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24-056.00ParametrixWellesleyAvePreservationSurveying Contract No.24-056 AGREEMENT FOR PROFESSIONAL SERVICES Parametrix,Inc.—Surveying Services Wellesley Ave.Preservation THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and Parametrix, 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 1 of 8 Contract No.24-056 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 a flat fee of$48,200.00, (which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit A. 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: Marci Patterson,City Clerk Name: Parametrix, Inc. Phone: (509)720-5000 Phone: (509)328-3371 Address: 10210 East Sprague Avenue Address: 835 N. Post, Ste. 201 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; Agreement for Professional Services(with professional liability coverage) Page 2 of 8 Contract No.24-056 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph(A)(2)of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions(federal,state,or local)terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood and agreed that Consultant shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved, and that the 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 Agreement for Professional Services(with professional liability coverage) Page 3 of 8 Contract No.24-056 additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO 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 A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Agreement for Professional Services(with professional liability coverage) Page 4 of 8 Contract No. 24-056 Consultant shall furnish the City with original certificates and a copy of the amendatory 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, indemnify, and hold harmless City and its officers, and employees, from any and all 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. Agreement for Professional Services(with professional liability coverage) Page 5 of 8 Contract No.24-056 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified,or altered except in writing signed by the Parties hereto. 20.Anti-kickback. No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted,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.24-056 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.24-056 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 and Fee proposal B. Insurance Certificates The Parties have executed this Agreement this / day of /1"14-e. // , 20 2 CITY OF SPOKANE VALLEY Consultant: John Hohman, City Manager By: K.J. Hanley, Op tions Manager Its: Authorized Representative APPR6V D A TO FORM: Offi the ity Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 8 Exhibit A Parametrix March 4,2024 let's create tomorrow,together Parametrix No. not assigned Kristen Armstrong, P.E. City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 Re: 0353-Wellesley Ave Sullivan to Flora/Trent Survey Proposal Dear Kristen: Thank you for considering Parametrix for your surveying needs. Following are a scope of services and cost estimate to provide surveying and mapping services for a Right of Way and Topographic Survey of your project. Based on Survey Request Packet 011623 provided, the following is our understanding of the scope and effort requirements for this project: Scope Parametrix will provide the following professional services: Task 01: Right of Way Survey and Topographic Mapping Parametrix will retrace the rights of way of E Wellesley Ave and N Flora Rd between N Sullivan Rd and E Trent Ave, including the rights of way of all intersecting streets, in Spokane Valley,WA. Parametrix will perform the right of way survey based on recorded plats and title reports supplied by the City. Parametrix will perform additional Spokane County records research for evidence of previous surveys, perform control measurements, and locate all monuments and evidence of occupation near the right of way lines within the Project Limits, as shown in the attached Survey Request. The right of way survey will also include all easements shown on record documents or revealed by title reports. In addition, Parametrix will perform a topographic survey of the rights of way described above with survey coverage sufficient to comply with attached Survey Request and applicable Minimum Requirements for Topographic Survey. The topographic mapping shall extend 100 feet each side of centerline on undeveloped properties and 15 feet past right of way on developed properties(subject to right of entry),will extend to garages at each driveway approach, and will include all adjacent building corners and door threshold elevations.Street mapping on all intersection streets will extend 200 feet beyond the centerline intersections. Storm and sanitary structures to be located shall include one structure upstream and downstream of the Project Limits. Contours will be at 1-foot intervals and based on the NAVD 88 vertical datum. 835 North Post,Suite 201 • Spokane,WA 99201 1509.328.3371 I Parametrix.com Kristen Armstrong,P.E. March 4,2024 Page 2 Topographic Elements Topographic elements consist of information shown on a map which depicts the horizontal and vertical positions of natural and/or fabricated features and existing terrain surfaces. The topographic mapping will include evidence of, including but not limited to,the following improvements: • Adjacent building corners • Storm drainage and • Meters or utility connects • Curbs storm drain structures to existing buildings (if • Sidewalks/paths • Sanitary sewer visible from right of way) manholes and/or septic • Water valve boxes • Driveways/curb cuts tank/drain field areas • Fire hydrants • Pavement delineation as identified to our field between concrete and survey crew by the • Irrigation control asphalt Client vales/vaults • Retaining walls, bulkheads, • Electrical power vaults • Telephone pedestals and fences—materials and and associated surface • Signage heights features • Ponds • Underground utility • Overhead wires, guy location paint marks wires • Street lighting coordinated through the • Natural gas valves • Significant trees with drip Washington Utility lines(8 inches or larger) as • Cable or fiber optic Notification Center measured 4.5 feet above pedestals the ground Assumptions This proposal is based on the following assumptions and/or receiving the following site-specific information. • Parametrix will be provided current title reports, including all referenced documents,for all non-platted properties prior to commencement of work. • Right of Entry to all properties within the Project Limits will be coordinated by the City. • Parametrix will be provided reasonable access to all areas requiring surveys. • For safety reasons,our survey crews are not allowed to enter subsurface vaults. Our work will be conducted from the surface, using measure-down techniques. Crews will also not open any structure covers in excess of 80 pounds. • All electronic mapping standards will be based on Parametrix drafting standards, which are based on National CAD Standards. • Parametrix field crews may need to perform minor brushing with project rights of way to conduct this survey and has City's permission to do so. • Parametrix has not accounted for the cost of an independent utility-locating service to identify the location of existing underground utilities. Locates will be requested via the Kristen Armstrong,P.E. March 4,2024 Page 3 Washington Utility Notification Center's Design Information/Locate Request system, which takes a minimum of 3 weeks from initial request to locates marked on the ground. • The setting of any survey monuments has not been included in this proposal.The right of way lines, adjacent property lines, and easements will be merged into the topographic mapping and shown for graphical purposes only. • Unless otherwise specified by the client, horizontal datum shall be North American Datum (NAD) 83/11, Washington Coordinate System, North Zone, and vertical datum shall be North American Vertical Datum of 1988(NAVD 88). Units shall be US Survey Feet. • Parametrix surveyors are not arborists but will do their best to identify trees by their common names. Deliverables At completion of our work on this project, Parametrix will provide: • One 24"x 36" PDF copy of the survey map, stamped and signed by a Professional Land Survey in the State of Washington, at the completion of the survey project. Multiple sheets will likely be required. • An electronic drawing file of the Boundary and Topographic Survey in AutoCAD Civil 3D 2018 format in one drawing file. The file may be delivered in stages with Phase 1 (Sunnyvale Road to Trent Avenue) being delivered prior to the completion of Phase 2 (Sullivan Road to Sunnyvale Road). • Point(ascii)text files in PNEVD comma-separated values (CSV)format. • PDF copies of all survey field notes. Fee The described scope of services will be completed on a fixed-fee basis in the amount(s) shown below. Task 01: Right of Way Survey and Topographic Mapping $48,200.00 Project Total(including expenses) $48,200.00 Schedule Parametrix shall commence the field survey 3 weeks from notice to proceed (in order to allow time for underground utility locates). Delivery of Phase 1(Sunnyvale Road to Trent Avenue) base map: 7 weeks from notice to proceed. Delivery of Phase 2 (Sullivan Road to Sunnyvale Road) base map and all final deliverables shall be on a mutually agreed upon date later in the spring of 2024. Kristen