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23-156.00 AHBLContract No. 23-156 AGREEMENT FOR PROFESSIONAL SERVICES AHBL, Inc. -Engineering Services Sprague Avenue Stormwater Improvements THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and AHBL, Inc., hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services, and material to satisfactorily complete the Scope of Services, attached as Exhibit A. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule, and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work, and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill, and resources necessary to perform the work and is familiar with all current laws, rules, and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient for the timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City -furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall complete its work by December 31, 2024, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services (with professional liability coverage) Page I of 8 Contract No. 23-156 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 $ 192,540.00 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: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Erick Fitzpatrick, PE Phone 509-252-5019 Address: 601 W Main, Suite 305 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 Responsibilitv Matters — Prima 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. 23-156 governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the 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 Scone 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 0001. 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. 23-156 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 funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than AXII. 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. 23-156 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. 23-156 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' 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. 23-156 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 III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- Agreement for Professional Services (with professional liability coverage) Page 7 of 8 Contract No. 23-156 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Insurance Certificates The Parties have executed this Agreement this CITY OF SPOKANE VALLEY Hohman, City Manager APPROVED AS TO FORM: eic the City Attorney 1 7'-'* day of , 2023. Consultant: AHBL, Inc By: Erick Fltzpatrick Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 EXHIBIT A Scope of Work Sprague Avenue Stormwater Improvements AHBL No. 2230347.10/.40/.50 August 10, 2023 The City of Spokane Valley (City) is proposing capital improvements for Sprague Avenue from University Road to Herald Road. The project is proposed for construction in 2024. Anticipated Schedule Spra_gue (University - Herald) The design for the section from University to Herald includes a Pedestrian Hybrid Beacon crossing from City Hall to Balfour Park. The roadway section will be revised from a five -lane section down to a three - lane section. Roadside stormwater management facilities, including overflow conveyance systems to existing UICs, will be added along both sides of the roadway and existing approaches will be connected to the travel way. The existing travel lanes' asphalt not impacted by the project will remain in place. The proposed project length is approximately 2,000 linear feet of roadway, not including intersections. This scope is for design to update both existing curb lines, add landscaped stormwater management swales and overflow conveyance systems, transit improvements, and potentially luminaires. Roadway signage and channelization will be updated to match the proposed traffic configuration. Bicycle lanes will be maintained for the corridor and a transit stop location will be coordinated with STA. Accommodating the lane reduction will require street and signal modifications at the Sprague/University intersection. These are anticipated to include signal cabinet replacement, signal head and phasing modifications, relocate/install pedestrian pushbutton poles for ADA compliance, and upgrade pushbuttons for the Audible Pedestrian System (APS). The City shall be responsible for the following: • The City will provide necessary traffic analysis for the three- and four -lane road sections. • The City will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights -of -way, and access necessary for AHBL, Inc. (Consultant) services. • Identified project deliverables shall be submitted to the City's Project Manager. The City's Project Manager will coordinate distribution of submitted materials to City staff. Unless otherwise noted, deliverables will be one electronic copy (via Bluebeam Studio session) and one hard copy. The City is responsible for additional reprographics and distribution of the deliverables. Exhibit A — Scope of Work August 10, 2023 Sprague Avenue Stormwater Improvements Page 1 of 6 AHBL No. 2230347.10/.40/.50 • The City will prepare the Environmental Permitting documentation including SEPA, Grading Permit, and other required permits. • Construction inspection, administration, and verification. • In providing opinions of cost, Consultant has no control over cost or price of labor and materials, unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs, competitive bidding procedures and market conditions, time or quality of performance by operating personnel or third parties, and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, Consultant makes no warranty that the City's actual project costs will not vary from Consultant's opinions, analyses, projections, or estimates. This contract will include the following tasks: Task 1: Spra_gue (University - Herald) Construction Documents Task 1A: Project Management and Administration The Consultant will communicate with the City on a regular basis. We assume the project design duration will be four months. A Work Plan Schedule will be prepared listing each task and dates for deliverables. Monthly progress reports shall be submitted describing the work completed, work in progress, anticipated project needs, and any other pertinent information. Task 1 B: Right -of -Way, Utility, and Topographic Survey Verification Objective The objectives of this task are to update the provided topographic survey to be used as the design basis for construction documents and the basis for quantity takeoffs and cost estimating. Sub -Tasks A. Locate section and/or control monuments from previous survey. B. Obtain utility information from public sources to supplement field data. C. Conduct field survey of additional needs identified during the design of Sprague Avenue. The limits of additional information that may be required are not known at this time. This task is an estimate for needs discovered during the design completion. D. Incorporate additional survey data into survey base map. E. Conduct one drywell flow test to ensure functionality. F. Potholing of utility corridors to verify proposed swale locations. This proposal includes one day of vacuum potholing, which is estimated to be five to six locations. Deliverables 1. Updated topographic survey incorporated into the survey base map. 2. Drywell flow test results. Exhibit A — Scope of Work August 10, 2023 AHBL No. 2230347.10/.40/.50 Page 2 of 6 AHBL No. 2230347.10/.40/.50 Task 1 C: 60% Design Plans, Specifications, and Estimate Objective The objectives of this task are to incorporate the City's 30% Design documents, further develop the design, and prepare the 60% Plans, Specifications, and Engineers Estimate for submittal to the City. Sub -Tasks A. Meet with the City's Project Manager and review City comments on the existing design concept. B. Prepare 60% plans incorporating City comments and further progressing the design, including the following: 1) Cover sheet. 2) Temporary erosion and sedimentation control (TESC) plan and demolition plan. 3) Surfacing plan for stormwater improvements, driveways, and grind and overlay. 4) Stormwater/road plan and profile for new curbs' horizontal and vertical profiles. 5) Channelization plan. 6) Construction phasing plan. 7) Pedestrian Hybrid Beacon Traffic Signal Plans and Details, Balfour - City Hall. 8) Traffic Signal Modification Plans — Sprague/University signal including signal cabinet replacement, signal head and phasing modifications (add flashing yellow arrow for northbound, add left -turn phase for WB, add NB right -turn overlap phase), relocate/install pedestrian pushbutton poles for ADA compliance, upgrade pushbuttons for Audible Pedestrian System (APS). 9) Data conduit crossing to Balfour Park. 10) Street lighting plans, including luminaire pole locations, foundations, conduit, wiring, junction boxes, and service cabinets. 11) Planting and irrigation plans with a materials list and main components identified. 12) Landscape details, sections, and notes. 13) Stormwater Swale details. 14) Grind and overlay details. 15) Signal modification details. 16) Street lighting details. 17) Traffic Control Plans. C. Update the Bid Item List, Summary of Quantities, and Engineers Estimate based on the 60% Design Plans. Exhibit A — Scope of Work August 10, 2023 AHBL No. 2230347.10/.40/.50 Page 3 of 6 AHBL No. 2230347.10/.40/.50 D. Prepare 60% Contract Provisions, including the City's furnished General Conditions and Division 1 provisions. The Consultant will prepare project -specific Special Provisions, as needed. Deliverables 1. 60% Design Plans. 2. 60% Engineers Estimate and Bid Item List. 3. 60% Contract Provisions, including WSDOT/APWA Amendments, General Conditions, and Special Provisions. Task 1 D: 90% and Bid Ready (100%) Design Plans, Specifications, and Estimate Objective The objectives of this task are to incorporate the City's comments on the 60% Design, complete all analyses and details, and prepare the 90% and the Bid Ready (100%) Plans, Specifications, and Engineers Estimate for submittal to the City. Only minor revisions are anticipated for the Bid Ready (100%) Plans, Specifications, and Estimate. Sub -Tasks A. Meet with the City's Project Manager to review City comments. B. Attend an informational meeting for the public. Consultant will lead the meeting and prepare presentation materials, with the City providing support. A website soliciting input will be provided by the City. Consultant will provide a summary report of the input received. C. Prepare 90% and Bid Ready (100%) Contract Provisions, including the City's General Conditions and recent Amendments to the State Specifications. The Consultant will prepare project -specific Special Provisions, as needed. D. Revise the Plans, Specifications, and Estimate to address and incorporate City comments on the 60% Submittal and prepare the 90% and Bid Ready (100%) Contract Documents. Deliverables 1. Public Meeting Presentation Materials. 2. Summary of Public Informational Meeting. 3. 90% and Bid Ready (100%) Design Plans. 4. 90% and Bid Ready (100%) Engineers Estimate and Bid Item List. 5. 90% and Bid Ready (100%) Contract Provisions, including the City's furnished General Conditions and Division 1 provisions, and Special Provisions. Task 1 E: Construction Design Services Objective The objectives of this task are to support the City in administering construction. City construction management staff will lead the process, with Consultant providing support. Exhibit A — Scope of Work August 10, 2023 AHBL No. 2230347.10/.40/.50 Page 4 of 6 AHBL No. 2230347.10/.40/.50 Sub -Tasks A. Attend weekly meetings with City and contractor. B. Respond to questions from contractor and document plan revisions. C. Prepare record drawings based on design revisions and contractor markups. An as -built survey is not included in this scope. Deliverables 1. Engineer's supplemental instructions. 2. Record drawings. Task 2: Manaaement Reserve Fund Objective The objective of this task is to provide a contingency fund that may be used for unanticipated engineering work or for geotechnical and environmental investigations. If additional fieldwork is necessary to evaluate soils, perform additional engineering analysis and design, prepare permit applications, or prepare banner design, a separate scope and fee estimate will be prepared by the Consultant for review and approval by the City Project Manager. The following are examples of potential studies and/or applications that may be included under a separate scope under this task: A. Design of City "entry" monuments. B. Permit applications. C. Department of Ecology grant assistance. D. Additional renderings/exhibits. E. Design of illustrative graphics for the printing of banners or monument signs. F. Decorative streetlights with banner and flowerpot holders. G. Selection and placement of amenities (benches, garbage receptacles, tree grates, etc.). H. Irrigation design for non -surface plantings, such as flowerpots or hanging baskets. I. Revised electrical service for streetlight circuit. Deliverables To be determined. Exhibit A — Scope of Work August 10, 2023 AHBL No. 2230347.10/.40/.50 Page 5 of 6 AHBL No. 2230347.10/.40/.50 Billin_a Summary Projects will be billed on a time and expense basis, not to exceed the amounts shown below without prior authorization from the City. Tasks shown on the invoice will match the task numbers shown below. Attached is a detailed task hour breakdown estimate used to develop this fee. Description Sprague (University - Herald) Construction Documents Management Reserve Fund Total Q:\2023\2230347\Proposals_Contracts\Finals\20230808 Scope (ExA) 2230347.10.40.50.docx Task No. Amount T-1 $177,540 T-2 15,000 $192,540 Exhibit A — Scope of Work August 10, 2023 AHBL No. 2230347.10/.40/.50 Page 6 of 6 AHBL No. 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald EXHIBIT B Fee Proposal Summary AHBL No. 2230347.10/.40/.50 August 10, 2023 Lscp / Civil Survey Traffic Geotech Potholing UT Locate Reimb. Task 1A: Project Management and Administration $ 6,412 $ - $ 535 $ - $ - $ - $ - Task 1B: Right -of -Way, Utility and Topographic Survey Verification $ 2,237 $ 3,089 $ - $ - $ 2,675 $ - $ - Task 1C: 60% Design Plans, Specifications, and Estimate $ 42,309 $ 7,408 $ 36,401 $ - $ - $ - $ 250 Task 1D: 90%and Bid Ready (100%) Design Plans, Specifications, and Estimate $ 31,005 $ 9,960 $ 17,355 $ - $ - $ - $ - Task 1E: Construction Design Services $ 13,623 $ - $ 4,280 $ $ $ $ Task 1: Sprague (University to Herald) Construction Documents $ 95,586 $ 20,456 $ 58,572 $ $ 2,675 $ $ 250 1 $ 177,540 Task 2: Management Reserve Fund $ 15,000 GRAND TOTAL $192,540 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.30/.40/.50 Sprague Avenue Stormwater - University to Herald Task 1A: Project Management and Administration Project Setup - Filing g, Invoices ©------- Monthly Invoices & Progress Reports Project Meetings - 6 assumed @ 2 hours 'Virtual Meetings - 6 assumed @ I hour IIII©�------- Subtotal: 56,412 Subtotal: Expenses (Materials, Travel, Postage, etc.i Quantity Rate Cost Travel 0 $0.66 $0 Printing 0 $250.00 $0 $0 Subtotal $0 Subconsultants 7% Markup TENW $535 $0 $0 Expense Total: $535 TASK TOTAL BUDGET: $6,947 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald Task 1B: Right -of -Way, Utility and Topographic Survey Verification 111100�1111�©���® Locate monuments, calculate ROW Subtotal: S2,23/ SUM-1: >s,uax Expenses (Materials, Travel, Postage, Etc.) Quantity Rate Cost Tavel 0 $0.66 $0 Printing 0 $250.00 $0 $0 Subtotal $0 Subconsultants 7% Markup TENW $0 Budinger & Associates $0 Able Cleanup (Potholing) $2,675 Geophysiul Survey $0 Expense Total: $2,675 TASK TOTALBUDGET: $8,001 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No, 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald Task 1C: 60% Design Plans, Specifications, and Estimate aML STAFF OTHER STAFF Work Element EF 58 ET SIP HW CA KC MH AG $269 $169 $140 $119 $113 $166 $135 $102 $85 PR PM PE4 PE2 ET3 PR PM LA3 LA1 30% Review Meeting & Site Visit 6 6 60% Plans Cover 1 4 TESC & Demolition 2 4 5 5 Surfacing (3) 4 4 20 Plan and Profile 4 10 15 Channelization (3) 2 8 15 Construction Phasing (3) 1 4 5 Hybrid Pedestrian Beacon (TENW Sub below) Traffic Signal (TENW Sub below) Street Lighting (TENW Sub below) Planting & Irrigation Plans 5 24 16 20 Notes & Details (4) 4 15 20 20 Bid Quantity List and Estimate 4 10 10 Specifications & Contract Provisions 5 20 10 Quality Review 5 20 TOTALS: 37 101 0 91 39 5 24 16 20 TOTALS: $9,9561 $17,0831 $0 $10,843 $4,426 $830 $3,247 $1,639 $1,691 Subtotal: 542,309 Subtotal: S1,41J8 Expenses (Materials, Travel, Postage, Etc.) 7% Rate Cost Travel 0 $0.66 $0 Printing 1 $250.00 $250 $0 Subtotal $250 Subconsulants 7% Markup TENW $36,401 $0 $0 $0 Expense Total: $36,901 TASKTOTALBUDGET: $86,619 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald Task 1D: 90%and Bid Ready (100%) Design Plans, Specifications, and Estimate CIVIL STAFF OTHER STAFF Work Element EF Sig I ET SP I W CA KC MH AG $269 $169 $140 $119 $113 $166 $135 $102 $85 PR PM PE4 PE2 ET3 PR PM LA3 LA1 60% & 90% Review Meeting & Site Visit 4 6 6 Outreach Materials & Meeting 2 4 8 8 90% & Ad Ready Plans Cover 1 TESC & Demolition 2 2 2 Surfacing (3) 1 8 8 Plan and Profile 2 4 4 Channelization (3) 1 4 4 Construction Phasing (3) 2 4 Hybrid Pedestrian Beacon (TENW Sub below) Traffic Signal (TENW Sub below) Street Lighting (TENW Sub below) Planting & Irrigation Plans 8 18 35 7 Notes & Details (4) 1 5 8 8 Bid Quantity List and Estimate 2 5 5 Specifications & Contract Provisions 5 10 S. Quality Review 10 15 Bidding Assistance / Meetings 4 10 10 4 10 TOTALS: 32 75 0 51 32 12 28 351 7 TOTALS: $8,611 $12,6861 $0 $6,077 $3,632 $1,993 $3,789 $3,586 $592 Subtotal: 531,005 Subtotal: 59,960 Expenses (Materials, Travel, Postage, Etc.) 7% Rate Cost Travel 0 $0.66 $0 Printing 0 $250.00 $0 $0 Subtotal $0 Subconsultants 7% Markup TENW $17,355 $0 $0 $0 Expense Total: $17,355 TASK TOTAL BUDGET: $58,320 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald Task M Construction Design Services Work Element Imm�i�i©�mlmlm' Design questions field revisions (4hr week) ------- Subtotal: $13,623 Subtotal: Expenses (Materials, Travel, Postage, Etc.) 7% Rate cost Travel 0 $0.66 $0 Printing 0 $250.00 $0 $0 Subtotal $0 Subconsultants 7% Markup TENW $4,280 $0 $0 $0 Expense Total: $4,280 TASK TOTAL BUDGET: $17,903 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.10/.40/.50 Sprague Avenue Stormwater - University to Herald Task 2: Management Reserve Fund TASK2TOTALBUDGET(Contingency): $15,000 Sprague Avenue Stormwater August 8, 2023 University to Herald AHBL No. 2230347.10/.40/.50 EY CERTIFICATE OF LIABILITY INSURANCE ACoR DATDYYYY) 8/11/2 /11 /2023 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 AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd., Suite 230 Lafayette CA 94549 CONTACT NAME: Nancy Ferrick PHONE FAX A/C No Ext : 510-272-1400 A/C No): ADORess: nancy.ferrick@assuredpartners.com INSURERS AFFORDING COVERAGE NAIC# INSURER A: XL Specialty Insurance Company 37885 License#: 6003745 INSURED AHBLINC INSURER B : Travelers Property Casualty Company of America 25674 AHBL, Inc. 2215 North 30th Street, Suite 300 INSURERC: The Charter Oak Fire Insurance Company 25615 INSURER D : The Travelers Indemnity Company of Connecticut 25682 Tacoma WA 98403 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:173874518 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 LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD/Y LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y 680BJ59430A 9/11/2022 9/11/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE FxI OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JERT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ OTHER: C AUTOMOBILE LIABILITY Y Y BA8P56584A 9/11/2022 9/11/2023 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPER-YDAMAGE Per accident $ X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY $ B X UMBRELLALIAB X OCCUR Y Y CUP8J596642 9/11/2022 9/11/2023 EACH OCCURRENCE $10,000,000 AGGREGATE $ 10,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION $ 1 n non $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE 6808J59430A 9/11/2022 9/11/2023 PER X OTH- STATUTE ER WA St0 Gap E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? ❑ (Mandatory In NH) N / A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 I E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Professional Liability DPR5001724 9/11/2022 9/11/2023 $2,000,000 $4,000,000 per Claim Annual Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) RE: AHBL Project No. 2230347.10/.40/.50 / Sprague Stormwater Mullan to Herald, Spokane Valley, WA / Contract No. 23-156. The City of Spokane Valley is named as Additional Insured as respects to General Liability and Auto Liability per policy forms, as required per written contract or agreement. General and Auto Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day Notice of 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. Attn: Kristen Armstrong AUTHORIZED REPRESENTATIVE 10210 E. Sprague Avenue Spokane Valley, WA 99206 x a ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY POLICY NUMBER 6808.159430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Names of Additional Insured Person(s) or Organization(s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part, provided that such written contract was signed by you before, and is in effect when, the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. Location of Covered Operations: Any project to which a written contract with the Additional Insured Person(s) or Organization(s) in the Schedule applies. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage", "personal injury" or "advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring, or "personal injury" or "advertising injury" arising out of an offense committed, after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. CG D3 61 03 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved. Page 1 of 1 CG T8 01 XX XX Includes copyrighted material of Insurance Services Office, Inc. with its permission. DATE OF ISSUE: 09/11/2022 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: 6808J59430A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izati on (s): Any person or organization that you agree in a written contract to include as an additional insured on this Coverage Part for "bodily injury" or "property damage" included in the "products - completed operations hazard", provided that such contract was signed and executed by you before, and is in effect when, the bodily injury or property damage occurs. Location And Description Of Completed Operations Any project to which an applicable contract described in the Name of Additional Insured Person(s) or Organization(s) section of this Schedule applies. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional in- sured and included in the "products -completed opera- tions hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 CG T8 02 XX XX DATE OF ISSUE: 09/11/2022 Policy # 6808J59430A COMMERCIAL GENERAL LIABILITY c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of Insurance to the total applicable limits of Insurance of all insurers. a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We hate issued this policy in reliance upon your representations. The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect our right to collect additional premium or to exercise our rights of cancellation or nonrenewal in accordance with applicable insurance d. Primary And Non -Contributory Insurance If laws or regulations. Required By Written Contract —>j7, Separation Of Insureds If you specifically agree in a written contract or agreement that the insurance afforded to an insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this Insurance is primary to other insurance that is available to such insured which covers such insured as a named insured, and we will not share with that other insurance, provided that: (1) The "bodily injury' or "property damage" for which coverage is sought occurs; and (2) The "personal and advertising injury" for which coverage is sought is caused by an offense that is committed; subsequent to the signing of that contract or agreement by you. S. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to Impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V — DEFINITIONS 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding websites, only that part of a website that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. Page 16 of 21 ® 2017 The Travelers Indemnity Company. All rights reserved. CG T1 00 02 19 Includes copyrighted material of Insurance Services Office, Inc, with its permission. Policy # 8808J59430A occupational therapist or occupational therapy assistant, physical therapist or speech -language pathologist; or (b) First aid or "Good Samaritan services" by any of your "employees" or "volunteer workers", other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope of their employment by you or performing duties related to the conduct of your business. 3. The following replaces the last sentence of Paragraph S. of SECTION III — LIMITS OF INSURANCE: For the purposes of determining the applicable Each Occurrence Limit, all related acts or omissions committed in providing or failing to provide "incidental medical services", first aid or "Good Samaritan services" to any one person will be deemed to be one "occurrence". 4. The following exclusion is added to Paragraph 2., Exclusions, of SECTION I — COVERAGES — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY: Sale Of Pharmaceuticals "Bodily injury" or "property damage" arising out of the violation of a penal statute or ordinance relating to the sale of pharmaceuticals committed by, or with the knowledge or consent of the insured. 5. The following is added to the DEFINITIONS Section: "Incidental medical services" means: a. Medical, surgical, dental, laboratory, x- ray or nursing service or treatment, advice or instruction, or the related furnishing of food or beverages; or b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances. COMMERCIAL GENERAL LIABILITY that is available to any of your "employees" for "bodily injury" that arises out of providing or failing to provide "incidental medical services" to any person to the extent not subject to Paragraph 2.a.(1) of Section II — Who Is An Insured. K. MEDICAL PAYMENTS — INCREASED LIMIT The following replaces Paragraph 7. of SECTION III — LIMITS OF INSURANCE: 7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, and will be the higher of: a. $10,000; or b. The amount shown in the Declarations of this Coverage Part for Medical Expense Limit. L. AMENDMENT OF EXCESS INSURANCE CONDITION — PROFESSIONAL LIABILITY The following is added to Paragraph 4.b., Excess Insurance, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is Professional Liability or similar coverage, to the extent the loss is not subject to the professional services exclusion of Coverage A or Coverage B. M. BLANKET WAIVER OF SUBROGATION — WHEN REQUIRED BY WRITTEN CONTRACT OR AGREEMENT The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: If the insured has agreed in a written contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against such person or organization, but only for payments we make because of: 6. The following is added to Paragraph 4.b., a. "Bodily injury" or "property damage" that Excess Insurance, of SECTION IV — occurs; or COMMERCIAL GENERAL LIABILITY CONDITIONS: b. "Personal and advertising injury" caused by This insurance is excess over any valid and an offense that is committed; collectible other insurance, whether primary, subsequent to the signing of that contract or excess, contingent or on any other basis, agreement. CG D3 79 02 19 ® 2017 The Travelers Indemnity Company. All rights reserved. Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc. with Its permission. BA8P56584A COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED B. EMPLOYEE HIRED AUTO C. EMPLOYEES AS INSURED D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS E. TRAILERS — INCREASED LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT A. BLANKET ADDITIONAL INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. B. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — COW ERED AUTOS LIABILITY COVERAGE: H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT I. WAIVER OF DEDUCTIBLE — GLASS J. PERSONAL PROPERTY K. AIRBAGS L. AUTO LOAN LEASE GAP M. BLANKET WAIVER OF SUBROGATION performing duties related to the conduct of your business. 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II — COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 02 15 © 2015 The Travelers Indemnity company. All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION II — COVERED AUTOS LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered "autos" for Covered Autos Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto", then the Physical Damage Cover- age is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" to any one "auto" that you hire, rent or borrow is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss"; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". (3) If a repair or replacement results in better than like kind or quality, we will not pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver; or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph CA.b. of SECTION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL PROPERTY The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Property Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal property which is: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage only applies in the event of a total theft of your covered "auto". No deductibles apply to Personal Property cover- age. Page 2 of 3 © 2015 The Travelers Indemnity Company. All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to 'loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of 'loss" set forth in Paragraphs A.1.b. and A.l.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one 'loss". L. AUTO LOAN LEASE GAP The following is added to Paragraph AA., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto"; and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident' or 'loss", pro- vided that the "accident' or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 02 15 © 2015 The Travelers Indemnity Company. All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc. with its permission. A� 1 (z CERTIFICATE OF LIABILITY INSURANCE DATE(/ O6/05/2024 Y) 024 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 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 NAME: Parker, Smith & Feek Insurance, LLC. 2233 112th Avenue NE Bellevue, WA 98004 PHONE 425-709-3600 FAX 425-709-7460 Ext : A/C No E MAILo ADDRESS: INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Fire Ins. Hartford INSURED Ogden Murphy Wallace P.L.L.C. INSURER B : 701 5th Avenue Suite 5600 INSURER C: INSURER D: Seattle, WA 98104 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WV POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY B6021110700 06/01/2024 06/01/2025 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 1,000,000 MED EXP (Any one person) $ 10,000 CLAIMS -MADE � OCCUR PERSONAL & ADV INJURY $ 2,000,000 X Host Liquor GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 $ POLICY PRX LOC E OT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ $ L UMBRELLA LIAR OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- T RY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICERIMEMBER EXCLUDED? ❑ (Mandatory in NH) N / A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Client #13125. CFRTIFICATF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Spokane Valley AUTHORIZED REPRESENTATIVE 10210 E. Sprague Ave Spokane Valley, WA 99206 I I �ngyv VV © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD 3 of n.: THIS PAGE INTENTIONALLY LEFT BLANK „f (sARa- )