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25-125.00GeoEngineersRidgemontEstatesStormwaterImprovementsContract No. 25-125 ' ► 1 � ':1 1�• C GeoEngineers THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Geoengineers, 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, 2025, unless the time for performance is extended in writing by the Parties. Agreement for Professional Services (with professional liability coverage) Page 1 of 8 Contract No. 25-125 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by 10 days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $50,921.00 as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below -stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Marci Patterson, City Clerk Phone: (509) 720-5000 Address: 10210 East Sprague Avenue Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Jonathon Rudders Phone: 509-363-3125 Address: 523 E. 2nd Avenue Spokane, Washington 99202 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 that are in effect during the term of this agreement and to the extent required by the professional standard of care. 7. Certification Regarding Debarment. Suspension. and Other Reslionsibilila, Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a Agreement for Professional Services (with professional liability coverage) Page 2 of 8 Contract No. 25-125 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 0001. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury, and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with Agreement for Professional Services (with professional liability coverage) Page 3 of 8 Contract No. 25-125 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 tocontain, the following provisions for automobile liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or self -insured pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall provide City and all additional insured for this work with written notice of any policy cancellation within two business days of their receipt of such notice. 3. If Consultant maintains higher insurance limits than the minimums shown above, City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement, upon which the City may, after giving at least five business days' notice to Consultant to correct the breach, immediately terminate the Agreement, or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII and A:V for Professional Liability. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish the City with original certificates and a copy of the amendatory Agreement for Professional Services (with professional liability coverage) Page 4 of 8 Contract No. 25-125 endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Agreement before commencement of the work. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature to the extent caused by the willful 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. Asydonment 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 to anyone other than its employees' agents, and subcontractors and subconsultants on a need to know basis without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant further agrees that the Arbitrator(s)' decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement for Professional Services (with professional liability coverage) Page 5 of 8 Contract No. 25-125 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. E. Sanctions for Noncompliance. In the event of a Consultant's noncompliance with the non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the WSDOT may determine to be appropriate, including, but not limited to: Agreement for Professional Services (with professional liability coverage) Page 6 of 8 Contract No. 25-125 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); 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. §§ 1213 1 - Agreement for Professional Services (with professional liability coverage) Page 7 of 8 Contract No. 25-125 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures Non-discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); and Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. § 1681 et seq.). 23. Severability. If any section, sentence, clause, or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause, or phrase of this Agreement. 24. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services and Fee Proposal B. Insurance Certificates The Parties have executed this Agreement this CITY OF SPOKANE VALLEY Jo4rMofiman, City Manager APPROVED AS TO FORM: 71 day of / ,1,* ,fsr , 20 z >> Consultant: (Jco C.h •r. cc�SJ J,✓►G. �, O��L3'ZOZS By: To., a tl. a � 6. Ru Arles) AsSoc.tatc Its: Authorized Representative Agreement for Professional Services (with professional liability coverage) Page 8 of 8 GWENGINEER� 523 East Second Avenue Spokane, Washington 99202 509.363.3125 July 21, 2025 City of Spokane Valley 10210 East Sprague Avenue Spokane, Washington 99206 Attention: Chad Phillips, PE Subject: Proposal Revision No. 2 Supplemental Geotechnical Assessment Ridgemont Estates Stormwater Improvement Project Spokane Valley, Washington File No. 11264-044-01 Introduction