Armstrong,P.E. March 4,2024 Page 4 The entire scope of service includes the work described in this letter and the attached Survey Request,which is incorporated herein by reference. If there is a conflict of terms between the scope in the letter and the scope in the Survey Request,the Valley's Survey Request scope will prevail unless otherwise authorized by the Valley. If you have any questions or need additional information, please call me at(509) 822-5833 or email me at jmacleod@parametrix.com. Sincerely, Jason MacLeod, PLS Surveying Supervisor Survey Request The City of Spokane Valley is improving Wellesley Avenue& Flora Road from Sullivan Road to Trent Avenue (approximately 6,600 lineal feet). The proposed improvements will include grind &overlay,several intersections,driveway approaches,ADA ramps,sidewalk replacement, road widening, and storm water management facilities. The project will be completed in two phases. Phase 1:Sunnyvale Road to Trent Avenue.The city would require this portion of the survey as soon as possible.This phase to be constructed in the spring-summer 2024. Improvements to this phase include sidewalk replacement from Larch to Trent and widening the road 10 feet on the north and east sides. Phase 2:Sullivan Road to Sunnyvale Road.This portion of the survey can be performed later this spring. This phase to be designed this summer for construction in 2025. The Scope of services consist of providing the required staff, equipment and calculations to complete the following task. • Research and locate all property corners adjacent to the project limits and along the right of way. o The City will provide title reports for the necessary adjacent properties. • Establish right of way along the entire limits of the project and at intersecting streets. • All location of building corners including homes and garage doors fronting on Wellesley Avenue& Flora Road and intersecting streets within the project limits. • See attached Minimum Requirements for Topographic Survey and survey limits exhibit for additional requirements. • Provide beginning and ends of landscape hedgerows,edge of landscape islands,ground cover type and irrigation valve boxes/vaults. • The survey grid shall be reduced,within all intersections,to 25 feet and at all driveway approaches the grid shall be reduced to 10 feet. Below is a general list of minimum requirements for topographic survey and a map of project limits. Minimum Requirements for Topographic Survey General: The surveyor shall do all work necessary to accurately determine the physical conditions existing on the proposed site. This site survey shall be prepared in accordance with current accepted principles for surveying in a professional and workmanlike manner. The survey shall be performed by a land surveyor registered in the state of Washington or under his/her direct supervision. Datum: Elevations shall be referenced to any convenient and permanent benchmark located near the subject property. This benchmark shall be based on NAD83 (Horizontal)and NAVD88(Vertical) datum and shall reflect the actual vertical elevation of that point. The datum source and benchmark's descriptions and elevations shall be listed on the survey along with any other set or existing control points on or near the site. Deliverables: 1. The survey shall be provided in AutoCAD Civil 3D format with the lowest acceptable version being 2014. 2. The AutoCAD Civil 3D units shall be "US Survey Feet". 3. The survey shall include an existing grade(EG)surface with contours. 4. The Civil 3D file shall include the existing grade (EG)TIN/surface model and contours that can be exported as a Landxml file. 5. All site data shall be placed on separate layers pertaining to only that specific category of data. 6. Provide a stamped and signed PDF copy of the survey upon final completion in a 24"x 36" format. Multiple sheets may be required. 7. Provide a point(ascii)text file, PNEVD comma delineated. 8. Deviations from the requirements listed below must be approved by Spokane Valley Engineering Department prior to submittal of the proposal. 9. Survey field notes shall be provided. Information Required: 1. Positions of buildings and other structures to foundations, Indicate all floor elevations at exterior doors for buildings. 2. Locate all site construction,including walls,fences, roads,drives,curbs,steps,walks (including expansion joints within 15 feet each side of all ADA ramps),trails, paved areas,etc. Indicate types of material or surfacing. 3. All data necessary to indicate the mathematical dimensions and relationships of the boundary represented with bearings and distances and the length, radius, and angle of each curve. 4. Both record and measured bearings and angles or distances will be indicated, if different. 