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25-040.00Allwest2025-2028OnCallGeotechServices Contract No. 25-040 AGREEMENT FOR PROFESSIONAL SERVICES ALLWEST Testing&Engineering,Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington,hereinafter"City"and ALLWEST Testing&Engineering, 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 31,2028,unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 10 Contract No. 25-040 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. Each item of work under this Agreement shall be provided by task assignment pursuant to the Scope of Services,Exhibit A. The hourly and unit rates for each assignment shall be the rates shown in the Fee Schedule,Exhibit B.The amount established for each assignment shall be the maximum amount payable for that assignment unless modified in writing by the City.The total payable for all task assignments shall be limited to a maximum amount of$300,000.00. 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. The rates,as shown in Exhibit B, may be amended each calendar year by the express written agreement of the City and the Consultant. The rate increase or decrease shall be negotiated by the City and Consultant and shall not be increased or decreased by more than the percent change in the Consumer Price Index for All Urban Consumers (CPI-U). The reference point will be the CPI-U for September and the index base period is 1982-1984=100.The source of this percent change shall be the"U.S.Department of Labor,Bureau of Labor Statistics. 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:ALLWEST Testing&Engineering, Inc. Phone: (509) 720-5000 Phone: 509-53'l '1411 Address: 10210 East Sprague Avenue Address: 16617 E. Euclid Ave., Bldg.A Spokane Valley,WA 99206 Spokane Valley,WA 99216 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 Agreement for Professional Services(with professional liability coverage) Page 2 of 10 • Contract No. 25-040 or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,making false statements,or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a 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 Agreement for Professional Services(with professional liability coverage) Page 3 of 10 Contract No. 25-040 00 01. 2.Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with 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. Agreement for Professional Services(with professional liability coverage) Page 4 of 10 Contract No. 25-040 D.Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims,actions,suits, liability, loss, costs, reasonable 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 10 Contract No. 25-040 that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attornev'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 or arbitration(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. Agreement for Professional Services(with professional liability coverage) Page 6 of 10 Contract No. 25-040 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: 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 Section 22 of this Agreement 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); Agreement for Professional Services(with professional liability coverage) Page 7 of 10 Contract No. 25-040 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- 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. §168 I et seg.). 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 arc: A. Scope of Services B.Fee proposal C. Insurance Certificates The Parties have executed this Agreement this 28r*day of Mekic-H ,20 ?—ST CITY OF SPOKANE VALLEY Consultant: J ui Holunan,City Manager By: S c_o {—re ,e-,. I _ F Its: Authorized Representative APPROVED AS T FORM: Office f t e City Attorney Agreement for Professional Services(with professional liability coverage) Page 8 of 10 Exhibit A-Scope of Services Geotech Engineering and Material Testing Services for Capital Improvement Projects Each item o-f work under this AGREEMENT will be provided by task assignment. Each assignment's scope of work will be determined by the City with input from the CONSULTANT. The hourly and unit rates for each scope of work will use the negotiated rates shown in Exhibit B. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT,and the AGENCY's and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to,the following types of work: Scope of Services to include,but not limited to: Geotechnical Engineering 1. Site Exploration/Evaluation 2. Pavement Section Design 3. Foundation Design/Evaluation 4. Retaining Structures 5. Slope Stability Analysis Material Testing Services 1. Proctor sampling and testing of existing subgrade soils 2. Aggregate sampling and testing 3. Compaction testing for subgrade,trench backfilling, crushed surfacing material and Hot Mix Asphalt. 4. HMA quality assurance testing including aggregate gradation,oil content and air voids(Va) 5. Concrete testing including slump, air entrainment and compression strength testing. Material testing services completed in accordance with the current WSDOT Construction Manual and the WSDOT Standard Specifications as amended by the City of Spokane Valley Standard Specifications. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document is substantially the same format as the exemplar from attached hereto. An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY,except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four working Days, and any billing rates agreed to orally(for individuals, subconsultants,or organizations, or organizations whose rates were not previously established in the AGREEMENT)shall be provisional and subject to final negotiation and acceptance by the AGENCY. Formal Task Assignment Document Task Number The general provisions and clauses of Agreement#XX-XXX shall be in full force and effect for this Task Assignment Consultant: Project Title: COSV Project Number: Maximum Amount Payable Per Task Assignment: Completion Date: Description of Work: (Note attachments and give brief description) • Agency Project Manager Signature: Date: Oral Authorization Date: Date: Consultant Signature: Date: Agency Approving Authority: Date: Exlntbi-f- Q GEOTECHNICAL I ENVIRONMENTAL ALIET Spokane Valley MATERIALS TESTING I SPECIAL INSPECTION Fee Schedule 2025 AN EMPLOYEE-OWNED COMPANY Personnel Services Technicians, Hourly Unit Fee Engineering, Hourly Unit Fee Asphalt Technician-In place density $ 85.00 Principal Engineer $ 215.00 Concrete Technician S 82.00 Senior Engineer $ 215.00 Soil Technician $ 82.00 Project Engineer $ 185.00 Special Inspector, Hourly Staff Engineer $ 145.00 Special Inspector $ 95.00 Geologist, Hourly Bolting $ 95.00 Project Geologist $ 135.00 Concrete Floor Flatness $ 95.00 Staff Geologist $ 110.00 Diaphragm/Shear Nailing $ 125.00 Office Services Epoxy $ 95.00 Administrative Assistant. Hourly $ 80.00 Fireproofing $ 125.00 Project Manager, Hourly $ 110.00 Post Tension $ 95.00 Final Letter, Each $ 500.00 Precast/Prestressed $ 125.00 Equipment Pull Testing $ 95.00 Coring Machine, Daily Charge $ 165.00 Rebar&Concrete $ 95.00 Disposable Relative Humidity Meter Sensors, Each $ 100.00 Rebar&Masonry $ 95.00 Floor Flatness Equipment, Daily Charge $ 275.00 Rebar Inspection $ 95.00 Generator, Daily Charge $ 100.00 Visual Welding $ 120.00 Hand Auger, Daily Charge $ 60.00 Certified Welding Inspector, Hourly Hydraulic Ram, Daily Charge $ 60.00 Certified Welding Inspector $ 120.00 Magnetic Particle Machine, Daily Charge $ 65.00 Non-Destructive Testing, Hourly Maturity Probes, Each $ 130.00 NDT Welding Inspector-Level I $ 130.00 Moisture Vapor Kits, Each $ 50.00 NDT Welding Inspector-Level II $ 130.00 Nuclear Densometer, Daily Charge $ 70.00 NDT Welding Inspector-Level III $ 130.00 Pachometer, Daily Charge $ 60.00 Miscellaneous Photo Ionization Detector, Daily Charge $ 300.00 Consumable Supplies Cost+20% Relative Humidity Meter, Daily Charge $ 30.00 Laboratory Rush Charge 1.5x Rate Skidmore Wilhelm, Daily Charge $ 60.00 Late Notice Fee $ 200.00 Temperature Controlled Cure Box/Trailer, Daily Charge $ 185.00 Overtime, Hourly 1.5x Rate Turbidity Meter, Daily Charge $ 50.00 Per Diem-Reimbursable Quote Ultrasonic Testing Machine, Daily Charge $ 75.00 Subcontracted Services Cost+20% Windsor Probe Rental+ 1 Probe Kit, Each $ 130.00 Labor Surcharge(Example: Sundays and Holidays) 2 x Rate Additional Windsor Probes, Each $ 60.00 Vehicle Mileage, per mile $ 1.20 Laboratory Testing Services Aggregate Unit Fees Concrete Check Point, Modified Proctor $ 110.00 Concrete Cores Compressive Strength $ 42.00 Check Point, Standard Proctor $ 273.00 Concrete Cylinders Compressive Strength $ 45.00 Durability Index(Coarse) $ 145.00 Fireproofing Densities $ 65.00 Durability Index(Fine) $ 174.00 Flexural Strength Beams $ 95.00 Ethylene Glycol $ 105.00 Grout Cubes Compressive Strength $ 35.00 Flakiness Index $ 105.00 Grout Cylinders Compressive Strength $ 39.00 Flat&Elongated Particles $ 85.00 Grout Prisms Compressive Strength $ 45.00 Fine Angularity $ 95.00 Masonry Block Absorption (set of 3) S 260.00 Fracture Face $ 110.00 Masonry Block Compressive Strength(set of 3) $ 155.00 Gradation with 0.02 Hydrometer $ 250.00 Mortar Making Properties $ 300.00 Idaho Degradation $ 235.00 CMU Prisms Compressive Strength (set of 3) $ 175.00 Kirby Chip Seal Design $ 485.00 Mortar Cylinders Compressive Strength $ 90.00 L.A.Abrasion $ 205.00 Shotcrete Cores Compressive Strength $ 50.00 Moisture Content Test $ 42.00 Soil 16617 E Euclid Avenue, Spokane Valley Phone:509-534-4411 www.allwesttesting.com GEOTECHNICAL I ENVIRONMENTAL ALL ° A EST Spokane Valley MATERIALS TESTING I SPECIAL INSPECTION �1� ..0 ,,-- Fee Schedule 2025 AN EMPLOYEE-OWNED COMPANY Organic Impurities $ 65.00 Atterberg Limits $ 195.00 Percent Plus 3/4" $ 80.00 California Bearing Ratio $ 450.00 pH $ 75.00 Check Point, Modified Proctor $ 110.00 Sand Equivalent $ 142.00 Check Point,Standard Proctor $ 110.00 Sieve Analysis(coarse/fine) $ 165.00 Chloride Quote Specific Gravity(Coarse) $ 115.00 Collapse Potential Consolidation Test,D 4546 Method B $ 385.00 Specific Gravity(Fine) $ 145.00 Direct Shear $ 550.00 Spring Loaded Proctor,T-74 $ 645.00 Remold Direct Shear $ 650.00 Asphalt Hydrometer Test $ 199.00 Asphalt Burn Bags/Set of 2 $ 265.00 In-Place Density&Moisture,ASTM D 2937 $ 95.00 Asphalt Core Density $ 90.00 Modified Proctor with Soil Classification $ 260.00 Asphalt Extraction(Oil Content), NCAT $ 235.00 Moisture Content Test $ 42.00 Asphalt Extraction Gradation, NCAT $ 342.00 One Dimensional Consolidation Test, D 2435 $ 475.00 Asphalt Moisture $ 40.00 Organic Content $ 175.00 Asphalt Reflux Extraction Gradation $ 250.00 Percent Plus 3/4" $ 75.00 Dry Strength Immersion Compression $ 350.00 pH $ 70.00 Gyratory/Volumetrics-2 Pucks $ 45.18 Resistivity $ 80.00 Ignition Oven Correction Factor $ 205.00 R-Value Quote Marshall Biscuit Densities(set of 3) $ 200.00 Sample Prep Surcharge $ 75.00 Marshall Stability and Flow $ 100.00 Sand Cone $ 200.00 Rice's Theoretical (Set of 2) $ 230.00 Sand Equivalent $ 142.00 T-99 Asphalt Binder Anti-Strip $ 55.00 Sieve Analysis with Hydrometer $ 250.00 Wax Coated Unit Weight $ 50.00 Specific Gravity $ 185.00 Asphalt Mix Designs Standard Proctor with Soil Classification $ 260.00 Marshall Mix Design Quote Standard/Modified Proctor $ 260.00 Cement Treated Base(CTB)Design $ 1,890.00 Swell Pressure Consolidation Test, D 4546 Meth.A or B $ 385.00 CTB Design-Freeze/Thaw Testing $ 1,000.00 Swell Pressure Consolidation Test, D 4546 Method C $ 600.00 CTB Design-Wet/Dry Testing $ 1,000.00 Unconfined Compression, D 2166 $ 135.00 ITD/WSDOT Design Paperwork Conversion $ 600.00 Unit Weight $ 70.00 Federal Highway Superpave Mix Design $ 6,600.00 Wash 200 $ 105.00 ITD Commercial Superpave Mix Design(SP2 through 6) $ 6,600.00 Wash Gradation $ 165.00 ITD Mix Design Revision $ 600.00 ITD Superpave Mix Design(SP2 Paper Verification) $ 13,000.00 ITD Superpave Mix Design wNerification(SP3 through 6) $ 13,000.00 ITD Burnbag Observation $ 2,500.00 Mix Design Extra Blends $ 600.00 Montana Superpave Mix Design Quote RAP Correlation for NCAT(6 Reflux and 6 Burns) $ 3,000.00 (Category 1) RAP Qualification for NCAT Correction Factor and Aggregate Quality (Category 2) $ 3,500.00 RAP Correlation for NCAT(every one after 6) $ 350.00 RAP Reflux for Asphalt Properties $ 1,200.00 RAP Specific Gravity $ 150.00 TSR/Immersion Compression $ 750.00 WSDOT Superpave Mix Design $ 4,000.00 WSDOT Mix Verification $ 3,000.00 WSDOT 2nd Mix Verification(Same Gradation) $ 2,500.00 16617 E Euclid Avenue, Spokane Valley Phone:509-534-4411 www.allwesttesting.com GEOTECHNICAL I ENVIRONMENTAL I E 'r Spokane Valley MATERIALS TESTING I SPECIAL INSPECTION Fee Schedule 2025 AN EMPLOYEE-OWNED COMPANY 16617 E Euclid Avenue, Spokane Valley Phone:509-534-4411 www.allwesttesting.com �xh't lot, G ALLWTES-01 KPHILLIPSI AC0R[3 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/17/2025 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: Alliant Insurance Services,Inc. PHONE FAX 818 W Riverside Ave Ste 800 (A/C,No,Ext):50-9325-3024 (A/C,No):50-9325-1803 Spokane,WA 99201 E-MAILDSS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Middlesex Insurance Company 23434 INSURED INSURER B: ALLWEST Testing&Engineering Inc. INSURER C: 690 Capstone Ct INSURER D: Hayden,ID 83835 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYYI (MM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X A0239441 4/1/2024 4/1/2025 PPREMISES(Ea occur ence) $ 1,000,000 MED EXP(Any one person) $ 15,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 3,000,000 POLICY X JE X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: WA STOP GAP $ 1,000,000 A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X A0239441 4/1/2024 4/1/2025 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON- WNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:225-065 2025 City of Spokane Valley CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Mlliant Certificate Disclaimer Alliant Insurance has recently updated their procedures to minimize unnecessary errors. We will do so by adhering to the recommendations found in the recent Acord form manual and by maintaining compliance with state statutes. Alliant aims to ensure clarity and accuracy in coverage interpretation while also protecting the interests of clients and certificate holders. While we can still add specific details such as job numbers, contract names, event dates, or specific locations on certificates, Alliant cannot bind insurers to anything beyond what is specified in the applicable endorsement(s). If the Additional Insured or Waiver of Subrogation box is checked, individuals can refer to the applicable endorsement attached to their certificate for detailed coverage information. Ultimately, coverage is determined by the policy, its terms, individual endorsements and as established by the contract between the Named Insured and their client. Alliant Insurance Services,Inc. 818 W Riverside Ave Ste 800 Spokane,WA 99201 COMMERCIAL GENERAL LIABILITY CG 71 24 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds -Automatic Status for 12 Additional Insured Types A. Automatic Status When Required In Written Contract Or Agreement (for Acts or Omissions In The Performance of Your Operations) B. Lessor of Leased Equipment C. Owners or Other Interests From Whom Land Has Been Leased D. Manager or Lessor of Premise E. Mortgagee, Assignee, or Receiver F. Controlling Interest G. Co-owner Of Insured Premises H. Executors, Administrators, Trustees Or Beneficiaries I. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises J. Any Person Or Organization You Are Performing Work For K. Vendors L. Grantor of Franchise 2. Primary and Noncontributory-Other Insurance Condition 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Additional Insureds -Automatic Status for 12 A. Automatic Status When Required In Written Additional Insured Types Contract Or Agreement (for Acts or Section II - Who Is An Insured is amended to Omissions In The Performance of Your include the following as additional insureds when Operations) you have agreed to add that person or 1) A person or organization with respect to organization as an Additional Insured on your liability for: policy in a written contract or written agreement a. "Bodily injury" or "property damage" with that person or organization, or because of a not included in the "products- permit issued by a state or political subdivision; completed operations hazard"; or provided the injury or damage occurs subsequent b. "Personal and advertising injury"; to the execution of the contract or agreement or issuance of the permit and while the contract, caused by, in whole or in part, your acts or agreement or permit remains in effect. omissions or the acts or omissions of those acting on your behalf in the performance of your operations. CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 0925C9CE-6005-4A39-9665-71 DCCD03652D 2) With respect to insurance afforded to This exclusion applies even if the claims these additional insureds, the following against any insured allege negligence or additional exclusion applies: other wrongdoing in the supervision, This insurance does not apply to "bodily hiring, employment, training or injury", "property damage" or "personal monitoring of others by that insured, if and advertising injury" due to rendering of the "occurrence" which caused the or failure to render any professional "bodily injury" or "property damage", or service. This includes but is not limited to: the offense which caused the "personal a. Legal, accounting or advertising and advertising injury", involved the services; rendering of or failure to render any b. Preparing, approving, or failing to professional service. prepare or approve, maps, shop B. Lessor of Leased Equipment drawings, opinions, reports, surveys, 1) Any person(s) or organization(s) with field orders, change orders or drawings respect to liability for "bodily injury", or specifications; "property damage" or "personal and c. Inspection, supervision, quality control, advertising injury" caused, in whole or in architectural or engineering activities part, by your maintenance, operation or done by or for you on a project on use of equipment leased to you by such which you serve as construction person(s)or organization(s). manager; 2) With respect to the insurance afforded to d. Engineering services, including related these additional insureds, this insurance supervisory or inspection services; does not apply to any "occurrence" which e. Medical, surgical, dental, X-ray or takes place after the equipment lease nursing services treatment, advice or expires. instruction; C. Owners or Other Interests From Whom f. Any health or therapeutic service Land Has Been Leased treatment, advice or instruction; 1) Any person(s) or organization(s) with g. Any service, treatment, advice or respect to liability for "bodily injury", instruction for the purpose of "property damage" or "personal and appearance or skin enhancement, hair advertising injury" caused, in whole or in removal or replacement, or personal part, by you or those acting on your behalf grooming or therapy; in connection with the ownership, h. Any service, treatment, advice or maintenance or use of that part of the land instruction relating to physical fitness, leased to you by the additional insured including service, treatment, advice or person(s)or organization(s). instruction in connection with diet, 2) With respect to the insurance afforded to cardiovascular fitness, bodybuilding or these additional insureds, the following physical training programs; I. Optometry or optical or hearing aid additional exclusions apply: services including the prescribing, This insurance does not apply to: preparation, fitting, demonstration or a. Any "occurrence" which takes place distribution of ophthalmic lenses and after you cease to lease that land; similar products or hearing aid devices; b. Structural alterations, new construction j. Body piercing services; or demolition operations performed by k. Services in the practice of pharmacy; or on behalf of the additional insured I. Law enforcement or firefighting person(s)or organization(s). services; and m. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 71 24 06 22 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 0925C9CE-6005-4A39-9665-71 DCC003652D D. Manager or Lessor of Premise I. State Or Governmental Agency Or Any person(s) or organization(s) with respect Subdivision Or Political Subdivision - to liability for "bodily injury", "property Permits Or Authorizations Relating To damage" or "personal and advertising injury" Premises caused, in whole or in part, by you or those Any state or governmental agency or acting on your behalf in connection with the subdivision or political subdivision, subject to ownership, maintenance or use of that part of the following additional provision: the premises leased to you by the additional This insurance applies only with respect to the insured person(s)or organization(s), subject to following hazards for which the state or the following additional exclusions: governmental agency or subdivision or This insurance does not apply to: political subdivision has issued a permit or 1) Any "occurrence" which takes place after authorization in connection with premises you you cease to be a tenant in that premises. own, rent or control and to which this insurance applies: 2) Structural alterations, new construction or demolition operations performed by or on 1) The existence, maintenance, repair, behalf of the person(s) or organization(s) construction, erection or removal of shown in the Schedule. advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, E. Mortgagee, Assignee, or Receiver manholes, marquees, hoist away openings, Any person(s) or organization(s) with respect sidewalk vaults, street banners or to their liability as mortgagee, assignee or decorations and similar exposures; or receiver and arising out of the ownership, 2) The construction, erection or removal of maintenance or use of a premises by you. elevators; or This insurance does not apply to structural 3) The ownership, maintenance or use of any alterations, new construction and demolition elevators covered by this insurance. operations performed by or for such additional insured person(s)or organization(s). J. Any Person Or Organization You Are F. Controlling Interest Performing Work For Any person(s) or organization(s) with respect 1) Any person(s) or organization(s) with to liability for "bodily injury", "property respect to their liability arising out of: damage" or "personal and advertising injury" a. Their financial control of you; or caused, in whole or in part, by your acts or b. Premises they own, maintain or control omissions or the acts or omissions of those while you lease or occupy these acting on your behalf: premises. 1) In the performance of your ongoing 2) This insurance does not apply to structural operations; or alterations, new construction and 2) In connection with your premises owned demolition operations performed by or for by or rented to you. that person or organization. K. Vendors G. Co-owner Of Insured Premises 1) Any person(s)or organization(s) (referred to Any person(s) or organization(s) with respect throughout this endorsement as vendor), to their liability as co-owner of a premises but only with respect to liability for "bodily coowned by you and covered under this injury" or "property damage" arising out of insurance. "your products" which are distributed or H. Executors, Administrators, Trustees Or sold in the regular course of the vendor's Beneficiaries business. Any executor, administrator, trustee or However: beneficiary of your estate or living trust while a. The insurance afforded to such vendor acting within the scope of their duties as such. only applies to the extent permitted by law; and CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 0925C9CE-6005-4A39-9665-71 DCCD03652D b. If coverage provided to the vendor is 8) "Bodily injury" or"property damage" required by a contract or agreement, arising out of the sole negligence of the insurance afforded to such vendor the vendor for its own acts or will not be broader than that which you omissions or those of its employees are required by the contract or or anyone else acting on its behalf. agreement to provide for such vendor. However, this exclusion does not 2) With respect to the insurance afforded to apply to: these vendors, the following additional (1) The exceptions contained in exclusions apply: Subparagraphs d.or f.; or a. The insurance afforded the vendor (2) Such inspections, adjustments, does not apply to: tests or servicing as the vendor 1) "Bodily injury" or"property damage" has agreed to make or normally for which the vendor is obligated to undertakes to make in the usual pay damages by reason of the course of business, in assumption of liability in a contract connection with the distribution or agreement. This exclusion does or sale of the products. not apply to liability for damages b. This insurance does not apply to any that the vendor would have in the insured person or organization, from absence of the contract or whom you have acquired such agreement; products, or any ingredient, part or 2) Any express warranty unauthorized container, entering into, accompanying by you; or containing such products. 3) Any physical or chemical change in L. Grantor of Franchise the product made intentionally by Any person(s) or organization(s) with respect the vendor; to their liability as grantor of a franchise to you. 4) Repackaging, except when However: unpacked solely for the purpose of 1. The insurance afforded to such additional inspection, demonstration, testing, insureds only applies to the extent permitted or the substitution of parts under by law; and instructions from the manufacturer, and then repackaged in the original 2. If coverage provided to the additional insured container; is required by a contract or agreement, the 5) Any failure to make such insurance afforded to such additional insured inspections, adjustments, tests will not be broader than that which you are servicing as the vendor has agreed required by the contract or agreement to to make or normally undertakes to provide for such additional insured. make in the usual course of With respect to the insurance afforded to these business, in connection with the additional insureds, the following is added to distribution or sale of the products; Section III - Limits Of Insurance: 6) Demonstration, installation, If coverage provided to the additional insured is servicing or repair operations, required by a contract or agreement, the most we except such operations performed will pay on behalf of the additional insured is the at the vendor's premises in amount of insurance: connection with the sale of the 1. Required by the contract or agreement; or product; 2. Available under the applicable limits of 7) Products which, after distribution or insurance; sale by you, have been labeled or whichever is less. relabeled or used as a container, part or ingredient of any other thing This endorsement shall not increase the or substance by or for the vendor; applicable limits of insurance. or If there is any difference in coverage afforded to an additional insured in this endorsement and Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., CG 71 24 06 22 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 0925C9CE-6005-4A39-9665-71 DCCD03652D that provided under another additional insured any other insurance available to the additional endorsement attached to this policy, the broader insured. coverage will apply to that additional insured. 3. Waiver Of Transfer Of Rights Of Recovery 2. Primary And Noncontributory Insurance Against Others To Us(Waiver Of Subrogation) - The following is added to the Other Insurance Automatic Condition and supersedes any provision to the The following is added to Paragraph 8. Transfer contrary: Of Rights Of Recovery Against Others To Us of This insurance is primary to and will not seek Section IV-Conditions: contribution from any other insurance available to We waive any right of recovery against any an additional insured under your policy provided person or organization, because of any payment that: we make under this Coverage Part, to whom the (1) The additional insured is a Named Insured insured has waived its right of recovery in a under such other insurance; and written contract or agreement. Such waiver by us applies only to the extent that the insured has (2) You have agreed in writing in a contract or waived its right of recovery against such person agreement that this insurance would be or organization prior to loss. primary and would not seek contribution from CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 0925C9CE-6005-4A39-9665-71 DCCD03652D COMMERCIAL AUTO CA 70 57 06 22 SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. Broadened Who Is An Insured the extent that person or organization qualifies Under Section II - Covered Autos Liability as an "insured" under the Who is An Insured Coverage, the following is added to Coverage provision contained in Paragraph A.1. of A.1.Who Is An Insured: Section II - Covered Autos Liability Coverage in the Business Auto Coverage Form. d. Employees As Insureds The insurance afforded under this provision Any "employee" of yours is an "insured" while only applies if the "bodily injury" or "property using a covered "auto" you don't own, hire or damage" occurs: borrow in your business or personal affairs. e. Newly Acquired Organizations 1. During the policy period, and 2. After the execution of such written Any organization you newly acquire or form, contract, and other than a partnership, joint venture or limited liability company, and over which you 3. Prior to the expiration of the period that the maintain ownership or majority interest, will written contract requires such insurance to qualify as a Named Insured if there is no other be provided to the additional insured. similar insurance available to that organization. B. This insurance is primary to and will not seek However: contribution from any other auto insurance 1. Coverage under this provision is afforded issued to the person or organization in the only until the 90th day after you acquire or schedule under your policy provided that: form the organization or the end of the 1. The person or organization is a Named policy period; whichever is earlier; and Insured under such other insurance; and 2. Coverage does not apply to "bodily injury", 2. Prior to the "accident" you have agreed in "property damage" or "covered pollution writing in a contract or agreement that this cost or expense" that occurred before you insurance would be primary and would not acquired or formed the organization. seek contribution from any other insurance f. For Any Covered "Auto": available to the person or organization. Who Is An Insured is amended to include as 3. Waiver of Transfer of Rights of Recovery an insured any organization or subsidiary The Transfer of Rights of Recovery Against thereof which is a legally incorporated entity of Others to Us Condition does not apply to any which you own a financial interest of more person(s) or organization(s) for whom you are than 50 percent of the voting stock on the required to waive subrogation with the respect to effective date of this endorsement. coverage provided under this Coverage Form, but This provision applies only if there is no similar only to the extent that subrogation is waived: insurance available to the entity described A. Under a written contract or agreement with above. such person(s)or organization(s), and 2. Additional Insured by Contract, Agreement or B. Prior to the "accident" or the "loss." Permit 4. Broadened Supplementary Payments SECTION II - LIABILITY COVERAGE, Paragraph Coverage Extension 2.a. Supplementary A.1. Who is An Insured is amended to include Payments under Section II - Covered Autos the following as an "insured": Liability Coverages is amended as follows: A. Any person or organization, where you have A. Paragraph 2.a.(2) is amended to pay up to agreed by written contract to add as an $3,000 for cost of bail bonds; and additional insured, is an insured but only to CA 70 57 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 4 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 62A30C74-1427-4135-9F5D-6F0B8C426C34 B. Paragraph 2.a.(4) is amended to pay for loss (2) Specified Causes Of Loss only if the of earnings up to $500 a day because of time Declarations indicate that Specified off from work. Causes of Loss Coverage is provided 5. Fellow Employee Bodily Injury Extension for any covered "auto"; or The Fellow Employee exclusion contained in (3) Collision only if the Declarations Section II - Covered Autos Liability Coverage indicate that Collision Coverage is does not apply. provided for any covered "auto". 6. Accidental Airbag Discharge However, the most we will pay for any expenses for loss of use is $50 per day, to The following is added to Exclusion B.3.a. under a maximum of$1,500. Section III -PHYSICAL DAMAGE: 9. Rental Reimbursement This exclusion does not apply to the accidental discharge of an airbag in a covered auto for a loss A. For any covered "auto" for which that Physical Damage Coverage is shown in the Comprehensive and Collision coverages are Declarations. provided, we will pay for rental reimbursement 7. Towing expenses incurred by you for the rental of an "auto" because of"loss"to a covered "auto". We will pay up to the limit shown in the B. We will pay up to the limit shown in the Declarations for towing and labor costs incurred Declarations for rental reimbursement each time a covered "auto" that is a private expenses incurred by you for the rental of an passenger type, light truck or medium truck is "auto" because of "loss" to a covered "auto". disabled. However, the labor must be performed Payment applies in addition to the otherwise at the place of disablement. applicable amount of each coverage you have 8. Physical Damage Coverage Extensions on a covered "auto". No deductibles apply to The following replaces the Coverage Extensions this coverage. under Section III -PHYSICAL DAMAGE: C. We will pay only for those expenses incurred a. Transportation Expenses during the policy period beginning 24 hours We will payupto $75 after the "loss" and ending, regardless of the per day to a policy's expiration, with the lesser of the maximum of $1,500 for temporary following number of days: transportation expense incurred by you 1. The number of days reasonably required to because of the total theft of a covered repair or replace the covered "auto". If. "auto" of the private passenger, truck or "loss" is caused by theft, this number of van type with a Gross Vehicle Weight of days is added to the number of days it less than 10,000 pounds. takes to locate the covered "auto" and We will pay only for those covered "autos" return it to you. for which you carry either Comprehensive 2. The number of days shown in the or Specified Causes of Loss Coverage. We Schedule. will pay for temporary transportation expenses incurred during the period D. Our payment is limited to the lesser of the beginning 48 hours after the theft and following amounts: ending, regardless of the policy's 1. Necessary and actual expenses incurred. expiration, when the covered "auto" is returned to use or we pay for its "loss". 2. The maximum payment stated in the Schedule applicable to "any one day" or b. Loss Of Use Expenses "any one period". For Hired Auto Physical Damage, we will E. This coverage does not apply while there are pay expenses for which an "insured" spare or reserve "autos" available to you for becomes legally responsible to pay for loss your operations. of use of a vehicle rented or hired without a F. If "loss" results from the total theft of a driver under a written rental contract or covered "auto" of the private passenger type, agreement. We will pay for loss of use we will payunder this coverage onlythat expense if caused by: 9 amount of your rental reimbursement (1) Other than collision only if the expenses which is not already provided for Declarations indicate that under the Physical Damage Coverage Comprehensive Coverage is provided Extension. for any covered "auto"; Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., CA 70 57 06 22 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 62A3DC74-1427-4135-9F5D-6F0B8C426C34 G. Our payment under this coverage extension is (e) Carry-over balances from previous excess over any other rental reimbursement loans or leases. coverage available to you. B. This coverage extension applies to covered 10. Hired Auto Physical Damage autos that are loaned or leased for a period of A. If you have Comprehensive or Specified six months or longer and which have been Causes of Loss and Collision Coverages provided Physical Damage Coverage. The provided on your owned "autos" you may "loss" must be caused by damage for which extend Physical Damage Coverage to any coverage is shown in the Declarations. "autos" you lease, hire, rent or borrow; C. For the purposes of this clause, the following provided you have Liability Coverage for hired is added to the Other Insurance Condition in "autos". the Business Auto Coverage Form: B. The hired "auto" must be of like kind and used The insurance provided by the Auto Loan and as the "autos" owned and covered under this Lease Gap Coverage is excess over any other Coverage Form. collectible insurance including but not limited C. The most we will pay for "loss" to any hired to any coverage provided by or purchased "auto" in any one"accident" is the least of the from the lessor or any financial institution. following amounts: 12. Personal Effects (1) $75,000 The following is added to A.4. Coverage (2) The actual cash value of the hired "auto" at Extensions under Section III - Physical Damage the time of the "loss" Coverage: (3) The cost of repairing or replacing the hired A. We will extend Physical Damage Coverage on auto" with other property of like kind and a covered "auto" to include personal property quality owned by you, a relative or an "employee"that is in the covered "auto" at the time of "loss". D. The following deductible provisions apply: The "loss" must be caused by damage for (1) The deductible will be equal to the largest which coverage is shown in the Declarations. deductible applicable to any owned "auto" There must be evidence of forced entry for for that coverage shown in the loss caused by theft. Declarations. B. The exclusion referring to tapes, records, E. Any "auto" that is leased, hired, rented or discs or other similar audio, visual or data borrowed with a driver is not a covered "auto" electronic devices designated for use with under this coverage extension. audio, visual or data electronic equipment 11.Auto Loan And Lease Gap Coverage does not apply. Section III -PHYSICAL DAMAGE is amended by C. The most we will pay for any one "loss" under the addition of the following: this coverage extension is $2,000. No Physical A. In the event of a total "loss" to a covered Damage Coverage deductible applies to this "auto" shown in the Declarations, we will pay coverage extension. any unpaid amount due on the lease or loan D. Coverage provided by this Personal Effects for a covered "auto", less: extension is excess over any other collectible (1) The amount paid under the policy's insurance. Physical Damage Coverage; and E. The coverage extension does not apply to the (2) Any: following property: (a) Overdue or any deferred lease/loan (1) Any device designed or used to detect payments at the time of the "loss"; speed-measuring equipment such as radar or laser detectors and any jamming (b) Financial penalties imposed under a apparatus intended to elude or disrupt lease for excessive use, abnormal wear speed-measurement equipment; and tear or high mileage; (2) Tools; (c) Security deposits not returned by the (3) Jewelry, precious metals and loose gems; lessor; (d) Costs for extended warranties, Credit (4) Money and securities; or Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and CA 70 57 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 4 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 62A3DC74-1427-4135-9F50-6F0B8C426C34 (5) Property specifically insured or covered under the Business Personal Property Coverage of this policy. 13.Glass Deductible Under Section III - PHYSICAL DAMAGE, the following is added to A.3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles Coverage: The Comprehensive Coverage deductible shown in the Declarations does not apply to glass breakage if such glass is repaired rather than replaced. 14.Broad Knowledge Of Accident, Claim, Suit Or Loss Under Section IV - Business Auto Conditions, the following is added to Loss Conditions A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: Knowledge of an "accident", claim,"suit"or"loss" by an agent or "employee" of an insured or receipt of any demand, notice, summons or other legal paper in connection with a claim or"suit" by any agent or "employee" of any insured shall not in itself constitute knowledge of the named insured or receipt of the named insured, unless a partner, member, manager, executive officer or director shall have such knowledge or shall have received such demand, notice, summons or legal paper. 15. Unintentional Failure To Disclose Hazards Under Section IV - Business Auto Conditions, the following is added to General Conditions B.2. Concealment, Misrepresentation Or Fraud: If in your representations to us you unintentionally failed to disclose all hazards and exposures subject to this insurance, we shall not deny all coverage under this policy because of such oversight. 16. Mental Anguish A. The definition of "bodily injury" under Section V-Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "mental anguish" or death resulting from any of these at any time. B. The following definition is added to Section V -Definitions: "Mental anguish" means extreme pain or distress inflicted upon an individual's emotional and intellectual condition with regard to the individual's response to the environment. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CA 70 57 06 22 A0239441 with its permission. 03/20/2024 Middlesex Insurance Company 62A3 D C 74-1427-4135-9 F 5 D-6 F0 B8C426C 34 STATE OF WASHINGTON Department of Labor& Industries Certificate of Workers' Compensation Coverage March 25, 2025 WAUBI No. 602 216 413 L&I Account ID 310,448-00 Legal Business Name ALLWEST TESTING & ENGINEERING INC Doing Business As ALLWEST TESTING & ENGINEERING Workers'Comp Premium Status: Account is current. Estimated Workers Reported Quarter 4 of Year 2024"21 to 30 Workers" (See Description Below) Account Representative Employer Services Help Line, (360)902-4817 Licensed Contractor? No What does "Estimated Workers Reported" mean? Estimated workers reported represents the number of full time position requiring at least 480 hours of work per calendar quarter. A single 480 hour position may be filled by one person, or several part time workers. Industrial Insurance Information Employers report and pay premiums each quarter based on hours of employee work already performed, and are liable for premiums found later to be due. Industrial insurance accounts have no policy periods, cancellation dates, limitations of coverage or waiver of subrogation (See RCW 51 .12.050 and 51.16.190). Terra Insurance Company TERRA (A Risk Retention Group) Two Fifer Avenue, Suite 100 >>: INSURANCE COMPANY Corte Madera, CA 94925 DATE 03/14/25 CERTIFICATE OF INSURANCE CERTIFICATE HOLDER City of Spokane Valley 10210 East Sprague Ave. Spokane Valley, WA 99206 This certifies that the"claims made"insurance policy(described below by policy number)written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only,and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The policy of insurance listed below has been issued to the insured named below 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 policy described herein is subject to all the terms,exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 225194 01/01/25 12/31/25 LIMITS OF LIABILITY $2,000,000 EACH CLAIM $2,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION 225-065 2025 City of Spokane Valley CANCELLATION: If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non-payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. NAME AND ADDRESS OF INSURED ISSUING COMPANY: TERRA INSURANCE COMPANY Allwest Testing& Engineering, Inc. (A Risk Retention Group) 690 W. Capstone Court Hayden, ID 83835 bit jazatc_ President 12l"S 0"40 -C ALLWTES-01 KPHILLIPS1 A�- O CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 3/25/2025 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 Debbie Johnston, CRM, CPCU, CIWCS, CPIW, ARM, AMIM, AINS ME Alliant Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 PHONE WC, No, Ext): (208) 770-38" (AFACX, No):(509) 325-1803 E ARLEss: debbie.johnston@alliant.com INSURERS AFFORDING COVERAGE NAIC # INSURER A. Middlesex Insurance Company 23434 INSURED INSURER B : INSURER C ALLWEST Testing & Engineering Inc. INSURER D : 690 Capstone Ct Hayden, ID 83835 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXPLTR LIMITS A X COMMERCIAL GENERAL LIABILnY CLAIMS -MADE IV OCCUR ❑ X A0239441 4/1/2025 4/1/2026 EACH ENCE $ 1,000,000 DAMAGE TO RENTED S s (Ea occurrence) 1,000,000 MED EXP (Any oneperson) 15,000 — — PERSONAL &ADV INJURY 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑X JPERCT ❑X LOC GENERAL AGGREGATE 3,000,000 PRODUCTS - COMP/OP AGG S 2,000,000 WA STOP GAP 11000,000 OTHER: A AUTOMOBILE LIABILITY ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS X 0239441 4/1/2025 4/1/2026 C a aOM81NdE1S1NGI-E LIMIF nt)X t,ll00,000 BODILY INJURY Perperson) BODILY INJURY Per accident PROPERTY AMAGE Per accldent HIRED L NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE AGGREGATE EXCESS LIAR DED I I RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECU I IVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under NIA PER OTH- S E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 225-065 2025 City of Spokane Valley LLA' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10210 E Sprague Ave Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD �4/liant To Whom it May Concern: Attached please find the requested certificate. To comply with green standards, Alliant will no longer be mailing out hard copies of certificates. Please provide Kristina Phillips Kristina.Phillips@alliant.com with an email address to send future certificates to. Please include the name of the insured. Thank you. Alliant Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 y4lliant Certificate Disclaimer Alliant Insurance has recently updated their procedures to minimize unnecessary errors. We will do so by adhering to the recommendations found in the recent Acord form manual and by maintaining compliance with state statutes. Alliant aims to ensure clarity and accuracy in coverage interpretation while also protecting the interests of clients and certificate holders. While we can still add specific details such as job numbers, contract names, event dates, or specific locations on certificates, Alliant cannot bind insurers to anything beyond what is specified in the applicable endorsement(s). If the Additional Insured or Waiver of Subrogation box is checked, individuals can refer to the applicable endorsement attached to their certificate for detailed coverage information. Ultimately, coverage is determined by the policy, its terms, individual endorsements and as established by the contract between the Named Insured and their client. Alliant Insurance Services, Inc. 818 W Riverside Ave Ste 800 Spokane, WA 99201 COMMERCIAL GENERAL LIABILITY CG 7124 06 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS, PRIMARY & NONCONTRIBUTORY, WAIVER OF SUBROGATION This endorsement modifies the coverage provided under the following Coverage Form(s): COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Coverage enhancements are listed below. For details of each coverage, please read the corresponding policy provisions in the body of this endorsement. 1. Additional Insureds - Automatic Status for 12 Additional Insured Types A. Automatic Status When Required In Written Contract Or Agreement (for Acts or Omissions In The Performance of Your Operations) B. Lessor of Leased Equipment C. Owners or Other Interests From Whom Land Has Been Leased D. Manager or Lessor of Premise E. Mortgagee, Assignee, or Receiver F. Controlling Interest G. Co-owner Of Insured Premises H. Executors, Administrators, Trustees Or Beneficiaries I. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises J. Any Person Or Organization You Are Performing Work For K. Vendors L. Grantor of Franchise 2. Primary and Noncontributory - Other Insurance Condition 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Additional Insureds - Automatic Status for 12 Additional Insured Types Section II - Who Is An Insured is amended to include the following as additional insureds when you have agreed to add that person or organization as an Additional Insured on your policy in a written contract or written agreement with that person or organization, or because of a permit issued by a state or political subdivision; provided the injury or damage occurs subsequent to the execution of the contract or agreement or issuance of the permit and while the contract, agreement or permit remains in effect. A. Automatic Status When Required In Written Contract Or Agreement (for Acts or Omissions In The Performance of Your Operations) 1) A person or organization with respect to liability for: a. "Bodily injury" or "property damage" not included in the "products - completed operations hazard"; or b. "Personal and advertising injury"; caused by, in whole or in part, your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your operations. CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 1 of 5 A0239441 with its permission. 03/21/2025 Middlesex Insurance Company 11ala542-98a1-4t(2-ac29-2954e8b9cld1 2) With respect to insurance afforded to This exclusion applies even if the claims these additional insureds, the following against any insured allege negligence or additional exclusion applies: other wrongdoing in the supervision, This insurance does not apply to "bodily hiring, employment, training or injury", "property damage" or "personal monitoring of others by that insured, if and advertising injury" due to rendering of the 'occurrence" which caused the or failure to render any professional "bodily injury" or "property damage", or service. This includes but is not limited to: the offense which caused the "personal a. Legal, accounting or advertising and advertising injury", involved the services; rendering of or failure to render any b. Preparing, approving, or failing to professional service. or a prepare pprove, maps, shop B. Lessor of Leased Equipment drawings, opinions, reports, surveys, 1) Any person(s) or organization(s) with field orders, change orders or drawings respect to liability for "bodily injury", or specifications; "property damage" or "personal and c. Inspection, supervision, quality control, advertising injury" caused, in whole or in architectural or engineering activities part, by your maintenance, operation or done by or for you on a project on use of equipment leased to you by such which you serve as construction person(s) or organization(s). manager; 2) With respect to the insurance afforded to d. Engineering services, including related these additional insureds, this insurance supervisory or inspection services; does not apply to any 'occurrence" which e. Medical, surgical, dental, X-ray or takes place after the equipment lease nursing services treatment, advice or expires. instruction; C. Owners or Other Interests From Whom f. Any health or therapeutic service Land Has Been Leased treatment, advice or instruction; 1) Any person(s) or organization(s) with g. Any service, treatment, advice or respect to liability for "bodily injury", instruction for the purpose of "property damage" or "personal and appearance or skin enhancement, hair advertising injury" caused, in whole or in removal or replacement, or personal grooming or therapy; part, by you or those acting on your behalf in connection with the ownership, h. Any service, treatment, advice or maintenance or use of that part of the land instruction relating to physical fitness, leased to you by the additional insured including service, treatment, advice or person(s) or organization(s). instruction in connection with diet, cardiovascular fitness, bodybuilding or 2) With respect to the insurance afforded to physical training programs; these additional insureds, the following i. Optometry or optical or hearing aid additional exclusions a I pp y: services including the prescribing, This insurance does not apply to: preparation, fitting, demonstration or a. Any 'occurrence" which takes place distribution of ophthalmic lenses and after you cease to lease that land; similar products or hearing aid devices; j. Body piercing services; b. Structural alterations, new construction or demolition operations performed by k. Services in the practice of pharmacy; or on behalf of the additional insured I. Law enforcement or firefighting person(s) or organization(s). services; and m. Handling, embalming, disposal, burial, cremation or disinterment of dead bodies. Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 11 ala542-98a1-4ft2-ac29-2954e8b9ctd1 CG 7124 06 22 03/21 /2025 D. Manager or Lessor of Premise Any person(s) or organization(s) with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of the premises leased to you by the additional insured person(s) or organization(s), subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after you cease to be a tenant in that premises. 2) Structural alterations, new construction or demolition operations performed by or on behalf of the person(s) or organization(s) shown in the Schedule. E. Mortgagee, Assignee, or Receiver Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of the ownership, maintenance or use of a premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for such additional insured person(s) or organization(s). F. Controlling Interest 1) Any person(s) or organization(s) with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. 2) This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. G. Co-owner Of Insured Premises Any person(s) or organization(s) with respect to their liability as co-owner of a premises coowned by you and covered under this insurance. H. Executors, Administrators, Trustees Or Beneficiaries Any executor, administrator, trustee or beneficiary of your estate or living trust while acting within the scope of their duties as such. 1. State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits Or Authorizations Relating To Premises Any state or governmental agency or subdivision or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: 1) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or 2) The construction, erection or removal of elevators; or 3) The ownership, maintenance or use of any elevators covered by this insurance. J. Any Person Or Organization You Are Performing Work For Any person(s) or organization(s) 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: 1) In the performance of your ongoing operations; or 2) In connection with your premises owned by or rented to you. K. Vendors 1) Any person(s) or organization(s) (referred to throughout this endorsement as vendor), but only with respect to liability for "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. However: a. The insurance afforded to such vendor only applies to the extent permitted by law; and CIS 7124 06 22 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 11ala542-98a1-4ff2-ac29-2954e8b9c1d1 Page 3 of 5 03/21 /2025 b. If coverage provided to the vendor is required by a contract or agreement, the insurance afforded to such vendor will not be broader than that which you are required by the contract or agreement to provide for such vendor. 2) With respect to the insurance afforded to these vendors, the following additional exclusions apply: a. The insurance afforded the vendor does not apply to: 1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2) Any express warranty unauthorized by you; 3) Any physical or chemical change in the product made intentionally by the vendor; 4) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or 8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. L. Grantor of Franchise Any person(s) or organization(s) with respect to their liability as grantor of a franchise to you. However: 1. The insurance afforded to such additional insureds only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. If there is any difference in coverage afforded to an additional insured in this endorsement and Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 11ala542-98a1-4ft2-ac29-2954e8b9cld1 CG 7124 06 22 03/21 /2025 that provided under another additional insured endorsement attached to this policy, the broader coverage will apply to that additional insured. 2. Primary And Noncontributory Insurance The following is added to the Other Insurance Condition and supersedes any provision to the contrary: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 3. Waiver Of Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation) - Automatic The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - Conditions: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. CG 71 24 06 22 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 A0239441 with its permission. 03/21/2025 Middlesex Insurance Company 11ala542-98a1-02-ac29-2954e8b9cld1 COMMERCIAL AUTO CA 70 57 06 22 SPECIAL BROAD FORM AUTO ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. Broadened Who Is An Insured Under Section II - Covered Autos Liability Coverage, the following is added to Coverage A.1. Who Is An Insured: d. Employees As Insureds Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or personal affairs. e. Newly Acquired Organizations Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 1. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period; whichever is earlier; and 2. Coverage does not apply to "bodily injury", "property damage" or "covered pollution cost or expense" that occurred before you acquired or formed the organization. f. For Any Covered "Auto": Who Is An Insured is amended to include as an insured any organization or subsidiary thereof which is a legally incorporated entity of which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement. This provision applies only if there is no similar insurance available to the entity described above. 2. Additional Insured by Contract, Agreement or Permit SECTION II - LIABILITY COVERAGE, Paragraph A.1. Who is An Insured is amended to include the following as an "insured": A. Any person or organization, where you have agreed by written contract to add as an additional insured, is an insured but only to the extent that person or organization qualifies as an "insured" under the Who is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto Coverage Form. The insurance afforded under this provision only applies if the "bodily injury" or "property damage" occurs: 1. During the policy period, and 2. After the execution of such written contract, and 3. Prior to the expiration of the period that the written contract requires such insurance to be provided to the additional insured. B. This insurance is primary to and will not seek contribution from any other auto insurance issued to the person or organization in the schedule under your policy provided that: 1. The person or organization is a Named Insured under such other insurance; and 2. Prior to the "accident" you have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the person or organization. 3. Waiver of Transfer of Rights of Recovery The Transfer of Rights of Recovery Against Others to Us Condition does not apply to any person(s) or organization(s) for whom you are required to waive subrogation with the respect to coverage provided under this Coverage Form, but only to the extent that subrogation is waived: A. Under a written contract or agreement with such person(s) or organization(s), and B. Prior to the "accident" or the "loss." 4. Broadened Supplementary Payments Coverage Extension 2.a. Supplementary Payments under Section II - Covered Autos Liability Coverages is amended as follows: A. Paragraph 2.a.(2) is amended to pay up to $3,000 for cost of bail bonds; and CA 70 57 06 22 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 09f0abb6-ee33-4fe1-bafa-f4e665efb624 Page 1 of 4 03/21 /2025 B. Paragraph 2.a.(4) is amended to pay for loss of earnings up to $500 a day because of time off from work. 5. Fellow Employee Bodily Injury Extension The Fellow Employee exclusion contained in Section II - Covered Autos Liability Coverage does not apply. 6. Accidental Airbag Discharge The following is added to Exclusion B.3.a. under Section III - PHYSICAL DAMAGE: This exclusion does not apply to the accidental discharge of an airbag in a covered auto for a loss that Physical Damage Coverage is shown in the Declarations. 7. Towing (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. 9. Rental Reimbursement A. For any covered "auto" for which Comprehensive and Collision coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". We will pay up to the limit shown in the B. Declarations for towing and labor costs incurred each time a covered "auto" that is a private passenger type, light truck or medium truck is disabled. However, the labor must be performed at the place of disablement. 8. Physical Damage Coverage Extensions The following replaces the Coverage Extensions under Section III - PHYSICAL DAMAGE: a. Transportation Expenses We will pay up to $75 per day to a maximum of $1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger, truck or van type with a Gross Vehicle Weight of less than 10,000 pounds. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expense if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; We will pay up to the limit shown in the Declarations for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". No deductibles apply to this coverage. C. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: 1. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. 2. The number of days shown in the Schedule. D. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred. 2. The maximum payment stated in the Schedule applicable to "any one day" or "any one period". E. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. F. If "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under the Physical Damage Coverage Extension. Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 0910abb6-ee33-41e1-bafa-f4e865efb624 CA 70 57 06 22 03/21 /2025 G. Our payment under this coverage extension is excess over any other rental reimbursement coverage available to you. 10. Hired Auto Physical Damage A. If you have Comprehensive or Specified Causes of Loss and Collision Coverages provided on your owned "autos" you may extend Physical Damage Coverage to any "autos" you lease, hire, rent or borrow; provided you have Liability Coverage for hired "autos". B. The hired "auto" must be of like kind and used as the "autos" owned and covered under this Coverage Form. C. The most we will pay for "loss" to any hired "auto" in any one "accident" is the least of the following amounts: (1) $75,000 (2) The actual cash value of the hired "auto" at the time of the "loss" (3) The cost of repairing or replacing the hired auto" with other property of like kind and quality D. The following deductible provisions apply: (1) The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage shown in the Declarations. E. Any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto" under this coverage extension. 11. Auto Loan And Lease Gap Coverage Section III - PHYSICAL DAMAGE is amended by the addition of the following: A. In the event of a total "loss" to a covered "auto" shown in the Declarations, we will pay any unpaid amount due on the lease or loan for a covered "auto", less: (1) The amount paid under the policy's Physical Damage Coverage; and (2) Any: (a) Overdue or any deferred lease/loan payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. B. This coverage extension applies to covered autos that are loaned or leased for a period of six months or longer and which have been provided Physical Damage Coverage. The "loss" must be caused by damage for which coverage is shown in the Declarations. C. For the purposes of this clause, the following is added to the Other Insurance Condition in the Business Auto Coverage Form: The insurance provided by the Auto Loan and Lease Gap Coverage is excess over any other collectible insurance including but not limited to any coverage provided by or purchased from the lessor or any financial institution. 12. Personal Effects The following is added to A.4. Coverage Extensions under Section III - Physical Damage Coverage: A. We will extend Physical Damage Coverage on a covered "auto" to include personal property owned by you, a relative or an "employee" that is in the covered "auto" at the time of "loss". The "loss" must be caused by damage for which coverage is shown in the Declarations. There must be evidence of forced entry for loss caused by theft. B. The exclusion referring to tapes, records, discs or other similar audio, visual or data electronic devices designated for use with audio, visual or data electronic equipment does not apply. C. The most we will pay for any one "loss" under this coverage extension is $2,000. No Physical Damage Coverage deductible applies to this coverage extension. D. Coverage provided by this Personal Effects extension is excess over any other collectible insurance. E. The coverage extension does not apply to the following property: (1) Any device designed or used to detect speed -measuring equipment such as radar or laser detectors and any jamming apparatus intended to elude or disrupt speed -measurement equipment; (2) Tools; (3) Jewelry, precious metals and loose gems; (4) Money and securities; or CA 70 57 06 22 Includes copyrighted material of Insurance Services Office, Inc., A0239441 with its permission. Middlesex Insurance Company 09f0abb6-ee33-4fe 7-bafa-f4e665e fb624 Page 3 of 4 03/21 /2025 (5) Property specifically insured or covered under the Business Personal Property Coverage of this policy. 13. Glass Deductible Under Section III - PHYSICAL DAMAGE, the following is added to A.3. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles Coverage: The Comprehensive Coverage deductible shown in the Declarations does not apply to glass breakage if such glass is repaired rather than replaced. 14. Broad Knowledge Of Accident, Claim, Suit Or Loss Under Section IV - Business Auto Conditions, the following is added to Loss Conditions A.2. Duties In The Event Of Accident, Claim, Suit Or Loss: Knowledge of an "accident", claim, "suit" or "loss" by an agent or "employee" of an insured or receipt of any demand, notice, summons or other legal paper in connection with a claim or "suit" by any agent or "employee" of any insured shall not in itself constitute knowledge of the named insured or receipt of the named insured, unless a partner, member, manager, executive officer or director shall have such knowledge or shall have received such demand, notice, summons or legal paper. 15. Unintentional Failure To Disclose Hazards Under Section IV - Business Auto Conditions, the following is added to General Conditions B.2. Concealment, Misrepresentation Or Fraud: If in your representations to us you unintentionally failed to disclose all hazards and exposures subject to this insurance, we shall not deny all coverage under this policy because of such oversight. 16. Mental Anguish A. The definition of "bodily injury" under Section V - Definitions is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including "mental anguish" or death resulting from any of these at any time. B. The following definition is added to Section V - Definitions: "Mental anguish" means extreme pain or distress inflicted upon an individual's emotional and intellectual condition with regard to the individual's response to the environment. Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., CA 70 57 06 22 A0239441 with its permission. 03/21/2025 Middlesex Insurance Company 09f0abb6-ee33-4fe 1-bafa-McMefb624