consultant.The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place.The agency is to provide LP,through the Region Local Programs Engineer,a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements.No further action is required. • There is not a mutual agreement regarding the alleged consultant design error(s).The consultant may request that the alleged design error(s)issue be forwarded to the Director of Public Works or Agency Engineer for review. if the Director of Public Works or Agency Engineer, after review with their legal counsel,is not able to reach mutual agreement with the consultant,proceed to Step 5. Agreement Number: 19-11 1 Exhibit I-Local Agency A&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 2 Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s),and attempt to find a resolution to the issue.ff necessary, LP will request assistance from the Attorney General's Office for legal interpretation. LP will also identify how the alleged error(s)affects eligibility of project costs for federal reimbursement. • If mutual agreement is reached,the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA,will identify the amount of federal participation in the agreed upon resolution of the issue. • If mutual agreement is not reached,the agency and consultant may seek settlement by arbitration or by litigation. Agreement Number: 19-111 Exhibit 1 Local Agency A B E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 2 of 2 Exhibit J Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement.The following procedures should only be utilized on consultant claims greater than$1,000. If the consultant's claim(s)are a total of$1,000 or less,it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work,they may be entitled to a claim.The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars,overhead costs,profit and reimbursable costs associated with the additional work;and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work. Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step I,the next step in the process is to forward the request to the Agency's project manager.The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation,payment will need to be from agency funds. If the Agency project manager,Director of Public Works or Agency Engineer,WSDOT Local Programs (if applicable), and FHWA(if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement,or create a new agreement for the claim.After the request has been approved,the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim.Inform the consultant that the final payment for the agreement is subject to audit.No flintier action in needed regarding the claim procedures. If the Agency does not agree with the consultant's claim,proceed to step 3 of the procedures. Agreement Number: 19-111 Exhibit J-Local Agency A&E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 1 of 2 Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim,the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claim; • Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claim(s); and • Recommendations to resolve the claim. Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval(as appropriate to agency dispute resolution procedures). If the project involves federal participation,obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify(in writing)the consultant of their final decision regarding the consultant's claim(s).Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision. Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. Agreement Number: 19-111 Exhibit J-Local Agency A 8 E Professional Services Lump Sum Consultant Agreement Revised 11/01/2017 Page 2 of 2 BUDI&AS-01 ROCHOA .ACORC) CERTIFICATE OF LIABILITY INSURANCE 7/9/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION 15 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 suc�hplendorsement(s). PRODUCER ACT Hub international Northwest LLC PHONE No.Ertl,(425)489-4500 1 .No(425)485-8489 P.O.Box 3018 E-MAIL Bothell,WA 98041 EADDRE -MAILs now.lnfoehubintemational.com _ INSURER'S)AFFORDING COVERAGE _ _ NAICR INSURERA Mutual of Enumclaw Insurance Company 14761 INSURED INSURER B Budinger&Associates,Inc. INSURER c SJS Land Company,LLC 1101 N Fancher Rd INSURER D. Spokane,WA 99212 INSURER E: _ INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SR ADDU SUER I POLICY EFF POCKY EXP ITR TYPE OF INSURANCE INSO WVD POLICY NUMBER f�MmD1YYYY) IMMIODMYYYI UNITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR X CPP0011785 8/6/2018 8/6/2019 DAFMGORNcwTErtO w 300,000 MED EXPAm one Wmon 10,000 PERSONAL ADV INJURY 1,000,000 GENU AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE 2,000,000 POLICY X ypei LOC PRODUCTS-COMP/OP AGG 2,000,000 OTHER A AUTOMOBILE LIABIUTY Ee aBBNEED SINGLE LIMIT 1,000,000 X ANY AUTO X X CPP0011785 8/6/2018 8/6/2019 BODILY INJURY(PerRenon/ --__ OWNEDSCHEDULED AUTOS ONLY AUTOSBODILY INJURY(Per accdentl XATX PROPERTY ONLY AUOTO Lr accident/ A UMBRELLA LIAO X OCCUR EACH OCCURRENCE 4,000,000 X EXCESS UAB CLAIMS-MADE UMC0002330 8/6/2018 8/6/2019 AGGREGATE 4,000,000 DED RETENTIONS li A WORKERS COMPENSATION I STATUTE X ERH AND EMPLOYERS'LABILITY NV PROFmETOR RFXFCUTrvE YIN ICPPOo11785 8/6/2018 8/6/2019 EL EACH ACCIDENT --_-E 1,000,000 (MndatMEMNH)EXCLUDED? N(A (f dory In NX) LEL DISEASE-EA EMPLOYEES 1,OOo,00o n yes,await.under 1,000,000 DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Addison.'Remarks Schedule,may be attached N more space Is required) Re:Project:Sullivan and Wellesley Intersection Improvement Project,CIP40249 City of Spokane Valley LS added as additional insured per the attached endorsements.Primary and non-contributory and Waiver of subrogation apply. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityOfS SpokaneTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane,WA 99206 AUTHORIZED REPRESENTATIVE elbra.b04— ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BUDI&AS-01ROCHOA DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/7/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT PRODUCER NAME: Hub International Northwest LLC PHONEFAX (425) 489-4500(425) 485-8489 (A/C, No, Ext):(A/C, No): P.O. Box 3018 E-MAIL now.info@hubinternational.com Bothell, WA 98041 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # 15377 Western National Mutual Insurance Company INSURER A : Mutual of Enumclaw Insurance Company14761 INSURED INSURER B : Budinger & Associates, Inc. INSURER C : SJS Land Company, LLC INSURER D : 1101 N Fancher Rd Spokane, WA 99212 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFPOLICY EXP INSRADDLSUBR TYPE OF INSURANCEPOLICY NUMBERLIMITS (MM/DD/YYYY)(MM/DD/YYYY) LTRINSDWVD A 1,000,000 X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ 300,000 DAMAGE TO RENTED X CPP 1219645 008/6/20198/6/2020 CLAIMS-MADEOCCUR XX $ PREMISES (Ea occurrence) 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ 2,000,000 X PRO- POLICYLOC PRODUCTS - COMP/OP AGG$ JECT WA STOP GAP1,000,000 OTHER:$ B 1,000,000 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $ (Ea accident) X CPP00117858/6/20198/6/2020 XX ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE XX HIREDNON-OWNED (Per accident)$ AUTOS ONLYAUTOS ONLY $ A 4,000,000 X UMBRELLA LIAB OCCUR EACH OCCURRENCE$ UMB 1037136 008/6/20198/6/2020 4,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE$ DEDRETENTION$ $ A PEROTH- X WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N CPP 1219645 008/6/20198/6/2020 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project: Sullivan and Wellesley Intersection Improvement Project, CIP#0249 City of Spokane Valley is added as additional insured per the attached endorsements. Primary and non-contributory and Waiver of subrogation apply. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERICAL GENERAL LIABILITY WN GL 39 08 18 COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT The Commercial General Liability Enhancement Endorsement is an optional endorsement that provides coverage en- hancements. The following is a summary of broadened coverages provided by this endorsement. No coverage is pro- vided by this summary, refer to following endorsement for changes in your policy. SUMMARY OF COVERAGESPAGE Bodily Injury And Property Damage Liability NonOwned Watercraft Up To 50 Feet...............................................................................2 Property Damage Liability Elevators..........................................................................................................................3 Fire, Lightning, Explosion Or Sprinkler Leakage Exception..................................................3 Borrowed Equipment ($25,000 Per Occurrence, $50,000 Aggregate, $2,500 Deductible Per Occurrence.................................................................................3 Supplementary Payments Amended Bail Bonds Up To $5,000...................................................................................................4 Loss of Earnings Up To $500/Day .....................................................................................4 Who Is An Insured Amendments Employee Bodily Injury To A Co-Employee.........................................................................4 Newly Formed Or Acquired Organizations For Up To 180 Days...........................................4 Blanket Additional Insured Vendors As Required ByContract........................................4 Blanket Additional InsuredLessor Of Leased Equipment..................................................6 Blanket Additional Insured Managers Or Lessors Of Premises..........................................6 Blanket Additional Insured State Or Governmental Agency Or Subdivision Or Political SubdivisionPermits OrAuthorizations.........................................................7 Blanket Additional Insured State Or Governmental Agency Or Subdivision Or Political Subdivision Permits Or Authorizations Relating To Premises........................8 Damage To Premises Rented To You $300,000.........................................................................9 Medical Payments Increased Limit $10,000 Or Amount Shown on Declarations...........................9 Conditions Knowledge of Occurrence,Offense, ClaimOr Suit Amended...............................................9 Unintentional Failure To Disclose Hazards.........................................................................9 Waiver of Subrogation.....................................................................................................10 Insured Contract Amended..........................................................................................................10 Personal And Advertising Injury Redefined Televised, Videotaped Or Electronic Publication...............................................................10 WN GL 39 08 18 Page 1of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY WN GL 39 08 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies the insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. The SECTIONS of the Commercial General Liability Coverage Form identified in this endorsement will be amended as shown below. (3) SECTION I COVERAGES AMENDMENTS COVERAGE A BODILY INJURY AND PROPERTY is not owned by or rented or loaned to you or DAMAGE LIABILITY the insured; A.Non Owned Aircraft Or Watercraft (4)- Item 2.Exclusions,Paragraph g.is replaced by the following:of aircraft or watercraft; or (5) g.Aircraft, Auto Or Watercraft out of: the ownership, maintenance, use or entrustment(a)The operation of machinery or equipment that is attached to, or part of, a land craft vehicle that would qualify under the owned or operated by or rented or loaned toany not subject to a compulsory or financial responsibility law or other motor vehicle This exclusion applies even if the claims against insurance law where it is licensed or any insured allege negligence or other wrong- principally garaged; or doing in the supervision, hiring, employment, (b)The operation of any of the machinery or training or monitoring of others by that insured, if equipment listed in Paragraph f. (2)or f. (3)- maintenance, use or entrustment to others of any B.Damage To Property Coverage Extensions operated by or rented or loaned to any insured. Item2. Exclusions, Paragraphj.is replaced by the This exclusion does not apply to: following: (1)A watercraft while ashore on premises you j.Damage To Property own or rent; (2)A watercraft you do not own that is: (1)Property you own, rent, or occupy, including (a)Less than 50 feet long; and any costs or expenses incurred by you, or (b)Not being used to carry persons or prop- any other person, organization or entity, for erty for a charge; repair, replacement, enhancement, restora- tion or maintenance of such property forany This Subparagraph (2)applies to any person, who with your expressed or implied consent, reason, including prevention of injury to a either uses or is responsible for the use of the watercraft; (2)Premises you sell, give away or abandon, if of those premises; WN GL 39 08 18 Page 2of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. (3) Property loaned to you; (4) Personal property in the care, custody or con- borrowed equipment is excess over any other valid trol of the insured; and collectible property insurance (including any de- (5) That particular part of real property on which ductible portion thereof) available to the insured you or any contractors or subcontractors whether primary, excess, contingent or on any other working directly or indirectly on your behalf basis. da C. Damage To Premises Rented To You (6) That particular part of any property that must Item 2. Exclusions, the last paragraph is replaced by be restored, repaired or replaced because the following: Exclusions c. through n. do not apply to damage by Paragraphs (1), (3) and (4) of this exclusion do not fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied fire, lightning, explosion or sprinkler leakage) to by you with permission of the owner. A separate limit premises, including the contents of such premises, of insurance applies to this coverage as described in rented to you for a period of seven or fewer Paragraph 6. of SECTION III LIMITS OF consecutive days. A separate limit of insurance INSURANCE. applies to Damage To Premises Rented To You as described in SECTION III LIMITS OF INSURANCE. COVERAGE B PERSONAL AND ADVERTISING However, the provisions of this paragraph do not INJURY LIABILITY apply if coverage for Damage To Premises Rented To D. Personal And Advertising Injury You is excluded by endorsement. Item 2. Exclusions is amended by replacing Sub- Paragraph (2) of this exclusion does not apply if the paragraphs b. and c. with the following: b. Material Published With Knowledge Of Falsity rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply oral, written, televised, videotaped or electronic to the use of elevators. publication, in any manner,of material, if done by Paragraphs (3), (4), (5) and (6) of this exclusion do or at the direction of the insured with knowledge not apply to liability assumed under a sidetrack of its falsity. agreement. c. Material Published Prior To Policy Period Paragraph (4) of this exclusion does not apply to oral, written, televised, videotaped or electronic being used to perform operations at the jobsite. publication, in any manner, of material whose first Subject to Paragraph 2. of SECTION III LIMITS OF publication took place before the beginning of the INSURANCE, the rules below fix the most we will pay policy period. SUPPLEMENTARY PAYMENTS COVERAGES A (1) AND B number of persons or organizations who sustain E. Supplementary Payments Coverages A and B (2) $50,000 