5. Section lines, right-of-way and parcel lines adjacent to the limits shall be shown. Names of streets, private roads and alleys adjacent to the survey limits shall be shown. 07/22/2020 P:\Public Works\01 Administration\FORMS\05 Consultant Forms\Contracts&Agreements\Word Templates\Minimum Requirements for Topo.docx 6. All evidence of monuments found or placed shall be shown. 7. All easements shown on record documents and/or by observable evidence shall be shown. 8. Character and location of walls, building,fences,visible utility structures,or other visible improvements within 25-feet of the survey boundary if possible. 9. Locate type,size,and flow direction of storm and sanitary sewers on or contiguous to the tract, including rim and pipe invert elevations for all manholes, catch basins,cleanouts,drainage fields and other drainage structures. 10. Locate type, elevation and size of all water and gas lines, including meter boxes,valves, hydrants and other appurtenances, including ownership. 11. Locate utility poles, power and phone lines,transformers, risers and vaults, etc., including purveyor/owner. 12. For utilities not traversing the site,show the nearest off-site leads,giving all pertinent information on types,sizes, inverts and purveyor/owner. 13. Note:Surveyor is responsible for coordinating all utility locates. 14. Locate water bodies,streams, springs,swamps, boggy areas and irrigation or drainage ditches. Where applicable indicate mean high water mark and maximum flood elevation. 15. Locate natural site features including rock outcrops,vegetation types and tree locations. Identify the individual tree locations for trees over 8"diameter at 4.5' above the ground. Tree groupings may be outlined if tree density and proximity to proposed improvements allow. Coordinate with the City's Project Engineer as needed. Identify tree species by common names. 16. Road elevations shall be taken and shown at 50' intervals and at high and low points along the centerlines,flow line of gutter, and top and bottom of curbs. Pertinent grades of abutting street and road intersections shall also be indicated. 17. Ground surface elevations shall be taken and shown on a 50-foot grid (25-feet at all intersections),as well as at the top and bottom of all breaks in grade,whether walls or slopes. The grid shall be reduced to 10 feet,and include the beginning and end of each driveway approach, along the right-of-way line. 18. Provide contour lines which accurately reflect ground surface conditions, including wall and curb grades. The contour lines shall be shown in 1 foot intervals. Wider intervals may be allowed where topographic conditions warrant and approval is given by the City's Project Engineer. All elevations on hardscapes shall be to the nearest 0.01 ft. and other surfaces shall be 0.10 ft. Note:Some of these items may not apply to the survey being requested. 07/22/2020 P:\Public Works\01 Administration\FORMS\05 Consultant Forms\Contracts&Agreements\Word Templates\Minimum Requirements for Topo.docx Additional Limits: PROJECT LIMITS -100' each side of centerline on undeveloped property -To garages at each driveway N Flora Rd eve N Flora Rd N Flora Rd N Flora Rd t.1 approach -15' past ROW on all developed W End north side of properties ® Trent Ave o� (north lane edge) Undeveloped properties w - i. 200' each side of the intersection o w �• 200' each side of E. NSunnyvale Dr o,y To the intersection - W c► a N C.• lin Rd ® N Conklin Rd Li 4 200' to south of - intersection t., 3 N LIIII -d N Lillian u rpve a' x 200' to south of interjection 200' each side of ¢, N Lar..- •. N Larch Rd the intersection �- d +- Rd N -,hart Rd - c .c c Q i S W g W W Q 200' each side of the intersection o a' ore Rd i w - ` w Pd., W N - 3 a t 2 w II Q w ��t,> 6 200' to south of intersection N Tod ' �w End 50' east of Sullivan Rd Sullivan Rd Exhibit B AWRD® CERTIFICATE OF LIABILITY INSURANCE I LTA"( NTT) 3/7/2024 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 NAME: Jennifer Aguirre AssuredPartners Design Professionals Insurance Services, LLC PHONE H No.Ext): (510)465-3090 FAX 3697 3697 Mt. Diablo Blvd Suite 230 E-MAIL Lafayette CA 94549 ADDRESS: DesignProCerts@AssuredPartners.com INSURER(S)AFFORDING COVERAGE NAIC# License#:6003745 INSURER A:Valley Forge Insurance Company 20508 INSURED PARAINC-01 INSURER B:Continental Insurance Company 35289 1m t X,39th Ave.. SE Suite 100 INSURER C:XL Specialty Insurance Company 37885 1019 Puyallup,WA 98374 INSURER D:National Fire Insurance of Hartford 20478 (253)604-6600 INSURER E:Transportation Insurance Company 20494 INSURER F: COVERAGES CERTIFICATE NUMBER:1251766528 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER ,(MM/DD/YYYY) (MM/DD/YYYY) D X COMMERCIAL GENERAL LIABILITY Y Y 6050531366 11/1/2023 11/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE D CLAIMS-MADE X OCCUR PREMISESO(EaENTE occu occurrence) $1,000,000 X Contractual Liab MED EXP(Any one person) $10,000 X XCU Included PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY X LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: WA Stop Gap/EL WA Stop Gap $1,000,000 B AUTOMOBILE LIABILITY Y Y 6050531352 11/1/2023 11/1/2024 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 6050531433 11/1/2023 11/1/2024 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED X RETENTION$n $ A WORKERS COMPENSATION Y 6050531383 11/1/2023 11/1/2024 X E AND EMPLOYERS'LIABILITY Y/N 6050531402 11/1/2023 11/1/2024 STATUTE ER WA STOP GAP ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Profesional Liability DPR5020288 11/1/2023 11/1/2024 Per Claim $2,000,000 Claims Made Annual Aggregate $2,000,000 Pollution Liability Included Y Retroactive Date 01/01/1969 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Project Name: 0353—Wellesley Ave Sullivan to Flora/Trent Survey/Spokane Valley,WA -- City of Spokane Valley,their officers,employees,and agents are named as Additional Insured on General Liability and Auto Liability,per policy forms,with respect to the operations of the Named Insured as required by written contract. General 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: Candice Powers-Henderson 10210 East Sprague Avenue AUTHORIZED REPRESENTATIVE Spokane Valley WA 99206 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1. the written contract requires you to provide the additional insured such coverage;and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. additional insured coverage with"arising out of"language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. zin III. Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: gA. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract. $ IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage,or personal and advertising injury arising out of: A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: = 1. the preparing,approving,or failing to prepare or approve maps,shop drawings, opinions,reports, surveys, field orders,change orders or drawings and specifications;and 2. supervisory, inspection,architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. EEE V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 6050531366 Page 1 of 2 Endorsement No: 15 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6050531366 Page 2 of 2 Endorsement No: 15 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, § and expires concurrently with said Policy. 18 0 O E CNA75008XX(10-16) Policy No: 6050531366 Page 1 of 1 Endorsement No: 17 Nat'l Fire Ins Co of Hartford Insured Name: PARAMETRIX, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement ICONTRACTORS EXTENDED` OV A E ENDORSEMENT i BUSINESS U PLUS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No: CNA63359XX (04-2012) Policy No: 6050531352 Page: 1 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 °Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04-2012) Policy No: 6050531352 Page: 2 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 m Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). III. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX (04-2012) Policy No:6050531352 Page: 3 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago, IL 60606 ©Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No: CNA63359XX 104-2012) Policy No: 6050531352 Page:4 of 4 Policy Effective Date: 11/01/2023 Underwriting Company: The Continental Insurance Company, 151 N Franklin St, Chicago, IL 60606 Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office, Inc., used with its permission. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement IWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Policy No:6 50531402 Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Chicago, IL 60604 Copyright 1983 National Council on Compensation Insurance. CNA Workers Compensation And Employers Liability Insurance Policy Endorsement k , r ANC i'AIVER OF OURwRtGHT� cavEI °. Ro. OTHERS S . =- -! This endorsement changes the policy to which it is attached. It is agreed that Part One - Workers' Compensation Insurance G. Recovery From Others and Part Two - Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE - Refer to the Schedule of Operations The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2%. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: G-19160-B 111-1997) Policy No:WC 6 50531383 Policy Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 2; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 ®Copyright CNA All Rights Reserved.