GeoEngineers, Inc. (GeoEngineers) is pleased to present revision No. 2 of this proposal for supplemental geotechnical services related to the Ridgemont Estates Stormwater Improvement project area, which is located in the vicinity of the Ridgemont Estates neighborhood in Spokane Valley, Washington. This revision incorporates changes to the scope based on coordination with the City of Spokane Valley, which includes removal of scope items associated with obtaining right-of-way permits in advance of completing field activities. Our fee also has been adjusted to account for this scope change. This geotechnical assessment is focused on subsurface conditions in the vicinity of South Timberlane Drive, South Sonora Drive, East Cameron Court, and East 24th Avenue. This supplemental assessment area is located in the southwest portion of the Ridgemont Estates Stormwater Improvement project area. Previous hydrogeologic and geotechnical investigation services were conducted by GeoEngineers in 2024 for the Ridgemont Estates stormwater improvement project. Initial investigation efforts included hydrogeologic review, field exploration, monitoring well installation, water level monitoring and infiltration testing near South Vera Crest Drive and South Conklin Road as outlined in GeoEngineers' GeotechnicaI and Hydrogeologic Technical Memorandum dated January 7, 2025. The objective of the supplemental geotechnical assessment services proposed herein is to evaluate the suitability of shallow subsurface soils within the supplemental assessment area to support stormwater exfiltration through drywells. Project results will be used by the City of Spokane Valley (City) to identify and inform stormwater improvement alternatives for the supplemental assessment area. Additionally, the City is interested in refining pavement thickness design for major streets within the development by collecting site specific traffic counts. City of Spokane Valley I July 21, 2025 Page 2 Scope of Services The services described in this revised proposal will be performed under the supervision of a professional engineer or geologist licensed in the State of Washington. Our specific scope of services will consist of the following: TASK 1: SUBSURFACE EXPLORATION GeoEngineers' proposed subsurface exploration program consists of drilling explorations, soil sampling, and laboratory analyses, as described below. Up to eight drilled borings will be completed within the supplemental assessment area at locations identified in coordination with the City. GeoEngineers will conduct the following activities: ■ Coordinate with City personnel to identify the locations of project explorations. ■ Mobilize to/from the drill sites from our Spokane, Washington office. ■ Mark exploration locations for utility locating and submit a public utility locate request. ■ Subcontract a traffic control firm to provide temporary traffic control services which will include providing signs, cones, and flaggers, as necessary, during drilling operations. Traffic control will be based on temporary traffic control plans approved by the City. ■ Advance up to eight explorations to depths of about 20 to 40 feet below ground surface (bgs) or refusal (refusal refers to the inability of the drill equipment to advance further after encountering dense soil or rock) using GeoEngineers'truck-mounted CME-75 hollow -stem auger drill rig. During drilling operations: ❑ Soil samples will be collected with split spoon samplers at 2.5-foot intervals from ground surface to approximately 10 feet below ground surface (bgs) followed by 5-foot sampling intervals from 10 feet bgs to termination depth. ❑ A representative of GeoEngineers will classify encountered subsurface materials and develop a boring log for each exploration in general accordance with ASTM International (ASTM) D2487. ❑ Explorations will be backfilled in accordance with Washington State Department of Ecology guidelines and capped with asphalt consistent with existing grade. ■ Up to 16 soil samples will be submitted to GeoEngineers' soils laboratory for testing. We anticipate laboratory testing will consist of gradation analyses by ASTM International Method C136. Deliverables ■ This task is primarily field -related. Deliverables will be submitted as a component of our project report and include boring logs and results of gradation analyses. Assumptions ■ Utility marking and submittal of a locate request will be completed in 1 business day. ■ Drilling activities will be completed in 21/2 business days. ■ Explorations will be abandoned in accordance with Washington State Department of Ecology guidelines and finished to match existing grade. The borings will be patched with aggregate base and cold patch. ■ Right-of-way permit(s) will not be required for the drilling exploration program. File No. 11264-04401 CiWENGINEER� City of Spokane Valley I July 21, 2025 Page 3 Schedule ■ Exploration and sampling schedule is dependent upon site access and drill rig availability; we anticipate conducting exploration activities within one to two months of receiving authorization to proceed. Depending on the timing of project authorization, we are tentatively scheduled to complete our exploration activities the week of August 4, 2025. TASK 2: DRYWELL TESTING GeoEngineers' proposed testing program consists of full-scale testing of existing drywells, as described below. Up to eightfull-scale drywell tests will be completed at the site, at locations identified in coordination with the City and based upon subsurface exploration findings. GeoEngineers will conduct the following activities: ■ Coordinate with City personnel to identify existing drywells for testing. ■ Mobilize to/from the testing sites from our Spokane, Washington office. ■ Subcontract a traffic control firm to provide temporary traffic control services which will include providing signs, cones, and flaggers, as necessary, during drywell testing operations. Traffic control will be based on temporary traffic control plans approved by the City. ■ Conduct up to eight full-scale drywell tests in general accordance with the 2024 Stormwater Management Manual for Eastern Washington. Deliverables ■ This task is primarily field -related. Deliverables will be submitted as a component of our project report and include drywell testing data and associated exfiltration rate analyses. Assumptions ■ Drywell testing activities will be completed in up to 8 business days. ■ The number and location of full-scale drywell tests could vary depending upon subsurface exploration results and direction from the City. ■ Right-of-way permit(s) will not be required for drywell testing operations. ■ Traffic control requirements and fees may vary depending upon selected drywell testing locations. Schedule ■ Drywell testing is proposed to be conducted after evaluation of preliminary subsurface exploration data and will be dependent upon site access and testing logistics. We anticipate conducting drywell testing activities within two to three weeks of completing subsurface exploration activities and siting coordination with City personnel, whichever occurs last. TASK 3. REPORTING AND PROJECT MANAGEMENT GeoEngineers will conduct the following activities pertaining to Reporting and Project Management: File No. 11264044-01 GEOENGINEERS City of Spokane Valley I July 21, 2025 Page 4 ■ Consolidate and evaluate collected exploration and testing data collected by GeoEngineers, and traffic count data collected by the City. ■ Prepare a geotechnical evaluation report, which will include the following: ❑ A site plan with boring exploration and drywell testing locations. ❑ Boring exploration logs. ❑ Results of geotechnical laboratory testing. ❑ A summary of subsurface soils and shallow groundwater conditions. ❑ Results of full-scale drywell testing. ❑ Conclusions regarding observed drywell performance and the suitability of encountered soils within the supplemental assessment area to support drywells. ❑ Recommendations for site preparation and earthwork, including the suitability of on -site material for use as structural fill. ❑ Identification of data gaps, if any, and associated recommendations for additional investigation. ❑ Updated pavement thickness design for selected pavements based on the results of traffic data provided by the City. ■ Perform project management activities (coordination, invoicing, meetings, scope development). Deliverables ■ Geotechnical Evaluation (draft and final). Assumptions ■ GeoEngineers' activities are not adversely affected by delays caused by subcontractors. Schedule ■ We anticipate having a draft report prepared three weeks after completion of drywell testing operations. Terms and Fee Summary GeoEngineers is committed to providing the personnel and resources necessary to execute the services proposed herein. We anticipate that our services will be completed in accordance with the mutually agreed -upon terms of an Agreement for Professional Services between the City and GeoEngineers. Our services will be completed in accordance with a negotiated Agreement for Professional Services between the City and GeoEngineers, Inc. which will be prepared by the City. We assume that this scope of services, fee summary, and associated Schedule of Charges will be attached to and referenced in the agreement. The fee summary attached to this proposal is based on the scope of services defined in this document and associated assumptions. The fee for our services will be determined on a time -and -materials basis using the rates contained in our 2025 Schedule of Charges for Spokane, Washington, which are attached and form a part of this revised proposal. Any modifications to the scope, requests for additional services, or differing conditions affecting the fee will be agreed upon prior to proceeding. File No. 11264-044-01 GEOENGINEER� City of Spokane Valley I July 21, 2025 Page 5 A breakdown of our project fee summary is provided in the attached Table 1. There are no intended third - party beneficiaries arising from the services described in this proposal and no party other than the party executingthis proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers. This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc., after the expiration date. We appreciate the opportunity to submit revision No. 2 of this proposal and look forward to assisting you with this project. Please call should you have any questions regardingthe contents of this proposal or if you require additional information. Sincerely, GeoEngineers, Inc. Bryce K. Hanson, LG Jonathan E. Rudders, LG, LHG, CWRE Project Hydrogeologist Associate Hydrogeologist 'David R. Lauder, PE Associate Geotechnical Engineer BKH:JER:DRL:Imm Attachments Table 1. Fee Summary Schedule of Charges - Spokane 2025 File No. 11264-044-01 GMENGINEER� a m m Z N D N D 9D c N _ w � O N p w d o o o N � N — — D � 3 � o 3 3 v m r m o_ F-' O w m O m z 6) z m m O—�— 0 F ¢v co 0 0 0 � W C — N O 7 O C =, o to A O d 0 >_ C » cn O O C, �p1 F (D (fJ O' a > > x c a � a ° N a o d n m 0 3 3 f/1 d 3 (7 m m m O o 0 0 O W 7 N ^ O O O 0 N N c N 1 C C O c d Z O N N O N 6 O d O d G � N O N O O O N m w n � � N A Q� to J O Ea � � En m w cn Ea V p cx� O] A 2A � o D � V cn � O m v, D 3 � N N O O m N � N EA A H3 � H3 o A X O y A A N p A O N N O O O O O V O O V N O C tD m o w A N <o n N n m 0 o C1 9 N cr j CD v m � m m m c d o' Page 1 of 3 Schedule of Charges - 2025 COMPENSATION Our compensation will be determined on the basis of time and expenses in accordance with the following schedule unless a lump sum amount is so indicated in the proposal or services agreement. Current rates are: PROFESSIONAL STAFF Staff 1 Scientist - $ 134/hour Staff 1 Engineer $ 142/hour Staff 2 Scientist $ 148/hour Staff 2 Engineer g� $ _ 154/hour Staff 3 Scientist $ 164 hour Staff 3 Engineer $ 170/hour Project Scientist 1 $ 171/hour Project Engineer 1 $ 178/hour Project Scientist 2 $ 183/hour Project Engineer 2 $ 190/hour Senior Scientist 1 $ 194/hour Senior Engineer 1 $ 205/hour Senior Scientist 2 $ 205/hour Senior Engineer 2 $ 225/hour Associate _ 248/hour Principal �— _$ $ 280/hour Senior Principal _. $ 290/hour — TECHNICAL SUPPORT STAFF �— Administrator 1 $ ; 90/hour Administrator 2� $ 100/hour Administrator 3 $ 106/hour CAD Technician $ 116/hour CAD Designer $ 132/hour Senior CAD Designer $ 158/hour GIS Analyst $ 145/hour Senior GIS Analyst $ 155/hour GIS Coordinator $ 165/hour *Technician $ 92/hour *Senior Technician $ 103/hour *Lead Technician Geotechnical Construction Specialist Environmental Database Mana er Health and Safety Specialist Health and Safety Manager $ $ $ 1 JJ $ 120/hour 155/hour 171/hour 126/hour 169/hour *Hours in excess of 8 hours in a day or 40 hours in a week will be charged at one and one-half times the hourly rates listed above. Contracted professional and technical services will be charged at the applicable hourly rates listed above. Staff time spent providing expert services in disputes, mediation, arbitration and litigation will be billed at one and one-half times the above rates. Time spent in either local or inter -city travel, when travel is in the interest of this contract, will be charged in accordance with the foregoing schedule. A surcharge may be applied to night and weekend work. See proposal for details. Rates for data storage and web -based access will be provided on a project -specific basis. Associated Project Costs (APC) Associated Project Costs (APC) equal to six percent (6%) of professional fees will be assessed. This fee allows GeoEngineers to invest in the necessary infrastructure to ensure we provide our clients with the latest technological and data security standards. The investments include maintaining and advancing technical tools and platforms across all aspects of our business, and strengthening our defenses against cyberthreats to ensure data remains secure. These costs are not included in our hourly rates or direct expenses. Schedule_Spokane-Boise-Kennewick-2025 G EO ENG I N E E R5� Page 2 of 3 EQUIPMENT Air Quality Monitoring Package, per day Asbestos/Lead Paint Sampling Equipment Package, per day Environmental Exploration Equipment Package, per day Field Exploration Equipment Package (marking paint, stakes, survey flagging, other misc. supplies) Geotechnical Exploration Equipment Package, per day Groundwater Monitoring & Sampling Equipment (Bladder Pump) Package, per day Groundwater Monitoring & Sampling Equipment (Peristaltic Pump) Package, per day Surface Water Quality Monitoring Equipment Package, per day Operations and Maintenance Equipment Package, per day Wenner Soil Resistivity Equipment (Base Kit) Wenner Soil Resistivity Equipment (Extension Kit) Rock/Slope Fall Protection / Rigging Equipment Package, per day SPECIALIZED EQUIPMENT � 4 Gas Detection Meters, per day Backpack Water Pump (Fire Suppression) Coring Machine $ 210.00 $ 160.00 $ 230.00 $ 50.00 $ 175.00 $ 460.00 $ 330.00 $ 200.00 $ 300.00 $ 300.00 $ 250.00 $ 700.00 $ 150.00 35.00 250.00 $ $ Crack Gage _ _ $ 30.00 Field Data Acquisition Equipment - iPad or GPS Fire Hose (per 50 ft section/day) Flow Meter, per day $ 75.00 25.00 150.00 $ $ Generator Grundfos Sampling Pump Hand Auger Hand Boring- DCP Probe $ $ 137.00 55.00 $ 30.00 _ 150.00 $ Hand Boring- Wildcat $ 110.00 Hand Boring - Wildcat (TIPS, each) Hydro Multi Meter Probe, per day Interface Probe, per day $ 28.00 $ 80.00 65.00 $ Measuring Wheel Nuclear Density Gauge, $80/day, or $40/half-day Peristaltic Pump -_ _ $ $ 10,00 80.00/40.00 - 25.00 $ pH Testing Meter PhotoionizationDetector (PID), per day Pressure Transducer with Data Logger, per day I Roto-Hammer and Bits, per day Self -Level Laser, per day Slope Indicator, per day $ 45.00 $ 130.00 155.00 50.00 100.00 160.00 $ $ $ $ Tape Measures (300'), per day Turbidity Monitoring Meter, per day Water Level Indicator, per day Vehicle usage, per mile, or $60/half-day, whichever is greater Vehicle - 4-Wheel Drive Truck, per day (1 day min.) $ 10.00 50.00 50.00 $ $ $ 0.70 $ 100.00 Specialized and miscellaneous field equipment not listed above will be quoted on a project -specific basis. OTHER SERVICES, SUPPLIES AND SPECIAL TAXES Charges for services, equipment, supplies and facilities not furnished in accordance with the above schedule, and any unusual items of expense not customarily incurred in our normal operations, are charged at cost plus 15 percent. This includes shipping charges, subsistence, transportation, printing and reproduction, miscellaneous supplies and rentals, surveying services, drilling equipment, construction equipment, watercraft, aircraft, and special insurance which may be required. Taxes required by local jurisdictions for projects in specific geographic areas will be charged to projects at direct cost. In -House Disposable Field Supplies Routinely used field supplies stocked in-house by GeoEngineers, at current rates, list available upon request. Schedule_Spokane-Boise-Kennewick-2025 G EO E NG I N E E RS Page 3 of 3 Laboratory Schedule of Charges TYPE OF TEST Moisture Content / Oven (ASTM D2216) Sample Preparation Extrusion - Extrude and log (visual classification) Shelby tube sample, per hour Trimming - Trim a soil sample to 2.41-inch dia. for consolidation testing, per hour Remolding - Remold a soil sample to desired moisture and density, per hour Moisture/Density _ _ _ _ Rings Shelby Tubes, waxed chunk Tubes (liners), chunk Organic Content (ASTM D2974)** Particle Size Analysis Sieve (ASTM C136) max size < 3/4-inch (includes -200 Wash, Dry Sieve) Sieve (ASTM C136) max size > 3/4-inch (includes -200 Wash, Dry Sieve) Percent Passing No. 200 (ASTM C117-87/D1140) Combined Sieve and Hydrometer (ASTM D422) Hydrometer only (ASTM D422) Atterberg Limits (ASTM D4318) Nonplastic Specific Gravity, Fine Material (ASTM D854) Specific Gravity, Coarse Material (ASTM C-127) Percent of Fracture (ASTM D5821)� Sand Equivalent (AASHTO T 176, ASTM D-2419) Compaction (ASTM D1557/D698, Methods A, B and C, AASHTO T-180) 4 points Direct Shear (ASTM D3080) 3 points _ R-Value (ASTM D2844, Idaho T-8) Consolidation (ASTM D2435) With 2 timed load increments Permeability Constant or falling head in rigid wall permeameter (ASTM D 2434, D 5856)** In triaxial cell with back pressure saturation (ASTM D 5084)** One -Dimensional Swell (ASTM D4546) Method A** Method B** Method C** CBR (3 point) with Proctor (ASTM D1883) Rock Point Load Index Test (ASTM D5731) Unconfined compressive strength of rock cores (ASTM D7012) High Strength Grout Cubes (ASTM C109) Compressive Strength of Drilled Concrete Core (ASTM C 42) UNIT PRICE* 32.00 70.00 70.00 70.00 37.00 53.00 53.00 80.00 $ ' 120.00 $ 125.00 $ 65.00 $ 235.00 $ 130.00 $ 135.00 $ 95.00 $ 95.00 $ 80.00 55.00 F-85.00 OK411101 470.00 525.00 470.00 $ 370.00 $ 840.00 $ 525.00 $ 525.00 $ ( 780.00 $ 630.00 $ 47.00 $ 58.00 $ 32.00 $ 58.00 Other tests charged at negotiated rates *Unit prices reflect a typical standard turnaround time of 5 to 7 business days for most analyses (with the exception of consolidation tests). Expedited test results are subject to 50% to 100% surcharge and are subject to lab availability to meet the expedited schedule. *Increase unit prices by 20 percent - 50 percent for contaminated samples. ** Conducted in our Redmond Laboratory, additional shipping charges may apply. All rates are subject to change upon notification. Sched u le-Spoka ne-Boise-Ken newick-2025 GEOENGINEERSL Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera, CA 94925 DATE 07/24/25 CERTIFICATE HOLDER City of Spokane Valley Attn: Chad Phillips 10210 East Sprague Avenue Spokane Valley, WA 99206 FF T-E-RRA INSURANCE COMPANY CERTIFICATE OF INSURANCE 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 225019 01 /01 /25 12/31 /25 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION 11264-044-01 City of Spokane Valley - Ridgemont Geotechnical Assessment 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 GeoEngineers, Inc. Portland DT 5820 S. Kelly Avenue, Unit B Portland, OR 97239 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President Client#: 326119 GEOENINC2 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE /DD/YYYY) /24/2025 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Teren Hopstad USI Insurance Services NW CL PHONE FAX Ext : 206 441-6300 A/C No 362-8530 ( a �o: 610 601 Union Street, Suite 1000 ADDRESS: teren.hopstad@usi.com Seattle, WA 98101 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Liberty Insurance Corporation 42404 INSURED INSURER B : Ironshore Specialty Insurance Co 25445 GeoEngineers, Inc. 17425 NE Union Hill Road, Suite 250 INSURER C : Redmond, WA 98052 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: RFVISION NIIMRFR- 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 CONTRACTOR 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. INSP LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM,DD%YYYV LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE EX OCCUR X X TM7Z91480408035 6/30/2025 06/30/2026 EACH OCCURRENCE $1 000 000 PREMISESOEs occur ante $1 000 000 MED EXP (Any one person) $1 O 000 PERSONAL & ADV INJURY $ 1 000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- n POLICY X JECT-I LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER. A AUTOMOBILE LIABILITY X X AS7Z91480408025 6/30/2025 06/30/202 EOa MBIN a.ideDISINGLE LIMIT 1,000,000 X BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY %� AUTOS ONLY BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAR N OCCUR X X TH7Z91480408055 6/30/2025 06/30/202 EACH OCCURRENCE $10,000,000 AGGREGATE $10,000,000 EXCESS LIAB CLAIMS -MADE (Follows Form) DED I X RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE V / N OFFICER/MEMBER EXCLUDED? � N / A X WC7Z91480408015 Includes: 6/30/2025 06/30/202 X PER OTH- E.L. EACH ACCIDENT $1 00O 000 E.L. DISEASE - EA EMPLOYEE $1 00O 000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below MEL, USL&H & Stop Gap E.L. DISEASE - POLICY LIMIT $1 .000,000 B Pollution Liab. X X ICELLUW00165635 6/30/2025 06/30/2026 $10,000,000 ea Claim $10,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: GeoEngineers Project No: 11264-044-01 - City of Spokane Valley - Ridgemont Geotechnical Assessment - East 24th, Avenue and South Timberlane Drive, Spokane Valley, WA 99037, Contract No. 25-125 The General Liability policy includes an automatic Additional Insured endorsement that provides Additional Insured status to City of Spokane Valley only when there is a written contract that requires such status, and only with regard to work performed by or on behalf of the named insured. t,�n r rrwra r � nvw�n GANC;tLLA I IUN City of Spokane Valley 10210 East Sprague Avenue Spokane, WA 99206 ACORD 25 (2016/03) 1 of 1 #S50217377/M49791518 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD TAGZP Policy Number TM7Z91480408035 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3. Damage To Premises Rented To You — Expanded Coverage Item 4. Bodily Injury To Co -Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments — Increased Limits Item 11. Aircraft With Chartered Crew Item 1. Reasonable Force Exclusion a. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. LC 04 61 01 17 © 2016 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. Paragraph 6. of Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" in Section V — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; D. The paragraph immediately following Paragraph (6) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section II —Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company)) or "volunteer workers" are insureds while in the course of their employment or while performing duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the course of his or her employment by you or while performing duties related to the conduct of your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is provided by this paragraph. B. The insurance provided by this Item 4. for "bodily injury" to a co -"employee" or "volunteer worker" will not apply if the injured co -"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or any similar law. LC 04 61 01 17 © 2016 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II — Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal and advertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added to Section V — Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians or designated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the "occurrence" or offense. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer" or "employee" that you have designated to give us notice. LC 04 61 01 17 © 2016 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 8. Unintentional Failure To Disclose Unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However, you must report such an error or omission to us as soon as practicable after its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" in Section V — Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type of mental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section I — Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Aircraft With Chartered Crew The following is added to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability: This exclusion does not apply to an aircraft that you do not own that is: (a) Chartered with a pilot by any insured; and (b) Not being used to carry any person or property for a charge collected or received by the insured. LC 04 61 01 17 © 2016 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission.