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22-173.00 Benthin & Associates: Bowdish Sidewalks Contract No. 22-173 AGREEMENT FOR PROFESSIONAL SERVICES Benthin & Associates THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter"City" and Benthin & Associates, hereinafter "Consultant,"jointly referred to as"Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services,attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services,schedule,and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services,stop work,and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City-furnished information. C.Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct'errors or omissions appearing therein when required to do so by City without additional compensation. 2.Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by 4/30/2023 unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page I of8 Contract No. 22-173 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of$ 12,105.00 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below-stated address. City reserves the right to withhold payment under this Agreement for that portion of the work(if any)which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code,and federal or state standards. 5.Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: TO THE CONSULTANT: Name: Christine Bainbridge,City Clerk Name: Walt Dale Phone: (509)720-5000 Phone: (509)325-4529 Address: 10210 East Sprague Avenue Address: 1004 N Atlantic St. Spokane Valley, WA 99206 Spokane,WA 99201 6.Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant states that its designs, construction documents, and services shall conform to all federal,state,and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Agreement for Professional Services(with professional liability coverage) Page 2 of 8 Contract No. 22-173 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification;and 4. 1-lave not within a three-year period preceding this application/proposal had one or more public transactions(federal,state, or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method,and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports,reproduction quality mylars of maps,and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish,disclose, distribute, and otherwise use,in whole or in part,any reports,data,drawings,images,or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10.Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine, make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials,payrolls, and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant,its agents,representatives,employees,or subcontractors. A. Minimum Scope of Insurance. Consultant's required insurance shall be of the types and coverages as stated below: 1. Automobile liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be at least as broad as Insurance Services Office(ISO) form CA 00 01. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations, stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with Agreement for Professional Services(with professional liability coverage) Page 3 of 8 Contract No. 22-173 respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $2,000,000 each occurrence, and $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than$2,000,000 per claim and $2,000,000 policy aggregate limit. C. Other Insurance Provisions. The Consultant's policies are to contain,or be endorsed to contain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2.Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City,offset against finds due Consultant from the City. D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory Agreement for Professional Services(with professional liability coverage) Page 4 of 8 Contract No. 22-173 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers,agents,and employees, from any and all claims,actions,suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts,errors,or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City,its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under industrial insurance, Title 51, RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 13.Waiver. No officer,employee,agent,or other individual acting on behalf of either Party has the power, right,or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without prior written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time-to-time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement for Professional Services(with professional liability coverage) Page 5 of 8 Contract No. 22-173 Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted, or granted a present or future gift,favor,service,or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 22. Assurance of Compliance with Applicable Federal Law. During the performance of this Agreement, the Consultant,for itself, its assignees,and successors in interest agrees as follows: A. Compliance with Regulations. Consultant shall comply with the federal laws set forth in subsection G, below ("Pertinent Non-Discrimination Authorities") relative to non-discrimination in federally-assisted programs as adopted or amended from time-to-time, which are herein incorporated by reference and made a part of this Agreement. B. Non-discrimination. Consultant,with regard to the work performed by it during this Agreement, shall not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. Consultant shall not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations, either by competitive bidding, or negotiation made by Consultant for work to be performed under a subcontract, including procurements of materials,or leases of equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultants's obligations under this Agreement and the Acts and the Regulations relative to non-discrimination on the grounds of race,color,or national origin. D. Information and Reports. Consultant shall provide all information and reports required by the Acts, the regulations, and directives issued pursuant thereto, and shall permit access to its books, records,accounts,other sources of information, and its facilities as may be determined by the City or the WSDOT to be pertinent to ascertain compliance with such Acts,regulations,and instructions. Where any information required of Consultant is in the exclusive possession of another who fails or refuses to furnish the information, Consultant shall so certify to the City or the WSDOT, as appropriate,and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: Agreement for Professional Services(with professional liability coverage) Page 6 of 8 Contract No. 22-173 1. Withholding payments to Consultant under the Agreement until Consultant complies; and/or 2. Cancelling,terminating,or suspending the Agreement, in whole or in part. F. Incorporation of Provisions. Consultant shall include the provisions of paragraphs of these Contract Clauses in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, regulations and directives issued pursuant thereto. Consultant shall take action with respect to any subcontract or procurement as the City or the WSDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided,that if Consultant becomes involved in,or is threatened with litigation by a subcontractor or supplier because of such direction,Consultant may request that the City enter into any litigation to protect the interests of the City. In addition,Consultant may request the United States to enter into the litigation to protect the interests of the United States. G. Pertinent Non-Discrimination Authorities: During the performance of this Agreement, the Consultant agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21;and 49 Part 26; The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. §324 et seq.), (prohibits discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. §794 et seq.), as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27; The Age Discrimination Act of 1975, as amended, (42 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended,(prohibits discrimination based on race,creed, color,national origin,or sex); The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal- aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and Ill of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C. §§12131- Agreement for Professional Services(with professional liability coverage) Page 7 of 8 Contract No. 22-173 12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency(LEP). To ensure compliance with Title VI,you must lake reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C.§1681 el seg.). 23. Sevcrability. If any section, sentence,clause,or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section,sentence,clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services E. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this toil-1 day of -rt t`f L ,20Z.Z CITY OF SPOKANE VALLEY Consults t: Jo' -Lohman,City Manager y: Its: Authorized Representative APPROVED AS TO FORM: Office of I C`t A tonne Agreement for Professional Services(with professional liability coverage) Page 8 of 8 WALTER O.DALE • BENTHIN & ASSOCIATES DALE SCOTT A.DALE PRESIDENT PROFESSIONAL LAND SURVEYING AND PLANNING \:)14-E SECRETARY 1004 NORTH ATLANTIC STREET•SPOKANE,WA.99201-2209 (509)325-4529•(Fax)325-4520•SURVEY@GPS-SURVEYOR.COM October 3, 2 EXHIBIT A: SCOPE OF SERVICES Kelly Lynch, City of Spokane Valley 10210 E Sprague Ave Spokane Valley, Wa 99206 RE: Additional Topographic Mapping Bowdish Road Scope of Services: Scope of Work for Professional Surveying Services Bowdish Road full ROW and 20' outside of ROW 400 feet North of centerline of 16th Ave North to 100 feet North of Centerline of 12`h Ave. from south curb returns at 22nd Ave to 100 feet south of curb returns 121h Ave. full ROW and 20' outside of ROW 100 feet west of west returns to 100 feet east of east returns on Bowdish Rd. 17`h Ave, 18`h Ave, 19'h Ave and 20th Ave full ROW and 20' outside of ROW from west curb returns to 100 feet west of curb returns 19`h Ave, 20`h Ave and 22nd Ave full ROW and 20'outside of ROW from east curb returns to 100 feet east of curb returns 16th Avenue full ROW and 20' outside of ROW for approximately 150 lineal feet To complete and data infill 400'West of the west curb returns and 400' East of the east returns at Bowdish Rd The City of Spokane Valley is obtaining design data for improving Bowdish Road for proposed road improvements include sidewalks and pedestrian ramps. The scope of services consists of providing surveying field crew, equipment and office calculations, drafting and support for the following three tasks: Scope of Services • Verify the existing project horizontal and vertical control points from 2020 work and add control as needed for North Bowdish to perform construction staking and topographic mapping. • Research road plans, records of survey, short plats, plats and binding site plans in addition to the computations necessary to establish the right of way for Bowdish Rd. and intersecting streets north of 16'h Ave. • Provide topographic mapping of the project area. We shall obtain survey data extending from within the current ROW lines to twenty feet outside of the proposed ROW line (along Bowdish and 16th) for sidewalks, driveways, fences, mailboxes, landscaping, trees and shrubs. • Locate centerline, flow line, top face of curb and back of walk at a maximum of 25-30 foot intervals. Sidewalk joints within the radius areas of intersections will be located. S:\Proposals12022\csv Bowdish rcl.doc Within all cross street intersections TIN shots shall be provided roughly every 25-30 feet and at breaks. Where the existing roadway is over 50 feet wide provide quarter-crown TIN shots also. • We will coordinate utility locates while conducting the survey.This will be insufficient due to design field locate response from the One Call Locate services for design. • Include all utilities (gas, power, water, san. sewer, storm sewer, TV, etc) and casings within the project and within 20 feet of right of way from above ground visible evidence. • Include storm sewer and sanitary invert elevations. • We will be responsible for traffic control for surveying efforts. • Additional work and research will need to be performed by separate contract prior to construction for completing the Temporary DNR Monument Removal Permit and are not part of this Scope of Services. • Work shall begin after the City executes a Contract Agreement and Notice of Entry is provided to adjacent property owners by the City for the new areas. Schedule • Work shall begin after the City executes a Contract Agreement and Notice of Entry is provided to adjacent property owners by the City. • Locate paint will be placed and locate request will be placed during the week of October 17th, with contract in place. • Field work will begin the following week providing the 48 business hour window for the utility locates. • We will deliver mapping product 20 business days after field work begins. Deliverables • All data and mapping will be delivered on NAD 83/91 Grid coordinate datum in US Survey Feet with reference project scale factor to acquire surface ground data if required. • Right of Ways will be derived on surface datum and scaled to Grid NAD 83/91 Grid distances. • Provide an electronic drawing in AutoCAD Civil 3d 2019, using and intuitive layering convention relevant project data and drawing files such as TINS, DTM's, alignments, break lines and point text file. Data will be merged with prior project and a complete single surface created. • Provide 24"x 36" bond copies at a scale approved by CSV, signed and dated by a Professional Land Surveyor licensed in Washington and be suitable for the development of final road design plans. • Filing of DNR monument removal permit, Re-establishing monuments and completion of DNR Permit will be under separate contract and not part of this scope of services. Professional Services Estimate:$12,000.00+$105.00 for Seven Utility Locate Tickets Sincerely, Walter O. Dale, PLS S:\Proposals12022\csv Bowclish rcl.cloc DOCUMENTS REQUIRING THIRD-PARTY NOTIFICATION PRIOR TO PUBLIC DISCLOSURE This page has been inserted in place of the page(s) entitled "Exhibit B: Fee Proposal" of a contract document which sets forth the rates charged by the contracting entity. Pursuant to the Washington Public Records Act (RCW 42.56), the City has determined that this record may be available for disclosure upon request for review by a third party. However, pursuant to RCW 42.56.520 and RCW 42.56.540, the City has determined it is appropriate to provide the contracting entity notification of any request for this record to allow them time to determine if they wish to seek to obtain a court order requiring the record to be withheld. Please contact the City Public Records Officer at (509) 720-5000 or visit our website at www.spokanevalley.org to complete a Public Record Request to receive a copy of this record. 10/18/22,3:48 PM BENTHIN&ASSOCIATES STATE OF WASHINCTON Department of Labor& Industries Certificate of Workers' Compensation Coverage October 18, 2022 WA UBI No. 602 177 391 L&I Account ID 6046800 Legal Business Name BENTHIN &ASSOCIATES Doing Business As DALE & DALE LLC Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 2 of Year 2022"4 to 6 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .1 2.050 and 51.16.190). https://secure.lni.wa.gov/verify/Details/IiabilityCertificate.aspx?UBI=602177391&LIC=&VI0=&SAW=false&ACCT=6046800 1/1 I ® DATE(MM/DD/YYYI') A`�o CERTIFICATE OF LIABILITY INSURANCE 1 o/1a/zozz THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Maribeth Sugg NAME: Assurance Risk Managers,Inc. PHONE ): (303)454-9562 FAX No): (303)454-9564 10651 East Bethany Drive ADDRESS: maribeth.sugg@arm-i.com Suite 300 INSURER(S)AFFORDING COVERAGE NAIC# Aurora CO 80014-2688 INSURERA: RLI Insurance Co 13056 INSURED INSURER B: Hanover Insurance Company 22292 Dale&Dale,LLC,DBA:Benthin&Associates;North 1004 Atlantic LLC INSURER C: 1004 N.Atlantic St INSURER D: INSURER E: Spokane WA 99201 INSURER F: COVERAGES CERTIFICATE NUMBER: 22-23 GLAL EO REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PREMISES Eaoccu occurrence) $DAMAGETO REN rED 1,000,000 X WC StopGap MED EXP(My one person) $ 10,000 A Y PSB0002991 03/01/2022 03/01/2023 PERSONAL aADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY JEo- n LOC PRODUCTS-COMP/OPAGG $ 4,000,000 OTHER: Stopgap Liablity-WA $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y PSA0001419 03/01/2022 03/01/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _ AUTOS ONLY (Per accident) PIP-Basic $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Professional Liability B Claims Made Policy LH4 A234519 08 03/01/2022 03/01/2023 Each Claim 2,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Project:Bowdish Rd. The certificate holder is an additional insured as their interest may appear when required by written contract. Coverage is on a primary&non-contibutory basis. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Spokane Valley ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague AVe AUTHORIZED REPRESENTATIVE .,,/`_ Spokane Valley WA 99206 �./ 1 "T ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: PSB0002991 RLI Insurance Company Named Insured:Dale & Dale, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR PROFESSIONALS BLANKET ADDITIONAL INSURED ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM - SECTION II—LIABILITY 1. C. WHO IS AN INSURED is amended to include as additional insured under this policy must apply on a an additional insured any person or organization that primary basis, or a primary and non-contributory you agree in a contract or agreement requiring basis, this insurance is primary to other insurance insurance to include as an additional insured on this that is available to such additional insured which policy, but only with respect to liability for "bodily covers such additional insured as a named insured, injury", "property damage" or "personal and and we will not share with that other insurance, advertising injury" caused in whole or in part by you provided that: or those acting on your behalf: a. The "bodily injury" or "property damage" for a. In the performance of your ongoing operations; which coverage is sought occurs after you have b. In connection with premises owned by or rented entered into that contract or agreement; or to you; or b. The "personal and advertising injury" for which c. In connection with "your work" and included coverage is sought arises out of an offense withincommitted after you have entered into that the "product-completed operations contract or agreement. hazard". 2. The insurance provided to the additional insured by 4. The following is added to SECTION III K. 2. this endorsement is limited as follows: Transfer of Rights of Recovery Against Others to Us — COMMON POLICY CONDITIONS (BUT a. This insurance does not apply on any basis to APPLICABLE TO ONLY TO SECTION ll — any person or organization for which coverage LIABILITY) as an additional insured specifically is added by We waive any rights of recovery we may have another endorsement to this policy. against any person or organization because of b. This insurance does not apply to the rendering payments we make for "bodily injury", "property of or failure to render any "professional damage" or "personal and advertising injury" arising services". out of "your work" performed by you, or on your c. This endorsement does not increase any of the behalf, under a contract or agreement with that limits of insurance stated in D. Liability And person or organization. We waive these rights only where you have agreed to do so as part of a Medical Expenses Limits of Insurance. contract or agreement with such person or 3. The following is added to SECTION III H.2. Other organization entered into by you before the "bodily Insurance — COMMON POLICY CONDITIONS injury" or"property damage" occurs, or the "personal (BUT APPLICABLE ONLY TO SECTION II — and advertising injury" offense is committed. LIABILITY) However, if you specifically agree in a contract or agreement that the insurance provided to an ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPB 304 02 12 Page 1 of 1 Policy Number: PSA0001419 RLI Insurance Company Named Insured: Dale & Dale, LLC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® BUSINESS AUTO ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. Broad Form Named Insured B. Employees As Insureds C. Blanket Additional Insured D. Blanket Waiver Of Subrogation E. Employee Hired Autos F. Fellow Employee Coverage G. Auto Loan Lease Gap Coverage H. Glass Repair—Waiver Of Deductible I. Personal Effects Coverage J. Hired Auto Physical Damage Coverage K. Hired Auto Physical Damage—Loss Of Use L. Hired Car—Worldwide Coverage M. Temporary Transportation Expenses N. Amended Bodily Injury Definition — Mental Anguish O. Airbag Coverage P. Amended Insured Contract Definition — Railroad Easement Q. Coverage Extensions—Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound R. Notice Of And Knowledge Of Occurrence S. Unintentional Errors Or Omissions T. Towing Coverage PPA 300WA 03 13 Page 1 of 5 1 This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Broad Form Named Insured We waive any right of recovery we may have against The following is added to the SECTION II — any person or organization to the extent required of COVERED AUTOS LIABILITY COVERAGE, Para- you by a contract executed prior to any accident" or graph A.1. Who Is An Insured Provision: "loss", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. Any business entity newly acquired or formed by you The waiver applies only to the person or during the policy period, provided you own fifty organization designated in such contract. percent(50%) or more of the business entity and the E. Employee Hired Autos business entity is not separately insured for Business Auto Coverage. Coverage is extended up 1. The following is added to the SECTION II — to a maximum of one hundred eighty (180) days COVERED AUTOS LIABILITY COVERAGE, following the acquisition or formation of the business Paragraph A.1.Who Is An Insured Provision: entity. An "employee" of yours is an "insured" while This provision does not apply to any person or operating an "auto" hired or rented under a organization for which coverage is excluded by contract or agreement in that "employee's" endorsement. name, with your permission, while performing B. Employees As Insureds duties related to the conduct of your business. The following is added to the SECTION II — 2. Changes In General Conditions: COVERED AUTOS LIABILITY COVERAGE, Para- Paragraph 5.b. of the Other Insurance graph A.1. Who Is An Insured Provision: Condition in the BUSINESS AUTO Any "employee" of yours is an "insured" while using CONDITIONS is deleted and replaced with the a covered "auto" you don't own, hire or borrow in following: your business or your personal affairs. b. For Hired Auto Physical Damage Coverage, C. Blanket Additional Insured the following are deemed to be covered "autos" you own: The following is added to the SECTION II — (1) Any covered "auto" you lease, hire, rent COVERED AUTOS LIABILITY COVERAGE, Para- or borrow; and graph A.1.Who Is An Insured Provision: (2) Any covered "auto" hired or rented by Any person or organization that you are required to your "employee" under a contract in that include as an additional insured on this coverage individual "employee's" name, with your form in a contract or agreement that is executed by permission, while performing duties you before the "bodily injury" or "property damage" related to the conduct of your business. occurs is an "insured" for liability coverage, but only However, any "auto" that is leased, for damages to which this insurance applies and hired, rented or borrowed with a driver is only to the extent that person or organization not a covered "auto". qualifies as an "insured" under the Who Is An Insured provision contained in SECTION II — F. Fellow Employee Coverage COVERED AUTOS LIABILITY COVERAGE. SECTION II — COVERED AUTOS LIABILITY The insurance provided to the additional insured will COVERAGE, Exclusion B.S. does not apply if you be on a primary and non-contributory basis to the have workers compensation insurance in-force additional insured's own business auto coverage if covering all of your employees. you are required to do so in a contract or agreement G. Auto Loan Lease Gap Coverage that is executed by you before the "bodily injury" or "property damage" occurs. SECTION III — PHYSICAL DAMAGE COVERAGE, D. Blanket Waiver Of Subrogation C. Limit Of Insurance, is amended by the addition of the following: The following is added to the SECTION IV — In the event of a total "loss" to a covered "auto" BUSINESS AUTO CONDITIONS, A. Loss shown in the Schedule of Declarations, we will pay Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us: any unpaid amount due on the lease or loan for a covered "auto", less: PPA 300WA 03 13 Page 2 of 5 1. The amount paid under the PHYSICAL (a) $60,000 DAMAGE COVERAGE section of the policy; (b) The actual cash value of the damaged and or stolen property as of the time of the 2. Any: "loss"; or a. Overdue lease/loan payments at the time of (c) The cost of repairing or replacing the the"loss"; damaged or stolen property with other b. Financial penalties imposed under a lease property of like kind and quality. for excessive use, abnormal wear and tear (2) An adjustment for depreciation and physical or high mileage. condition will be made in the event of a total c. Security deposits not returned by the lessor; "loss". d. Costs for extended warranties, Credit Life (3) We may deduct for betterment for parts Insurance, normally subject to repair and replacement Health, Accident or Disability Insurance purchased with the loan or lease; during the useful life of the "auto". In this and event, deductions shall be limited to the lesser of: e. Carry-over balances from previous loans or (a) An amount equal to the proportion that leases. the expired life of the part to be repaired H. Glass Repair—Waiver Of Deductible or replaced bears to the normal useful SECTION III — PHYSICAL DAMAGE COVERAGE, life of the part; or D. Deductible is amended by adding the following: (b) The amount which the resale value of No deductible for a covered "auto" will apply to glass the "aut " is increased from the repair or re damage if the glass is repaired rather than replaced. replacemment. I. Personal Effects Coverage (4) A deductible equal to the highest Physical Damage deductible applicable to any owned The following is added to SECTION III — PHYSICAL auto will apply. DAMAGE COVERAGE, A. Coverage, 4. Coverage (5) This Coverage Extension will not apply to: Extensions: c. Personal Effects Coverage (a) Any "auto" that is hired, rented or borrowed with a driver; or In the event of a total theft loss of your covered (b) Any "auto" that is hired, rented or "auto we will pay up to $400 for"loss"to wearing borrowed from your"employee". apparel and other personal effects which are: (1) Owned by an "insured"; and K. Hired Auto Physical Damage— Loss Of Use (2) In or on your covered "auto"; The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage No deductible applies to Personal Effects Extensions: Coverage. e. We will pay sums which you legally must pay to J. Hired Auto Physical Damage Coverage the lessor of a covered "auto" which you have The following is added to SECTION III — PHYSICAL leased without a driver for thirty(30)days or less for the lessor's loss of use of the covered "auto", DAMAGE COVERAGE, A. Coverage, 4. Coverage provided: Extensions: d. Hired Auto Physical Damage Coverage (1) This insurance provides comprehensive, specified causes of loss or collision covered If hired "autos" are covered "autos" for Liability on the covered "auto"; Coverage and this policy also provides Physical (2) The loss of use results from the covered Damage Coverage for an owned "auto", then the "auto" being damaged in an "accident" while Physical Damage Coverage is extended to you are leasing it. "autos" that you hire, rent or borrow subject to the following: We will pay up to a maximum limit of$1,500 for this covered extension. (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed L. Hired Car—Worldwide Coverage "auto" is the lesser of: The following is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, A.2. Coverage Extensions: PPA 300WA 03 13 Page 3 of 5 f. Hired Car—Worldwide Coverage (b) Insurance limits required by law and (1) We will pay all sums an "insured" legally issued by a government entity or by an mustinsurer licensed or permitted by law to pay as damages because of "bodily injury" or "property damage" to which this "accident" the or jurisdiction where the business insurance applies, caused by an "accident" occurs; which occurs outside of the United States of (c) Auto liability insurance limits of at least America, the territories and possessions of $300,000 combined single limit or the United States of America, Puerto Rico $100,000 per person/$300,000 per acci- and Canada resulting from the maintenance, dent Bodily Injury, $100,000 Property or use of any covered "auto" of the private Damage. passenger type you lease, hire, rent or If you fail to comply with the above, this borrow without a driver for thirty(30) days or insurance is not invalidated. However, in the less. event of a "loss", we will pay only to the (2) With respect to any claim made or "suit" extent that we would have been liable had instituted outside the United States of you so complied. America, the territories and possessions of (5) The insurance provided by this coverage the United States of America, Puerto Rico, extension is excess over any other and Canada: collectible insurance available to you (a) You shall undertake the investigation, whether on a primary, excess contingent or settlement and defense of such claims any other basis. and "suits" and keep us advised of all M. Temporary Transportation Expenses proceedings and actions. (b) You will not make any settlement SECTION III — PHYSICAL DAMAGE COVERAGE, without our consent. A.4. Coverage Extensions, subparagraph a. Transportation Expenses is deleted and replaced (c) We will reimburse you: by the following: (i) For the amount of damages be- a. Transportation Expenses cause of liability imposed upon you (1) We will pay up to a maximum of $1,500 for by law on account of "bodily" injury" temporary transportation expense incurred or "property damage" to which this by you because of Physical Damage to a insurance applies, and coverage"auto". (ii) For all reasonable expenses incur- (2) We will pay only for those covered "autos" red with our consent in connection for which you carry Comprehensive, with the investigation, settlement or Collision or Specified Case of Loss defense of such claims or "suits". Coverage. Reimbursement for expenses will be part of the Limit of Insurance for (3) We will pay only for those expenses incurred liability coverage shown in the Busi- by you during the period of time that begins ness Auto Coverage Declarations, twenty-four (24) hours after the covered and not in addition to such limits. "loss" and ends at the time when the (3) The limit of Insurance for Liability Coverage covered "auto" can be reasonable repaired shown in the Business Auto Coverage or replaced. Declarations is the most we will reimburse (4) This coverage does not apply while there you for the sum of all damages imposed on are spare or reserve "autos" available to you you, as set forth in paragraph 2.c. above, for your operations. and all expenses incurred by you arising out N. Amended Bodily Injury Definition — Mental of any single"accident" or"loss". Anguish (4) You must maintain the greater of the The following is added to SECTION V — following primary auto liability insurance limits: DEFINITIONS, Definition C.: (a) Compulsory admitted insurance with "Bodily injury" also includes mental anguish, but only limits required to be in force to satisfy when the mental anguish arises from other bodily the legal requirements of the jurisdiction injury, sickness or disease. where the accident occurs; or PPA 300WA 03 13 Page 4 of 5 O. Airbag Coverage (1) How, when and where the "accident" or The following is added to SECTION III — PHYSICAL "loss"occurred; DAMAGE COVERAGE B. Exclusions 3.a.: (2) The"insured's" name and address; and However, this exclusion will not apply to accidental (3) To the extent possible, the names and discharge of an airbag due to mechanical or addresses of any injured person and electrical breakdown. witnesses. P. Amended Insured Contract Definition — Railroad Your duty to give us or our authorized Easement representative prompt notice of the "accident" or SECTION V — DEFINITIONS paragraph H. "Insured "loss" applies only when the "accident" or "loss" contact" is modified as follows: is known to: (1) You, if you are an individual; 1. Paragraph H.3. is replaced by the following: 3. Any easement or license agreement. (2) A partner if you are a partnership; or 2. Paragraph H.6.a. is deleted. (3) An executive officer or insurance manager, if you are a corporation. S. Unintentional Errors Or Omissions Q. Coverage Extensions — Audio, Visual And Data SECTION IV— BUSINESS AUTO CONDITIONS, B. Electronic Equipment Not Designed Solely For General Conditions; 2. Concealment Misrepre- The Production Of Sound sentation Or Fraud is amended by adding the SECTION III — PHYSICAL DAMAGE COVERAGE following: B. Exclusions, exception paragraph a. to exclusion The unintentional omission of, or unintentional error 4.c. and 4.d. is deleted and replaced with the in, any information given by you shall not prejudice following: your rights under this insurance. However this pro- a. Equipment and accessories used with such vision does not affect our right to collect additional equipment, except for tapes, records, discs or premium or exercise our right of cancellation or other electronic media device, provided such nonrenewal. equipment is permanently installed in the T. Towing Coverage covered "auto" at the time of the "loss" or is removable from the housing unit which is SECTION III — PHYSICAL DAMAGE COVERAGE, permanently installed in the covered "auto" at A.2. Towing, is deleted and replaced by the the time of the "loss", and such equipment is following: designed to be solely operated by use of the 2. We will pay up to $750 for towing and labor power from the "autos" electrical system, in or costs incurred each time a covered "auto" is upon the covered "autos"; or disabled due to a covered cause of loss. R. Notice Of An Knowledge Of Occurrence However: SECTION IV — BUSINESS AUTO CONDITIONS, a. All labor must be performed at the place of A.2. Duties In The Event Of Accident, Claim Suit disablement; and Or Loss, subparagraph a. is deleted and replaced with the following: b. If the covered auto is a private passenger type no deductible applies; and a. In the event of "accident", claim, "suit" or "loss", c. If the covered auto is not of the private you must give us or our authorized passenger type our obligation to pay will be representative prompt notice of the "accident" or reduced by a $250 deductible per "loss" including: disablement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. PPA 300WA 03 13 Page 5 of 5