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09-175.00 Budinger and Associates: Discovery Playground Materials TestingAGREEMENT FOR PROFESSIONAL SERVICES Budinger and Associates Materials Testing and Sampling Services for the Discovery Playground Project #0086 SVPW Contract #09 -051 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter `City" and Budinger and Associates. IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Work to Be Performed The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services entitled Materials Testing and Sampling services — Discovery Playground, dated 8/11/2009, revised 9/24/2009. 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 Work, 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 Work, stop work and promptly cure any failure in performance under this agreement. B. Representations The City has relied upon the qualifications of the 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 Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. 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. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the 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. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Consultant on a time and materials basis, not to exceed $ 9,049.30 for materials testing and sampling services as described in attached `Unit Cost for Materials and testing services. Agreement for Professional Services — Page I of 5 Materials "resting and Sampling Services for the Discovery Playground Project #0086 0,09-175 4. Payment The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. Notice Notice shall be given in writing as follows: TO THE CITY Name: Christine Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONSULTANT Name: Budinger and Associates Phone Number: 509 -535 -8841 Address: 1 101 North Fancher Road Spokane Valley, WA 99212 6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the 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 the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the 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. 8. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. 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 the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance The 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 the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: Agreement for Professional Services— Page 2 of 5 Materials Testing and Sampling Services for the Discovery Playground Project #0086 I. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. 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 $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess ofthe Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement for Professional Services — Page 3 of 5 Materials Testing and Sampling Services for the Discovery Playground Project 40086 contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and /or self - insurance. 11. Indemnification and Hold Harmless The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. 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 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 purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 12. 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 ofthis agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or bylaw, 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 ofthe 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'. 13. Assignment and Delegation Neither party shall assign, transfer or delegate any or all of the responsibiI ities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. Agreement for Professional Services — Page 4 of 5 Materials Testing and Sampling Services for the Discovery Playground Projcct 90086 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti- kickback No officer or employee of the 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. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. 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. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of Services 2. Insurance Certificates IN WITNESS WHEREOF, the parties have executed this agreement this 4) 4E day of October , 2009. CITY OF SPOKANE V LLEY: David Mercier, City Manager Consultant: Kyl IS4fVrd, Construction Services Manager Tax ID No._ REDACTED ATTES hristine Bainbridge, City Clerk APPROVED AS TO FORM: o,,.. 7�>s -..;W Office cWthe CA orney This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services — Page 5 of 5 Materials Testing and Sampling Services for the Discovery Playground Project #0086 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback No officer or employee of the 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. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. 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. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of Services 2. Insurance Certificates T IN WITNESS WHEREOF, the parties have executed this agreement this d) gg )'L day of October 2009. CITY OF SPOKA V��LAALEEwY::''AA David Mercier, City Manager Consultant: Kyl . Sat f d, Construction Services Manager Tax ID No. ql - �[Vb4lyl ATTES pristine Bainbridge, City Clerk APPROVED AS TO FORM: Office cWthe Ci tomey Agreement for Professional Services — Page 5 01'5 Materials Testing and Sampling Services for the Discovery Playground Project 40086 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Unit Cost for Materials Testing & Sampling Services contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. cNer.fe. Rs1n1 RIInINGFR ACORD CERTIFICATE OF LIABILITY INSURANCE 9 "; 091DDNYYY) PRODUCER Payne Financial Group, Inc. Courtyard Office Center Y 827 W. First Avenue, Suite 225 Spokane, WA 99201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Budinger & Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 INSURERA: Continental Western POLICY EXPIRATION ATE M DD INSURER B' • INSURER C: GENERAL LIABILITY INSURER D: 08/06/09 INSURER E: EACH OCCURRENCE COVERAGES 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ATE M DD LIMITS • GENERAL LIABILITY CWP277729323 08/06/09 08/06110 EACH OCCURRENCE $1000000 DAMAGETO RENTED PREM s300,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 5 MED EXP(Any one person) $10000 PERSONAL B ADV INJURY $1 000000 GENERAL AGGREGATE s2,000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $2006000 POLICY a PR0. LOC • AUTOMOBILE X LIABILITY ANY AUTO CWP277729323 06106/09 08106/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per parson) $ ALL OWNED AUTOS SCHEDULED AUTOS X BODILY INJURY (Peraccident) $ HIRED AUTOS NON -OWNED AUTOS X PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY AGG EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ❑CIA1MS MADE AGGREGATE $ S DEDUCTIBLE 3 RETENTION $ WORKERS COMPENSATION AND CWP277729323 08/06109 08/06110 We STATU- OTH- E.L. EACH ACCIDENT $1.000,000 A EMPLOYERS' LIABILITY ANY PROPHIETOWPARTNEREXECUTIVE WA Stop Gap E.L. DISEASE - EA EMPLOYEE $1,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS bebw E.L. DISEASE - POLICY LIMIT S1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Spokane Valley, their agents, officers and employees are additional insured with regards to Discovery Playground project in Spokane Valley, Wa. City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spokane Valley, WA 99206 LD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL X99M]IIRXA MAIL Af)_ DAYS WRITTEN TO THE CERTIFICATE HOLDER NAMED TO ACORD 25 (2001/08) 1 of 2 #S4256931M417026 KG1 o ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -5 (2001/08) 2 of 2 #S425693/M417026 ACORD M. CERTIFICATE OF LIABILITY INSURANCE DAT;o 1a 2U 9YYY) PRODUCER Phone. (W) 5983700 Fax: (360) 598 -3703 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MICHAEL J. HALL & COMPANY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HALL 8, COMPANY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 19660 10TH AVENUE N.E. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR Matthew L. Copus POULSBO WA 98370 INSURERS AFFORDING COVERAGE NAIC If INSURED INSURER A. BeaZle Insurance Company Inc 10040501 INSURERS PERSONAL &ADV INJURY Budinger & Associates Inc 1101 N Fancher Road Spokane Valley WA 99212 INSURER C' GENERAL AGGREGATE INSURER D: : SENT AGGREGATE LIMIT APPLIES PER POLICY 7 PRO - JECT LOC [INSURER E $ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT`MTHSTANDING ANY REOUIREMENT, 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDn POLICY EXPIRATION DATE MMIOUIYY LIMITS AUTHORIZED REPRESENTATIVE —gym GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR Matthew L. Copus EACH OCCURRENCE $ DAMAOETO RENTED PREMISES IEaa Us.' $ NED. EXP(Any oneperson) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ SENT AGGREGATE LIMIT APPLIES PER POLICY 7 PRO - JECT LOC PRODUCTS - COMP /OP AGE. $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON- OMEDAUTOS COMBINED SINGLE LIMIT (Ea accidenh $ BODILY INJURY (Per person) S BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY: AGO S $ EXCESS / UMBRELLA LIABILITY OCCUR ❑ CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ S S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY ETORI E %E W TIVE Oygc CE ERIME nR EXCLUDED? oaoa N yes, Jescnbe escnbe under SION SPECIAL PRDV190N5 below - `AC TORT LSTATUIMITS OTHER E L EACH ACCIDENT $ E.L. DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT 8 A OTHER: PROFESSIONAL LIABILITY POLICY CLAIMS MADE FORM V150ZD09PNPA 02128109 02/28/10 $ 1,000,000 PER CLAIM $ 2,000,000 AGGREGATE DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS Project: Discovery Playground in the Spokane Valley CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) - Certificate # 104811 © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Spokane Valley EXPIRATION DATE THEREOF, THE ISSUING INSURER WALL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT 11707 East Sprague Ave. Ste 106 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Spokane Valley, WA 99206 INSURER, IT'S AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE —gym Attention: Matthew L. Copus ACORD 25 (2001/08) - Certificate # 104811 © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001 /08) Certificate #104811 BUDINGER INSURANCE DATE (MM /DD/YYYY) 08/04/2010 2TIFICATE IS ISSUED AS A MATTER OF INFORMATION ID CONFERS NO RIGHTS UPON THE CERTIFICATE . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR HE COVERAGE AFFORDED BY THE POLICIES BELOW. AFFORDING COVERAGE NAIC # 'ontinental Western TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM /DD LIMITS A GENERAL LIABILITY CWP277729324 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR DD' NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM /DD LIMITS A GENERAL LIABILITY CWP277729324 08/06/10 08106/11 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED occurre $300,000 CLAIMS MADE 51 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000 POLICY f X PRO LOC JECT A AUTOMOBILE LIABILITY CWP277729324 08/06/10 08/06/11 COMBINED SINGLE LIMIT X (Ea accident) $1 ,000,000 ANY AUTO BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) BODILY INJURY $ X HIRED AUTOS X NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EAACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY CU278049224 08/06/10 08/06/11 EACH OCCURRENCE s4,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s4,000,000 $ DEDUCTIBLE $ RETENTION $ A WORKERS COMPENSATION AND CWP277729324 08/06/10 08106/11 TWO C S I T MIT 0 EMPLOYERS' LIABILITY WA Stop Gap E.L. EACH ACCIDENT $11,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS City of Spokane Valley, their agents, officers and employees are additional insured with regards to Discovery Playground project in Spokane Valley, Wa. 9:1:101411:1:1 City of Spokane Valley 11707 E Sprague Ave, Ste 106 Spokane Valley, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL JtAI95U(J(RJC9t MAIL _30_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, XJ(RRAE X REPRESENTATIVE ACORD 25 (2001/08) 1 of 2 #S537814/M537808 A1C © ACORD CORPORATION 1988 - 175