annual aggregate; and Item 1. is amended by replacing Subparagraphs b. and d. with the following: (3) We will pay only for damages in excess of $2,500 gardless of b. Up to $5,000 for cost of bail bonds required be- the number of persons or organizations who cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily We may, or if required by law, pay all or any part Injury Liability Coverage applies. We do not have of any deductible amount, if applicable, to effect to furnish these bonds. d. All reasonable expenses incurred by the insured our payment of a deductible amount, you shall at our request to assist us in the investigation or promptly reimburse us for the part of the deductible amount we paid. of earnings up to $500 a day because of time off Paragraph (6) of this exclusion does not apply to from work. -com- WN GL 39 08 18 Page 3 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. SECTION II WHO IS AN INSURED AMENDMENTS The following are added: C. Blanket Additional Insured Vendors As Re- A. Employee Bodily Injury To A Co-Employee quired By Contract Paragraph 2. a. (1) is replaced by the following: 1. Section II Who Is An Insured is amended to However, none of these include as an additional insured any person(s) or organization(s) (referred to throughout this endorsement as vendor) with whom you have (a) To you, to your partners or members (if you are a agreed in a written contract, executed prior to partnership or joint venture), to your members (if loss, to name as an additional insured, but only you are a limited liability company), to a co- with respect to "bodily injury" or "property damage" arising out of "your products" which are employment or performing duties related to the distributed or sold in the regular course of the conduct of your business, or to your other vendor's business. However, related to the conduct of your business; a. The insurance afforded to such vendor only (b) To the spouse, child, parent, brother or sister of applies to the extent permitted by law; and the co- b. If coverage provided to the vendor is required consequence of Paragraph (1)(a) above; by a contract or agreement, the insurance (c) For which there is any obligation to share afforded to such vendor will not be broader damages with or repay someone else who must than that which you are required by the pay damages because of the injury described in contract or agreement to provide for such Paragraph (1)(a) or (b) above; or vendor. (d) Arising out of his or her providing or failing to 2. With respect to the insurance afforded to these provide professional health care services. vendors, the following additional exclusions apply: - a. The insurance afforded the vendor does not apply to: and in the course of the co- (1) "Bodily injury" or "property damage" for related to the conduct of your business, or a suit which the vendor is obligated to pay dam- seeking damages brought by the spouse, child, ages by reason of the assumption of parent, brother or sister of the co-liability in a contract or agreement. This -exclusion does not apply to liability for damages that the vendor would have in the reasonable costs that you incur in providing a the absence of the contract or defense to the co- agreement; against such matters. Any reimbursement made (2) Any express warranty unauthorized by pursuant to this sub-section will be in addition to the you; limits of liability set forth in the Declarations. (3) Any physical or chemical change in the B. Newly Acquired Organizations product made intentionally by the vendor; (4) Repackaging, except when unpacked Paragraph 3. a. is replaced by the following: solely for the purpose of inspection, a. Coverage under this provision is afforded only demonstration, testing, or the until the 180 th day after you acquire or form the substitution of parts under instructions organization or the end of the policy period, from the manufacturer, and then whichever is earlier; repackaged in the original container; WN GL 39 08 18 Page 4 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. (5) Any failure to make such inspections, 4. With respect to the insurance afforded to these adjustments, tests or servicing as the vendors, the following is added to Section III vendor has agreed to make or normally Limits Of Insurance: undertakes to make in the usual course If coverage provided to the vendor is required by of business, in connection with the a contract or agreement, the most we will pay on distribution or sale of the products; behalf of the vendor is: (6) Demonstration, installation, servicing or a. The minimum amount required by the repair operations, except such contract or agreement; or operations performed at the vendor's premises in connection with the sale of b. The Limits of Insurance shown in the the product; Declarations; (7) Products which, after distribution or sale whichever is less. by you, have been labeled or relabeled or This endorsement shall not increase the used as a container, part or ingredient of applicable Limits of Insurance shown in the any other thing or substance by or for the Declarations. vendor; or 5. With respect to the insurance afforded to these (8) "Bodily injury or "property damage" additional insureds, the following additional arising out of the sole negligence of the vendor for its own acts or omissions or exclusion applies: those of its employees or anyone else This insurance does not apply to: acting on its behalf. However, this a. "Bodily injury", "property damage" or exclusion does not apply to: "personal and advertising injury" arising out (i) The exceptions contained in of the rendering of, or the failure to render, Subparagraphs (4) or (6);or any professional architectural, engineering or (ii) Such inspections, adjustments, tests surveying services, including: or servicing as the vendor has (1) The preparing, approving, or failing to agreed to make or normally prepare or approve, maps, shop undertakes to make in the usual drawings, opinions, reports, surveys, course of business, in connection field orders, change orders or drawings with the distribution or sale of the and specifications; or products. (2) Supervisory, inspection, architectural or 3. This Provision C. does not apply: engineering activities. a. To any insured person or organization from This exclusion applies even if the claims whom you have acquired such products, or against an additional insured allege any ingredient, part or container, entering negligence or other wrongdoing in the into, accompanying or containing such supervision, hiring, employment, training products; or monitoring of others by that insured, if b. To any vendor for which coverage as an addi- tional insured specifically is scheduled by the offense whic endorsement; or c. When liability included within the "products- rendering of or failure to render any completed operations hazard" has been ex- professional services by you with respect cluded for such product either by the provi- to your providing engineering, sions of the coverage part or by endorse- architectural or surveying services in ment. your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Page 5 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. 4. With respect to the insurance afforded to these D. Blanket Additional Insured Lessor Of Leased additional insureds, the following additional Equipment exclusion applies: 1. Section II Who Is An Insured is amended to This insurance does not apply to: include as an additional insured any person(s) or a. "Bodily injury", "property damage" or organization(s) from whom you lease equipment "personal and advertising injury" arising out when you and such person(s) or organization(s) of the rendering of, or the failure to render, have agreed in writing in a contract or agreement, any professional architectural, engineering or executed prior to loss, that such person(s) or surveying services, including: organization(s) be added as an additional insured on your policy. Such person(s) or organization(s) (1) The preparing, approving, or failing to is an insured only with respect to liability for prepare or approve, maps, shop "bodily injury", "property damage" or "personal drawings, opinions, reports, surveys, and advertising injury" caused, in whole or in part, field orders, change orders or drawings by your maintenance, operation or use of and specifications; or equipment leased to you by such person(s) or (2) Supervisory, inspection, architectural or organization(s). engineering activities. However, the insurance afforded to such This exclusion applies even if the claims additional insured: against an additional insured allege a. Only applies to the extent permitted by law; negligence or other wrongdoing in the and supervision, hiring, employment, training or monitoring of others by that insured, if the b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an addi- involved the rendering of or failure to render tional insured under this endorsement ends when any professional services by you with respect their contract or agreement with youfor such to your providing engineering, architectural or leased equipment ends. surveying services in your capacity as an 2. With respect to the insurance afforded to these engineer, architect or surveyor. additional insureds, this insurance does not apply to any "occurrence" which takes place after the E. Blanket Additional Insured Managers Or Les- equipment lease expires. sors Of Premises 3. With respect to the insurance afforded to these 1. Section II Who Is An Insured is amended to additional insureds, the following is added to include as an additional insured any person(s) or Section III Limits Of Insurance: organization(s) with whom you have agreed in a written contract, executed prior to loss, to name If coverage provided to the additional insured is as an additional insured, but only with respect to required by a contract or agreement, the most we liability arising out of the ownership, maintenance will pay on behalf of the additional insured is: or use of that part of the premises leased to you, a. The minimum amount required by the subject to the following additional exclusions: contract or agreement; or This insurance does not apply to: b. The Limits of Insurance shown in the a. Any "occurrence" which takes place after you Declarations; cease to be a tenant in that premises. whichever is less. b. Structural alterations, new construction or This endorsement shall not increase the demolition operations performed by or on applicable Limits of Insurance shown in the behalf of such additional insured. Declarations. WN GL 39 08 18 Page 6 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. F. Blanket Additional Insured State Or However: Governmental Agency Or Subdivision Or Political a. The insurance afforded to such additional Subdivision Permits Or Authorizations insured only applies to the extent permitted Section II Who Is An Insured is amended to in- by law; and clude as an additional insured any state or b. If coverage provided to the additional insured governmental agency or subdivision or political is required by a contract or agreement, the subdivision with whom you have agreed in a written insurance afforded to such additional insured contract, executed prior to loss, to name as an will not be broader than that which you are additional insured, subject to the following provisions: required by the contract or agreement to 1. This insurance applies only with respect to op- provide for such additional insured. erations performed by you or on your behalf for 2. With respect to the insurance afforded to these which the state or governmental agency or sub- additional insureds, the following is added to division or political subdivision has issued a Section III Limits Of Insurance: permit or authorization. If coverage provided to the additional insured is However: required by a contract or agreement, the most we a. The insurance afforded to such additional will pay on behalf of the additional insured is: insured only applies to the extent permitted a. The minimum amount required by the by law; and contract or agreement; or b. If coverage provided to the additional insured b. The Limits of Insurance shown in the is required by a contract or agreement, the Declarations; insurance afforded to such additional insured whichever is less. will not be broader than that which you are This endorsement shall not increase the required by the contract or agreement to applicable Limits of Insurance shown in the provide for such additional insured. Declarations. 2. This insurance does not apply to: 3. With respect to the insurance afforded to these a. "Bodily injury", "property damage" or "per- additional insureds, the following additional sonal and advertising injury" arising out of op- exclusion applies: erations performed for the federal govern- This insurance does not apply to: ment, state or municipality; or a. "Bodily injury", "property damage" or b. "Bodily injury" or "property damage" included "personal and advertising injury" arising out within the "products-completed operations of the rendering of, or the failure to render, hazard". any professional architectural, engineering or 3. With respect to the insurance afforded to these surveying services, including: additional insureds, the following is added to (1) The preparing, approving, or failing to Section III Limits Of Insurance: prepare or approve, maps, shop If coverage provided to the additional insured is drawings, opinions, reports, surveys, required by a contract or agreement, the most we field orders, change orders or drawings will pay on behalf of the additional insured is: and specifications; or a. The minimum amount required by the (2) Supervisory, inspection, architectural or contract or agreement; or engineering activities. b. The Limits of Insurance shown in the This exclusion applies even if the claims Declarations; against an additional insured allege whichever is less. negligence or other wrongdoing in the supervision, hiring, employment, training or This endorsement shall not increase the monitoring of others by that insured, if the applicable Limits of Insurance shown in the Declarations. involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. WN GL 39 08 18 Page 7 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. b. The construction, erection or removal of 4. With respect to the insurance afforded to these elevators; or additional insureds, the following additional c. The ownership, maintenance or use of any exclusion applies: elevators covered by this insurance. This insurance does not apply to: However, a. "Bodily injury", "property damage" or "personal and advertising injury" arising out a. The insurance afforded to such additional of the rendering of, or the failure to render, insured only applies to the extent permitted any professional architectural, engineering or by law; and surveying services, including: b. If coverage provided to the additional insured (1) The preparing, approving, or failing to is required by a contract or agreement, the prepare or approve, maps, shop insurance afforded to such additional insured drawings, opinions, reports, surveys, will not be broader than that which you are field orders, change orders or drawings required by the contract or agreement to and specifications; or provide for such additional insured. (2) Supervisory, inspection, architectural or 2. With respect to the insurance afforded to these additional insureds, the following is added to engineering activities. Section III Limits Of Insurance: This exclusion applies even if the claims against an additional insured allege If coverage provided to the additional insured is negligence or other wrongdoing in the required by a contract or agreement, the most we supervision, hiring, employment, training or will pay on behalf of the additional insured is: monitoring of others by that insured, if the a. The minimum amount required by the contract or agreement; or b. The Limits of Insurance shown in the involved the rendering of or failure to render Declarations; any professional services by you with respect whichever is less. to your providing engineering, architectural or This endorsement shall not increase the surveying services in your capacity as an applicable Limits of Insurance shown in the engineer, architect or surveyor. Declarations. G. Blanket Additional Insured State Or 3. With respect to the insurance afforded to these Governmental Agency Or Subdivision Or Political additional insureds, the following additional Subdivision Permits Or Authorizations Relating exclusion applies: To Premises This insurance does not apply to: Section II Who Is An Insured is amended to in- a. "Bodily injury", "property damage" or clude as an additional insured any state or "personal and advertising injury" arising out governmental agency or subdivision or political of the rendering of, or the failure to render, subdivision with whom you have agreed in a written any professional architectural, engineering or contract, executed prior to loss, to name as an surveying services, including: additional insured, subject to the following provision: (1) The preparing, approving, or failing to 1. This insurance applies only with respect to the fol- prepare or approve, maps, shop lowing hazards for which the state or drawings, opinions, reports, surveys, governmental agency or subdivision or political field orders, change orders or drawings subdivision has issued a permit or authorization in connection with premises you own, rent or and specifications; or control and to which this insurance applies: (2) Supervisory, inspection, architectural or a. The existence, maintenance, repair, engineering activities. construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or WN GL 39 08 18 Page 8 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. This exclusion applies even if the claims SECTION IV COMMERCIAL GENERAL LIABILITY against an additional insured allege CONDITIONS AMENDMENTS negligence or other wrongdoing in the A. Knowledge Of Occurrence supervision, hiring, employment, training or Item 2. Duties In The Event Of Occurrence, Of- monitoring of others by that insured, if the fense, Claim or Suit is amended by adding the fol- lowing: e. You must give us or our authorized representa- involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or known to: surveying services in your capacity as an (1) You, if you are an individual; engineer, architect or surveyor. (2) A partner, if you are a partnership; (3) An executive officer or insurance manager, if SECTION III LIMITS OF INSURANCE AMENDMENTS you are a corporation; or A. Damage To Premises Rented To You (4) A member or manager, if you are a limited Paragraph 6. is replaced by the following: liability company. 6. Subject to Paragraph 5. above, the most we will B. Other Insurance pay under Coverage A for damages because of Item 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced by the following: rented to you, or in the case of damage by fire, (ii) That is fire, lightning, explosion or sprinkler leak- lightning, explosion or sprinkler leakage, while age insurance for premises rented to you or rented to you or temporarily occupied by you with temporarily occupied by you with permission of permission of the owner is the greater of: the owner; a. $300,000; or C. Unintentional Failure To Disclose Hazards b. The amount shown next to the Damage To Item 6. Representations is replaced by the following: Premises Rented To You Limit in the Decla- 6. Representations And Unintentional Failure To rations. Disclose Hazards However, the provisions of this paragraph do not a. By accepting this policy, you agree: apply if Damage To Premises Rented To You (1) The statements in the Declarations are Coverage is excluded by endorsement. accurate and complete; B. Medical Expense Limit (2) Those statements are based upon repre- Paragraph 7. is replaced with the following: sentations you made to us; and 7. Subject to Paragraph 5. above, the most we will (3) We have issued this policy in reliance pay under Coverage C for all medical expenses upon your representations. b. If you unintentionally fail to disclose any haz- person is the greater of: ards existing at the inception date of your a. $10,000; or policy, we will not deny coverage under this b. The amount shown next to the Medical Ex- Coverage Part because of such failure. pense Limit in the Declarations. However, this provision does not affect our right to collect additional premium or exercise This insurance does not apply if coverage for Medical Expenses is excluded either by the pro-our right of cancellation or non-renewal. visions of the coverage part or by endorsement. WN GL 39 08 18 Page 9 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. D. Waiver of Subrogation SECTION V DEFINITIONS AMENDMENTS Item 8. Transfer of Rights of Recovery Against A. Insured Contract Amended Others to Us is hereby amended by the addition of Paragraph 9. a. is replaced by the following: the following: a. A contract for a lease of premises. However, that We waive any right of recovery we may have because portion of the contract for a lease of premises that of payments we make for injury or damage arising out indemnifies any person or organization for of your ongoing operations or "your work" done under damage by fire, lightning, explosion or sprinkler a written contract, executed prior to loss, requiring leakage to premises while rented to you or such waiver with that person or organization and temporarily occupied by you with permission of included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or B. Personal And Advertising Injury Redefined damage for which we make payment under this Paragraph 14. d. and e. are replaced by the following: Coverage Part. The insured must do nothing after a d. Oral, written, televised, videotaped or electronic loss to impair our rights. At our request, the insured publication of material that slanders or libels a will bring "suit" or transfer those rights to us and help us enforce those rights. e. Oral, written, televised, videotaped or electronic publication of material that right of privacy; WN GL 39 08 18 Page 10 of 10 Includes copyrighted material of the Insurance Service Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY WNGL1390618 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED CONTRACTORS OPERATIONS AND COMPLETED OPERATIONS WITH ADDITIONAL INSURED REQUIREMENT IN CONSTRUCTION CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (2) 1.Additional Insured Operations the injury or damage arises has been put A.Section IIWho Is An Insured is amended to its intended use by any person or or- to include as an additional insured: ganization other than another contractor (1) Any person or organization for whom you orsubcontractor engaged in performing are performing operations when you and operations for a principal as a part of the such person or organization have agreed same project. in writing in a contract or agreement that 2.Additional Insured Completed Operations such person or organization be added as an additional insured on your policy; and A.Section II Who Is An Insured is amended to include as an additional insured: (2) Any other person or organization you are required to add as an additional insured (1) Any person or organization forwhom you under the contract or agreement de- are performing operations when you and scribed in Paragraph 1. above. such person or organization have agreed in writing in a contract or agreement that Such person(s) or organization(s) is an add- such person or organization be added as tional insured only with respect to liability for an additional insured on your policy; and "bodily injury", "property damage" or "per- sonal and advertising injury" caused, in (2) Any other person or organization you are whole or in part, by: required to add as an additional insured under the contract or agreement de- a. Your acts or omissions; or 1. scribed in Paragraph above. b. The acts or omissions of those acting on Such person(s)or organization(s)is an addi- your behalf; tional insured only with respect to liability for in the performance of your ongoing opera- "bodily injury", "property damage" or "per- . tions for the additional insured sonal and advertising injury" caused, in whole BAdditional Insured -Opera- .With respect to or in part, by: tions ,coverage is limited as follows: a. Your acts or omissions; or This insuranbodily in- b. The acts or omissions of those acting on j your behalf; (1) All work, including materials, parts or and included -completed op- equipment furnished in connection with such work, on the project (other than ser- vice, maintenance or repairs) to be per- formed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or WN GL 13906 18 Page 1of2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Additional Insured Com-D. With respect to With respect to the insurance afforded to pleted Operations , coverage is limited as fol-these additional insureds, the following is Section III Limits Of Insurance lows: added to : (1) If coverage provided to the additional insured sured under Additional Insured Com-is required by a contract or agreement, the pleted Operations continues only for the most we will pay on behalf of the additional period of time required by any written con-insured is: tract or agreement. (1) The minimum amount required by the (2) The insurance provided to the additional contract or agreement; or (2) The Limits of Insurance shown in the Dec- larations; whichever is less. for which a consolidated (wrap-up) insur- This endorsement shall not increase the ap- ance program has been provided by the plicable Limits of Insurance shown in the Dec- prime contractor-project manager or larations. owner of the construction project in which you are involved. E. With respect to the insurance afforded to these additional insureds, the following addi- 3. Primary and Noncontributory tional exclusion applies: Other Insurance The following is added to the This insurance does not apply to: Condition and supersedes any provision to the contrary: "Bodily injury", "property damage" or "per- sonal and advertising injury" arising out of the Primary And Noncontributory Insurance rendering of, or the failure to render, any pro- This insurance is primary to and will not seek con- fessional architectural, engineering or survey- tribution from any other insurance available to an ing services, including: additional insured under your policy provided that: (1) The preparing, approving, or failing to (1) The additional insured is a Named Insured un- prepare or approve, maps, shop draw- der such other insurance; and ings, opinions, reports, surveys, field or- (2) You have agreed in writing in a contract or ders, change orders or drawings and agreement that this insurance would be pri- specifications; or mary and would not seek contribution from (2) Supervisory, inspection, architectural or any other insurance available to the additional engineering activities. insured. This exclusion applies even if the claims 4. Other Provisions Applicable to Additional In- against an additional insured allege negli- sured Operations and Additional Insured gence or other wrongdoing in the supervision, Completed Operations hiring, employment, training or monitoring of A. The Amendment of Insured Contract Defini- tion (Endorsement CG 24 26) does not apply to an additional insured. B.f. The coverage provided under Paragraph of Sec- rendering of or failure to render any profes- tion V Definitions does not apply to an ad-sional services by you with respect to your ditional insured under this endorsement un-providing engineering, architectural or survey- less required by a written contract or ing services in your capacity as an engineer, agreement. architect or surveyor. C. The insurance afforded to such additional in- sured only applies to the extent permitted by law; and If coverage provided to the additional insured is required by a contract or agreement, the in- surance afforded to such additional insured will not be broader than that which you are re- quired by the contract or agreement to provide for such additional insured. WN GL 139 06 18 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL GENERAL LIABILITY POLICY NUMBER: CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.3.A For all sums which the insured becomes legally Any payments made under Coverage for C obligated to pay as damages caused by "occur-damages or under Coverage for medical IA, rences" under Section – Coverage and for all expenses shall reduce the Designated Con- mit for medical expenses caused by accidents under struction Project General Aggregate Li IC, Section – Coverage which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above:shall they reduce any other Designated Con- struction Project General Aggregate Limit for 1. t A separate Designated Construction Projec any other designated construction project General Aggregate Limit applies to each des- shown in the Schedule above. ignated construction project, and that limit is 4. equal to the amount of the General Aggregate The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To apply. You and Medical Expense continue to 2. The Designated Construction Project General However, instead of being subject to the Aggregate Limit is the most we will pay for the General Aggregate Limit shown in the Decla- A, sum of all damages under Coverage ex- rations, such limits will be subject to the appli- cept damages because of "bodily injury" or cable Designated Construction Project Gen- "property damage" included in the "products- eral Aggregate Limit. completed operations hazard", and for medi- C cal expenses under Coverage regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 Page 1 of 2 © Insurance Services Office, Inc., 2008 B.C. For all sums which the insured becomes legally When coverage for liability arising out of the obligated to pay as damages caused by "occur-"products-completed operations hazard" is pro- IA, rences" under Section – Coverage and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in IC, Section – Coverage which cannot be attrib-the "products-completed operations hazard" will uted only to ongoing operations at a single des-reduce the Products-completed Operations Ag- ignated construction project shown in the Sched-gregate Limit, and not reduce the General Ag- ule above: gregate Limit nor the Designated Construction Project General Aggregate Limit. 1.A Any payments made under Coverage for CD. damages or under Coverage for medical If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will still be deemed to be the same construction pro- 2. Such payments shall not reduce any Desig- ject. nated Construction Project General Aggre- E.III gate Limit. The provisions of Section – Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 03 05 09 © Insurance Services Office, Inc., 2008 COMMERCIAL AUTO EA 99 10 11 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. SECTIONI–COVERED ThefollowingchangesreviseThecoveragethatappliesisthesameasthe AUTOScoverage provided for the vehicle being replaced. C.1.PhysicalDamageCoverageisextendedtothe Paragraphisdeletedandreplacedwiththe temporarysubstituteautoforthelesserofthe following: following number of days: 1.Trailers 1. Thenumberofdaysreasonablyrequiredto a. “Trailers”withaloadcapacityof2,000 repairorreplacethecovered“auto”thatisout poundsorlessdesignedprimarilyfortravel of service; or on public roads; or 2. 30 days. b. “Trailers”designedprimarilyfortravelon SECTIONII–LIABILITY Thefollowingchangesrevise public roads when: COVERAGE (1) Pulledbyanownedprivatepassenger A.1. The following is added to Paragraph : autospecificallydescribedinItem ThreeoftheDeclarationsasacovered d.Blanket Additional Insured “auto”forLiabilityCoverageunderthis Anypersonororganizationthatyouare Coverage Form; and requiredtoincludeasanadditionalinsured (2) Notusedforbusiness,farmingor onthisCoverageForminawrittencontract ranching purposes. oragreementthatissignedandexecuted byyoubeforethe“bodilyinjury”or“property Privatepassengerautomeansamotor vehicleoftheprivatepassenger,stationdamage”occursandthatisineffectduring thepolicyperiodisan“insured”forLiability wagon,pickuporvantypedesignedforuse Coverage,butonlyfordamagestowhich onpublichighwaysandsubjecttomotor this insurance applies. vehicle registration. Aperson’sororganization’sstatusasan The following is added: additionalinsuredunderthisendorsement D.Temporary Substitute Autos – Physical Damage endswhenyourcontractoragreementwith IfPhysicalDamageCoverageisprovidedbythis such person or organization ends. CoverageForm,thefollowingtypesofvehiclesare TheLimitsofInsuranceapplicabletothe alsocovered“autos”forPhysicalDamage AdditionalInsuredarethosespecifiedinthe Coverage: writtencontractoragreementbutnotmore Any“auto”youdonotownwhileusedwiththe thantheLimitsofInsurancespecifiedinthe permissionofitsownerasatemporarysubstitute Declarationsofthispolicy.TheLimitsof foracovered“auto”youownthatisoutofservice InsuranceapplicabletotheAdditional because of its: Insuredareinclusiveofandnotinaddition totheLimitsofInsuranceshowninthe 1. Breakdown; declarations for the Named Insured. 2. Repair; ThisCoveragedoesnotapplytolessorsof 3. Servicing; leased“autos”. 4. “Loss”; or 5. Destruction. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 1 of 4 e.Broadened Named Insuredunderthispolicy.Nodeductibleappliesto thiscoverage. Anybusinessentitynewlyacquiredor (1) formedbyyouduringthepolicyperiodWewillpayonlyforthoseexpenses incurredasaresultofacovered"loss" providedyouown51%ormoreofthe occurringduringthepolicyperiod businessentityandthebusinessisnot beginning24hoursafterthe"loss"and separatelyinsuredforBusinessAuto ending,regardlessofthepolicy's Coverage.Coverageisextendeduptoa expiration,withthelesserofthe maximumof90daysfollowingacquisition following number of days: orformationofthebusinessentityoruntil theendofthepolicyperiod,whichever (a) Thenumberofdaysreasonably comesfirst. requiredtorepairorreplacethe f.Employee Hired Autocovered"auto”.If"loss"iscaused bytheft,thisnumberofdaysis An“employee”ofyoursisan“insured”while addedtothenumberofdaysit operatingan“auto”hiredorrentedundera takestolocatethecovered"auto" contractoragreementinthat“employee’s” and return it to you; or name,withyourpermission,while (b) 10 days. performingdutiesrelatedtotheconductof your business. (2) OurpaymentunderthisCoverage 4.a. A.2.a.(2)A.2.a.(4)Extension()islimitedtothelesser Paragraphsandaredeletedand ofthenecessaryandactualexpenses replaced with the following: incurredorthemaximumamount 2.Coverage Extensions shown, $250. a.Supplementary Payments (3) CoverageunderthisCoverage (2) Upto$2,500forcostofbailbonds 4.a. Extension()doesnotapplywhile (includingbondsforrelatedtrafficlaw therearespareorreserve"autos" violations)requiredbecauseofan available to you for your operations. “accident”wecover.Wedonothaveto A.4. The following is added to Paragraph : furnish these bonds. c.TransportationExpenses-Theftofa (4) Allreasonableexpensesincurredby Private Passenger Auto the“insured”atourrequest,including Intheeventof"loss"toacoveredprivate actuallossofearningsupto$300aday passengertype"auto"causedbyatotal because of time off from work. theftwhichiscoveredbyComprehensiveor SECTION III – PHYSICAL The following changes revise SpecifiedCausesofLossCoverageonthis DAMAGE COVERAGE policy,wewillpayupto$25perdaytoa Thiscoverageappliesonlyforacovered“auto”for maximumof$500fortransportation whichPhysicalDamageCoverageisprovidedforon expensesincurredbyyouasaresultofthat thispolicy. “loss”. A.3 The following is added to Paragraph : (1) Wewillpayfortransportationexpenses incurredduringtheperiodbeginning Glass Repair – Waiver of Deductible 264 hours (11 days) after the "loss”. Nodeductiblewillapplytoglassbreakageifsuch (2) Regardlessofthepolicy'sexpiration, glassisrepairedinamanneracceptabletous ourreimbursementofyour rather than replaced. transportationexpensesunderthis A.4.a. Paragraphisdeletedandreplacedwiththe CoverageExtensionwillendwhenthe following: covered"auto"isreturnedtoyouruse 4.Coverage Extensions or we pay for its "loss”. a.LimitedRentalReimbursementorTravel (3) NodeductibleappliestothisCoverage Expense Extension. Wewillpayupto$25perdaytoa d.Tapes, Records and Discs maximumof$250forrentalreimbursement Wewillpayfor"loss"totapes,records, expensesfortherentalofan"auto"orother compactdiscs,orothersimilardevices transportationexpenseincurredbyyou usedwithaudio,visualordataelectronic becauseof"loss"toacovered"auto"which devices. iscoveredbyComprehensive,Specified (1) Wewillpayonlyifthetapes,records, CausesofLoss,orCollisioncoverage compact discs, or other similar devices: EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 2 of 4 (a)(d) AreyourpropertyorthatofafamilyAnimals,privatepassenger“autos,” member; ormotorcycles,aircrafts,boatsorany othermotorizedvehiclesortheir (b) Arethepropertyofan“employee” equipment,furnishingsor usingacovered"auto"inyour appurtenances. businessaffairsatthetimeofthe (e) "loss”; andEquipmentoraccessorieswhile yourTravelTrailer,“Camper”or (c) Areinacovered"auto"which MotorHomeisleasedorrentedto sustainsothercovered"loss"under anyorganizationoranyperson ComprehensiveorCollision other than you or a family member. coverageatthetimeofthe"loss"to (2) tapes,records,compactdiscs,orThemaximumwewillpayfor“loss”is other similar devices.the lesser of: (a) (2) Themostwewillpayfor"loss”underTheactualcashvalueofthe 4.d. this Coverage Extension () is $200.personalpropertyatthetimeof “loss”; (3) PhysicalDamageCoverageprovisions (b) applytothiscoverage,exceptthatanyThecostofrepairingthedamage; deductibleapplicabletoor ComprehensiveorCollisioncoverage (c) Thecostofreplacingthedamaged doesnotapplytothisCoverage personalpropertywithother 4.d. Extension (). personalpropertyoflikekind, Theexclusionreferringtotapes,records,condition, quality and value. discsorothersimilaraudio,visualordata g.Vacation Expense Allowance electronicdevicesdesignedforusewith Wewillpayyou$50perdaytoamaximum audio,visualordataelectronicequipment of$500forextraexpenseswhenaTravel does not apply. Trailer,“Camper”orMotorHomeisa e.Camper Bodies scheduledautoforphysicaldamage Intheeventofa“loss”toadetachedcoverage,andtheTravelTrailer,“Camper” “camper,”physicaldamagecoveragewillor Motor Home: applyasifitwerepartofthecovered"auto" (1) Isdamagedordestroyedandis on which it is rated. uninhabitable; and f.ContentsofaTravelTrailer,Camperor (2) Whilebeingusedforvacationpurposes Motor Home within the policy period. WhenaTravelTrailer,“Camper”orMotor Extraexpensesmustbesupportedby Homeisascheduledautoforphysical receipts or other valid evidence. damagecoverage,wewillpayupto$1,000 A. The following is added to Paragraph : for“loss”topersonalpropertybelongingto youorafamilymemberthatiswithinthe 5.Extra Expense – Broadened Coverage TravelTrailer,“Camper”orMotorHome. Wewillpayforthedirectexpenseofthe Wewillpayupto$250for“loss”topersonal returningofastolencovered“auto”toyou.We propertybelongingtoyouorafamily willpayonlyforthosecovered“autos”forwhich memberthatisoutsidetheTravelTrailer, youcarryComprehensiveorSpecifiedCauses “Camper” or Motor Home. ofLossCoverage.Thiscoveragewillonly (1) We will not pay for “loss” to: applytovehiclesrecoveredinsidethe48 contiguousUnitedStates.Thiscoveragedoes (a) Articlescarriedorheldforsale, not apply to an “auto” we deem a total “loss”. storageorrepairs,orforlater delivery;goodskepttoshoworsell; B.3.a. The following is added to Paragraph : or theatrical wardrobes. Airbag Coverage – Accidental Deployment (b) Business,storeofofficefurnitureor However,thisexclusiondoesnotapplytothe equipment. unintendedinflationofanairbagiftheinflation (c) Recordsoraccounts,money, iscausedbymechanicalorelectrical bullion,deeds,contracts,evidences breakdown. ofdebt,securities,tokensortickets, stampsincurrentuseor manuscripts. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 4 SECTIONIV–SECTIONV– ThefollowingchangesreviseThefollowingchangesrevise BUSINESS AUTO CONDITIONSDEFINITIONS A.2.a. The following is added to Paragraph :The following is added: AmendedDutiesintheEventofanAccident,Q. "Camper"meansaportabledwellingunitwithout Claim, Lawsuit or Loss axlesorwheelsthathasbeenmanufacturedfor attachmentonthebedofapickuptrucktobeused However,thisdutyisonlyrequiredwhenthe forcasual travel or camping. “accident” is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) Amember,ifyouarealimitedliability company; or (4) Anexecutiveofficerorinsurancemanager, if you are a corporation. A. The following is added to Paragraph : 6.Blanket Waiver of Subrogation Wewaiveanyrightofrecoverywemayhave againstanypersonororganizationtotheextent requiredofyoubyawrittencontractexecuted priortoany“accident”becauseofpaymentswe make for damages under this coverage form. B.2. The following is added to Paragraph : Unintentional Failure to Disclose Hazards Anyunintentionalfailuretodiscloseallexposuresor hazardsexistingasoftheeffectivedateofthe BusinessAutoCoverageFormoratanytimeduring thepolicyperiodwillnotinvalidateoradversely affectthecoverageforsuchexposureorhazard. However,youmustreporttheundisclosedexposure orhazardtousassoonasreasonablypossible afterits discovery. B.5.b. Paragraphisdeletedandreplacedwiththe following: b. ForHiredAutoPhysicalDamageCoverage,the followingaredeemedtobecovered“autos”you own: (1) Anycovered“auto”youlease,hire,rentor borrow; and (2) Anycovered“auto”hiredorrentedbyyour “employee”underacontractinthat individual“employee’s”name,withyour permission,whileperformingdutiesrelated to the conduct of your business. However,any“auto”thatisleased,hired, rentedorborrowedwithadriverisnota covered"auto". B.5. The following is added to Paragraph e. Totheextentrequiredbyan"insuredcontract", thisinsuranceisprimaryonbehalfofthe additionalinsured,andanyotherinsurance maintainedbytheadditionalinsuredisexcess andnotcontributorywiththisinsurance.Ifthe "insuredcontract"doesnotrequirethis a. provision, then Paragraph above will apply. EA 99 10 11 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 4 of 4 COMMERCIAL AUTO EA 99 12 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL VEHICLE SHARING EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. PERSONAL VEHICLE SHARING EXCLUSION “Personalvehiclesharing”meanstheuseofprivate We will not pay: passenger“autos”bypersonsotherthanthevehicles’ 1. forlossunderanycoverageaffordedunderthis registeredownerinconnectionwitha“personalvehicle policyarisingoutofthelease,ownership, sharing program”. maintenance,use,loadingorunloadingofa covered“auto”whenthecovered“auto”isusedina “personal vehicle sharing program”; “Personalvehiclesharingprogram”meansalegalentity qualifiedtodobusinessinthestatewherethecovered 2. todefendorindemnifyyouforanylossorinjurythat “auto”isregisteredandwhichisengagedinthe occursduringanytimeperiodwhileyourcovered businessoffacilitatingthesharingofprivatepassenger “auto”isundertheoperationand/orcontrolofany “autos”fornoncommercialusebyindividualswithinthis personororganizationusingyourcovered“auto”in state. a “personal vehicle sharing program”. Intheeventofanylossorinjurythatoccursatanytime whenthecovered“auto”isundertheoperationor controlofaperson,otherthanthevehicle’sregistered owner,pursuanttoa“personalvehiclesharing program”,orisotherwiseunderthecontrolofa “personalvehiclesharingprogram”,theprogramshall assumeallliabilityofthevehicleownerandshallbe considered the vehicle owner for all purposes. A“personalvehiclesharingprogram”continuestobe liable until: 1. Thecovered“auto”isreturnedtoalocation designatedbythe“personalvehiclesharing program; and 2. One of the following conditions occurs: a. Theexpirationofthetimeperiodestablishedfor the covered “auto” occurs; b. Theintenttoterminatethecovered“auto’s” “personalvehiclesharing”useisverifiably communicatedtothe“personalvehiclesharing program”; or c. Thevehicle’sregisteredownertakes possession and control of the covered “auto”. EA 99 12 08 13Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission Mutual of Enumclaw Insurance Company POLICY NUMBER:ME 88 02 12 01 08/06/201 EFFECTIVE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. QSJNBSZ!OPO.DPOUSCVUPSZ!XPSEJOH!GPS!BVUP!GPS CPVUFO!DPOTUSVDUJPO!DPNQBOZ This endorsement modifies insurance provided under the following Coverage Part(s): DPNNFSDJBM!BVUPNPCJMF Uijt!jotvsbodf!jt!qsjnbsz-!cvu!pomz!xjui!sftqfdu!up!mjbcjmjuz!bsjtjoh!pvu!pg!uif pxofstijq-!nbjoufobodf!ps!vtf!pg!b!dpwfsfe!bvup!jo!xpsl!qfsgpsnfe !!!!gps!uif!beejujpobm!jotvsfe!bu!uif!qspkfdu!eftjhobufe!bcpwf/ !!!!Boz!puifs!jotvsbodf!bwbjmbcmf!up!uif!beejujpobm!jotvsfe!jt!fydftt!boe !!!!opo.dpousjcvupsz/ ME 88 02 12 01 Includes copyrighted material of Insurance Services Office, Inc. with its permission. BUDI&AS-01ROCHOA DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 8/6/2020 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). CONTACT PRODUCER NAME: PHONEFAX Hub International Northwest LLC (425) 489-4500(425) 485-8489 (A/C, No, Ext):(A/C, No): PO Box 3018 E-MAIL now.info@hubinternational.com Bothell, WA 98041 ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Western National Mutual Insurance Company 15377 INSURER A : INSURED INSURER B : Budinger & Associates, Inc. INSURER C : SJS Land Company, LLC INSURER D : 1101 N Fancher Rd Spokane, WA 99212 INSURER E : INSURER F : COVERAGESCERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDLSUBRPOLICY EFFPOLICY EXP TYPE OF INSURANCEPOLICY NUMBERLIMITS LTRINSDWVD(MM/DD/YYYY)(MM/DD/YYYY) 1,000,000 A COMMERCIAL GENERAL LIABILITY X EACH OCCURRENCE$ DAMAGE TO RENTED 300,000 CLAIMS-MADEOCCUR X CPP1219645018/6/20208/6/2021 $ PREMISES (Ea occurrence) XX 10,000 MED EXP (Any one person)$ 1,000,000 PERSONAL & ADV INJURY$ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- 2,000,000 X POLICYLOC PRODUCTS - COMP/OP AGG$ JECT Wa Stop Gap1,000,000 OTHER:$ COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accident) X ANY AUTO CPP1244946008/6/20208/6/2021 BODILY INJURY (Per person)$ XX OWNEDSCHEDULED AUTOS ONLYAUTOSBODILY INJURY (Per accident)$ PROPERTY DAMAGE HIREDNON-OWNED XX (Per accident)$ AUTOS ONLYAUTOS ONLY $ 4,000,000 A X UMBRELLA LIABOCCUR EACH OCCURRENCE$ UMB1037136018/6/20208/6/2021 4,000,000 EXCESS LIABCLAIMS-MADE X AGGREGATE$ DEDRETENTION$ $ PEROTH- WORKERS COMPENSATION A X STATUTEER AND EMPLOYERS' LIABILITY Y / N CPP1219645018/6/20208/6/2021 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? 1,000,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under 1,000,000 DESCRIPTION OF OPERATIONS belowE.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project: Sullivan and Wellesley Intersection Improvement Project, CIP#0249 City of Spokane Valley is added as additional insured per the attached endorsements. Primary and non-contributory and Waiver of subrogation apply. CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Avenue Spokane, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)© 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD