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10-020.00 Century West: Broadway Ave Safety ImprovementsAGREEMENT FOR PROFESSIONAL SERVICES Century West Engineering Corporation Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Improvements Project (CIP #0063) Contract No. 10 -_0 IL THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Century West Engineering Corporation, 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 The Consultant will provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work and promptly cure any failure in performance under this agreement. B. Representations The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by the City without additional compensation. 2. Term of Contract This agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 1 of 6 � 3. Compensation The City agrees to pay the Consultant $ 97,700.00 as full compensation for everything done under this agreement. 4. Payment The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. Notice Notice shall be given in writing as follows: TO THE CITY TO THE CONSULTANT Name: Christine Bainbridge, City Clerk Name: Dennis D. Fuller, President Phone Number: (509)921 -1000 Phone Number: (509)838 -3810 Address: 11707 East Sprague Ave, Suite 106 Address: 1825 N. Hutchinson Road, 2 " Floor Spokane Valley, WA 99206 Spokane Valley, WA 99212 6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationship of the Parties It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance The Consultant shall procure and maintain for the duration of the agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 2 of 6 recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 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 $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 3 of 6 b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self- insurance. 11. Indemnification and Hold Harmless The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, caused by Consultant's breach of any term or provision of this Agreement, or any negligent or wrongful act or omission by Consultant in the performance of this Agreement. The City shall defend, indemnify and hold the Consultant, its directors, officers, agents, and employees harmless from any and all claims, injuries, damages, losses or suits including attorney fees, caused by City's breach of any term or provision of this Agreement, or any negligent or wrongful act or omission by City in the performance of this Agreement. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance Title 51 RCW solely for the purposes of this indemnification. The Consultant waives immunity under Title 51 RCW from claims, suits and damages from Consultant's employees. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 12. Waiver No officer, employee, agent or other individual acting on behalf of either party has the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or 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. 13. Assignment and Delegation Neither party shall assign, transfer or delegate any or all of the Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 4 of 6 responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Subcontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, attorney fees payable by the prevailing party shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. 19. Anti - kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severability If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of services 2. Insurance Certificates Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this agreement this 2010. • h�. • : CIO ATTES Christine Bainbridge, City day of Consultant: W st Engineering Corp President REDACTED Tax ID No. APPROVED AS TO FORM: Office of qe City Attorwy This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services— Design, Right -of -Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 6 of 6 EXHIBIT A -1 PRELIMINARY SCOPE of WORK Local Agency: Local Agency Project No: Consultant: Consultant Project No: Project Title: Work Description: City of Spokane Valley, Washington Century West Engineering Corporation Broadway Ave. Safety Improvements Project Project Engineering (Design) Phase OBJECTIVE The Owner's objective in this Agreement is for the Consulting Engineer to provide evaluation and design engineering services for safety improvements to existing street. The Consultant will provide the professional services required to bring the project to bid with direction, review, and support provided by the City. The Consultant will prepare plans, specifications and estimates to bid the project and will coordinate with other regulatory agencies and affected parties as required. PROJECT DESCRIPTION Project Limits: Broadway Ave. from Park Rd to Pines Rd. Approximate length = 3.0 miles. The project involves restriping the pavement, signal modifications, ADA upgrades and crosswalk upgrades. The new road geometry will include two travel lanes (one in each direction), one center turn lane, two bike lanes, and ADA compliant sidewalk ramps. SCHEDULE Pre - Design Report: March 12, 2010 50% Design: April 9, 2010 90% Design: May 14, 2010 Final Bid Package: May 28, 2010 Schedule is based on a notice to proceed issued by February 5 t ', 2009, and City review times on submittals not exceeding 5 days. Issues may arise that are out of the control of the Consultant that could have an impact on the schedule. The Consultant will keep the City informed of these issues if they arise. PROJECT SCOPE The Consultant shall provide the following services for the Broadway Avenue Project: 3110. PRELIMINARY ENGINEERING/ CONCEPT DESIGN (PE /CD) PHASE 1.1 Project Kick -Off Meeting: A project "kick -off' meeting shall be held to discuss the project scope and objectives. 1.2 Collect Available Data: Consultant shall collect available data on existing property, utilities, and structures in the project area, from existing records. Consultant shall incorporate this information into the Base Maps and Contract Documents. City of Spokane Valley Scope of Work 1 Broadway Ave Safety Project 2/5/2010 1.3 Obtain Project Requirements: 1.3.1 Identify Utility Work: Consultant will develop a Vicinity Map and Site Map. Consultant will prepare the Utility Notifications for the project. The Consultant will mail the notification to all utility purveyors in the project area, and receive responses. The Consultant will notify the City of any utility purveyors who currently own or plan to construct, relocate, and/or otherwise modify their facilities within the scope of this project. 1.3.2 Meetings with Departments / Agencies: The Consultant shall facilitate up to two (2) meetings with the City's Public Works staff, Avista Utilities, Modern Electric, Qwest, Comcast Cable, and other Agencies. Consultant will present and review, traffic issues, pavement design, drainage issues, utility concerns, right -of -way concerns, and other coordination issues prior to the Preliminary Design phase. The Consultant shall coordinate with these agencies to resolve design issues and mitigate potential construction conflicts and access issues. The Consultant may request field investigations be performed by the Agency and local Utility purveyors to more accurately locate the utilities. 1.3.3 Establish Design Standards: The City shall provide examples of Design Standards for the Plans and Specifications. The City will provide AutoCAD drafting standards and an electronic copy of its standard drawing template, which will serve as a design template for the Consultant. 1.3.4 Concept Layout: The Consultant will develop preliminary cross - section and plan view based on the approved lane configurations. Each cross - section will show the existing right -of -way, existing roadway, and proposed back of sidewalk. Where widening is required, these preliminary cross - sections will also show the proposed right -of -way acquisition areas. 1.4 Assess and Estimate Right -of -Way Needs: 1.4.1 Consultant shall make initial identification of parcels affected by ROW "takes" from Conceptual Layout and field survey data. 1.4.2 Determine Ownership: Consultant will review parcel numbers with County records for overview of ownership of affected parcels. 1.5 Topographic Survey and Base Maps: Consultant will conduct a limited topographic field survey to determine the physical layout of the existing sidewalk corners, and locate existing traffic and crosswalk signal junction boxes and conduits. 1.5.1. Research publicly - available records for information on controlling corners for the alignment of Broadway Avenue. 1.5.2. Perform a survey to locate controlling corners and /or corner references to establish the centerline alignment of Broadway Avenue. 1.5.3. Perform surveys to establish two (2) topographic control points at each signalized intersection along Broadway Avenue and at 3 mid -block cross walks. City of Spokane Valley Scope of Work 2 Broadway Ave Safety Project 2/5/2010 1.5.4. Perform topographic surveys of signalized intersections and mid -block cross walks for sidewalk ramp improvements. Surveys shall locate all visible features at street corners and extend 10 feet around the curb returns and backs of sidewalk. 1.5.5 Horizontal control will be based on state plane coordinates. 1.5.6 Vertical control will be established from existing monuments, and will be based on NAVD 88 datum. 1.5.7 Field reconnaissance will be conducted to verify existing sidewalk and pavement widths and sidewalk clearance around utility poles, mailboxes and traffic signs. 1.6 Pedestrian Crossing Alternatives 1.6.1 At two locations, identify potential enhanced pedestrian crossing treatments. 1.6.2 Consultant shall attend (1) meeting with City and School Officials to discuss crossing treatment options and gather feedback. Consultant shall advise the City and project team on a preferred crossing treatment(s) based on anticipated cost, effectiveness of the treatment(s), and ability to construct. 1.7 Prepare Preliminary Engineering Design Report: Consultant will summarize findings and conclusions from the PE /CD tasks listed above, and submit two (2) copies of written report to the Owner. Report will include Design Standards, Concept Plan, Typical Roadway Sections, major Utility relocations, and Right of Way needs / status. Consultant will meet with Owner to receive comments and discuss the PE Design Report. Consultant will revise the PE Design Report as requested by the Owner. The Owner shall approve the final PE Design package before Consultant begins the Right of Way Acquisition process. 1.8 Cultural Resource Assessment: Consultant shall prepare project information to submit to Washington State Department of Historic and Archeological Preservation for initial assessment to comply with Executive Order 05 -05 review. 2120. PRELIMINARY DESIGN PHASE 2.1 Not Used 2.2 Pavement Condition Review 2.2.1 Evaluate Existing Information: Consultant will visually inspect the existing pavement to identify sections for pavement patching. 2.3 Permits and Environmental Documents: Not Used 2.4 Traffic Analysis • Traffic Data Collection: Collect weekday p.m. peak period turning movement counts at the following three intersections: • Broadway Avenue /Pines Road (4 -hour count) • Broadway Avenue /Bowdish Road (2 -hour count) City of Spokane Valley Scope of Work 3 Broadway Ave Safety Project 2/5/2010 o Broadway Avenue/University Road (2 -hour count) • The following data will be provided by the City: • Current signal timing plans for all signalized intersections on the corridor • Historical crash data/diagrams at the study intersections. The crash data/diagrams will be used to assist in identifying crash frequency, trends, and safety issues along the corridor. • Review Existing Signal Infrastructure: Consultant shall inspect existing traffic signal controllers, junction boxes and conduits to determine adequacy for proposed upgrades and modifications to traffic signals at the three signalized intersections outlined above. Evaluate the ability of the existing traffic signal controllers and cabinets to accommodate the implementation of flashing yellow arrow left -turn phasing. • Signal Mast Arm Review: Evaluate each approach at the three signalized intersections along the Broadway Avenue corridor to determine whether the existing mast arms are of sufficient length to accommodate a flashing yellow arrow indication. Contingency task — Upon Amendment to this contract, Consultant will conduct a structural analysis of at least two existing pole and mast arm arrangements to determine if additional loading associated with a flashing yellow arrow signal head can be accommodated • Evaluate Signalized Intersections: Consultant shall perform traffic analysis ofup to 3 signalized intersections (Pines, Bowdish, and University) located in the project limits. • Summarize traffic counts and estimate the existing levels of service during the weekday p.m. peak hour at the three intersections outlined above. • Based on either the left -turn phasing analysis guidelines provided in the Federal Highway Administration (FHWA) Signalized Intersection: Informational Guide or WSDOT left -turn phasing guidelines, evaluate opportunities to optimize the left -turn phasing for each left -turn movement at the seven signalized intersections along the study corridor. • Estimate the operational levels of service and anticipated queue lengths at the three intersections under the proposed lane configurations and left -turn phasing identified under this task during the weekday p.m. peak hour. • Prepare a technical memorandum summarizing the findings of the traffic analysis. Traffic Signal Plans: • Develop up to three (3) traffic signal plan sheets for three of the seven signalized intersections along the corridor (Pines, Bowdish and University). Anticipated plan sheets include: • One signal modification plan sheet (including flashing yellow arrow design where appropriate and changeout of pedestrian push buttons), • One loop /video detection modification plan sheet (including bicycle detection), and • One wiring diagram plan sheet (including review of existing conduit and junction boxes). • Consultant shall determine improvements necessary to comply with Washington State requirement for bicycle lane detection at signalized intersections. City of Spokane Valley Scope of Work Broadway Ave Safety Project 2/5/2010 • Develop the associated detail sheets for the signals. • Develop technical specifications for final bid documents. • Develop a detailed construction cost estimate for final bid documents. 2.4.1 Crosswalk Treatment Design: Consultant shall develop (1) plan sheet for two (2) crosswalk treatments along the corridor. 2.4.1.1 Scope and budget assumes that the selected treatments are pedestal /post mounted without mast arms. Should a solution requiring a mast arm be selected, additional analysis (e.g., geotechnical or structural analyses), which is not included in this scope and budget, may be required. 2.4.1.2 Develop one associated detail sheet for the selected pedestrian crossing treatments. 2.5 Begin Right -of -Way Acquisition 2.5.1 Right -of -Way Plans: Consultant shall develop R -O -W Plans following the completion of the Preliminary Engineering / Concept Design Phase. These Plans will include old and new right -of -way limits, ownership boundaries, parcel numbers, area to be acquired, and area of the remainder. Consultant will field stake proposed "take" areas for acquisition tasks. Overall R -O -W map shall be based upon City GIS parcel data. Detailed ROW information shall be gathered for only specific properties proposed for ROW takes or easements 2.5.2 Legal Descriptions: Consultant shall write legals for the areas to be acquired. 2.5.3 Order Title Reports: Consultant will order Title Reports with insurance for each parcel where right of way is to be acquired. Consultant will review reports for any items, including mortgages and contracts, which may need to be cleared. Consultant will execute necessary documents to clear title. Basis of Budget: 5 parcels. The City will be responsible for all payment to the title company. 2.5.4 Preliminary Funding Estimates: Based on the Right -of -Way Plans, the Consultant will estimate the cost of right -of -way acquisition for the project. Consultant will prepare a True Cost Parcel Worksheet for each parcel, and a True Cost Estimate Worksheet for the project, and will forward these to the City. 2.5.6 Meet with Property Owners: Consultant will request information that may be necessary to complete the appraisals, and will conduct a formal inspection with each property owner. Consultant shall meet with property owners throughout the Right of Way assessment and acquisition phases, to keep them informed about the project status. 2.5.7 Appraisals: It is not expected that "takes" with values greater than $25,000 will be encountered on this project. Therefore, Appraisals are not anticipated for this project. 2.6 Pavement Design: The City will provide a pavement section to be used for any pavement patching or repairs proposed for the project. City of Spokane Valley Scope of Work 5 Broadway Ave Safety Project 2/5/2010 2.7 Not Used 2.8 50% Plans: The 60% Plans will include existing utilities, GIS right of way data, parcel identification, mainline plan, preliminary curb and sidewalks, typical cross - sections with catch points and right -of -way takes, and location of storm drain inlets. 2.8.1 Preliminary Engineer's Estimate: The Consultant will estimate Construction Cost on the approximate quantities of work assumed in the 50% drawings. The Consultant will apply an estimated unit cost to each item, and will add a contingency amount appropriate to the completion status. 2.9 Not Used 2.10 Coordination Meetings and Reports: 2.10.1 Coordination Meetings with Agency: The Project Engineer shall attend two (2) meetings with the Agency's appointed manager to present and discuss plans for the project. Meetings shall be held to review progress, coordination issues, and preliminary alternatives regarding alignment, roadway features, and drainage plans, prior to the Design Phase. 2.11 Public Information Campaign: Near the 50% complete stage of the project, the Consultant shall prepare necessary information to assist the City in preparing an informational brochure to distribute to adjacent property owners that describes the scope of the project, expected impacts during construction, the safety needs addressed by the project, progress -to -date, and provide contact information to submit questions or concerns. The brochure shall be distributed by the City. 2.12 Complete Right -of -Way Acquisition 2.12.1 Offer Letters: Upon City signature of the appraisal review certificates (Determinations of Value), the Consultant will send Offer Letters to each landowner detailing the land to be purchased, the City's offer to purchase the property, and the rights available to that landowner. The possibility exists that the City may exercise eminent domain on the land, therefore, the offer letter will notify the landowner accordingly. 2.12.2 Negotiate Final Terms: Consultant will meet with each landowner to reach final settlement. Basis of Budget: 3 contacts with 5 property owners, 15 meetings total. 2.12.3 Purchase & Sale Agreements: The City shall provide its Standard Right -of -Way Agreement form to the Consultant. When final settlement is reached, each Agreement will be signed and forwarded to the City for final approval. The City shall authorize payment within 4 weeks of delivery of each purchase agreement. 2.12.4 Temporary Construction Permits: Consultant will meet with each property owner to obtain temporary construction permits for slopes and other work anticipated outside of City of Spokane Valley Scope of Work 6 Broadway Ave Safety Project 2/5/2010 the new right -of -way. These permits will be mailed to owners. The Consultant will attempt to get any unsigned permits in separate one -on -one meetings with the owner. Basis of budget: 5 parcels, 5 meetings. 2.12.5 Possession and Use: If final settlement cannot be reached with a property owner, the Consultant will attempt to secure a Possession and Use Permit. If unsuccessful, the Consultant will notify the City, and submit all pertinent parcel information. With assistance from the City, the Consultant will attempt to negotiate administrative Settlements on those parcels to secure the property, if negotiations fail, the City will take any further actions appropriate to secure the parcels. Basis of Budget: 2 parcels. 2.12.6 Close Transactions: Arrangements will be made for closing at a title company after the City has approved the purchase. The closing company will record all documents and the original will be sent to the City for their files. The City will be responsible for all payment to the title company. 2.12.7 Right -of -Way Certification: All files will be prepared for review by the State for certification of Right -of -Way. 3130. DESIGN PHASE 3.1 90% PS &E Package: The Consultant will prepare and submit four (4) copies of the Plans, Specifications, and Engineer's Estimate at 90% completion. 3.1.1 Quantity Calculations and Cost Estimates: The Consultant shall prepare a bid schedule including all anticipated bid items. Construction quantities shown in the bid schedule shall be as near as possible to the actual quantities. The Consultant shall apply an estimated unit cost of construction to the computed quantities. 3.1.2 Specifications: The WSDOT 2010 Standard Specifications, the City's Supplemental Specifications shall form the basis of the Specifications 3.1.3 90% Plans: The 90% Plans will include all roadway cross - sections, plans, profiles, details, topographic data, text, storm drainage structures, and other work, for review and comment by the Owner. Construction Plans will generally consist of a Cover Sheet with Vicinity Map, Typical Roadway Section Sheet, Plan Sheets at 1 inch = 40 -ft Scale (Full size, 22 "04 "), Structure Notes Sheets, Striping & Signage Plans, Temporary Traffic Control Sheets, and Detail Sheets. The scales to be used, the lettering, and the general delineation of the plans shall be as such to provide legible reproduction when the plans are reduced to %2 of their original size. 3.2 100% Design: Consultant will incorporate comments from the 90% PS &E package into the Final Plans and Specifications. Upon completion of revisions, one set of final plans, specifications, and cost estimate will be provided to the City's Public Works Department for final approval. City of Spokane Valley Scope of Work 7 Broadway Ave Safety Project 2/5/2010 3.3 Submit Electronic Documents: Upon Final Acceptance of the design, the Consultant will provide one (1) electronic copy of the Bid Documents on CD in pdf format. 3140. BIDDING PHASE 4.1 Ad, Bid, Award: Consultant will prepare Advertisement for Bids, provide two (2) final reproducible sets of plans and contract documents to City for reproduction and distribution to prospective bidders and plan centers, respond to bidders' inquires, prepare addendums as required, conduct pre -bid informational meeting, attend bid opening, evaluate bids, prepare bid tabulation, and recommend award of construction contract. The consultant shall regularly update city staff on status of bid process. DESIGN CRITERIA Documents furnished by the Consultant, to the extent feasible, shall be developed in accordance with the current edition of the following: 1. Spokane County Design Standards 2. City of Spokane Valley Street Standards 3. A Policy on Geometric Design of Highways and Streets ( AASHTO "Green Book ") 4. AASHTO Guide for Design of Pavement Structures, 1993 edition 5. WSDOT Standard Specifications for Road and Bridge Construction (2010 version) 6. City of Spokane Valley Supplemental Specifications (2010 version) 7. FHWA Manual on Uniform Traffic Control Devices (MUTCD) 8. Spokane Regional Stormwater Manual DOCUMENTS TO BE FURNISHED BY THE CONSULTANT The Consultant shall furnish the following documents, exhibits, or presentations for the work covered by this Agreement. All such material used in the project shall become and remain the property of the Agency: 1. Monthly Progress Reports: The Consultant shall prepare a letter report each month, summarizing the progress on each task item, and work planned during the next period. 2. Preliminary copies of Plans, Specifications, and Cost Estimates (# of copies noted above). 3. One (1) copy of pertinent reports with design calculations (field survey notes, traffic study, pavement design, etc.). 4. Upon final acceptance of the design: a. One set of the contract plans; b. Two copies (one bound, one unbound) of the construction specifications, including the Proposal Form, Amendments, Special Provisions, and other attachments necessary for bidding; Electronic copy of contract documents, and CAD files. c. One copy of detailed construction cost estimate; 5. Right of Way Documents: Right of Way Plans, Legal Descriptions, Title Reports, PFE's, Appraisals, DOV's, Offers, etc. DATA TO BE FURNISHED BY THE CITY The City shall make the following data available to the Consultant: 1. Data regarding the existing condition of the roadway. 2. As -built drawings of existing roadway if available: City of Spokane Valley Scope of Work 8 Broadway Ave Safety Project 2/5/2010 3. Plans, reports, and other pertinent information from proposed developments along the project corridor. 4. Specification CD 5. Copy of the existing traffic signal as -built drawings 6. Right -of -Way Agreement Forms (Standard City format) 7. Design Pavement section for patching SERVICES TO BE PROVIDED BY THE CITY The City shall perform the following design / review services for the project: 1. Review of Reports, PS &E packages, and other documents prepared by the Consultant, as described in the Project Scope above. EXTRA WORK In addition to the foregoing specific services, the following special services may be added upon written agreement of the parties by executing an Amendment to this Agreement: 1. Expert Testimony: Consultant can provide, if necessary, for property disputes. 2. Redesigns: Consultant can make revisions ordered by the Owner after final plans have been accepted. 3. Stormwater Design: Consultant can provide, if necessary, an analysis of the adequacy of existing stormwater facilities 4. Full Topographic Survey: Consultant can provide upon request a full topographic survey within the project limits. 5. Geotechnical Analysis: Consultant can provide if necessary a Geotechnical analysis to determine existing soil conditions and an appropriate pavement section for patching. 6. Appraisals: Consultant can provide if necessary property appraisals for parcels to be purchased with values greater than $25,000. 7. Structural Analysis of existing Signal Poles: Upon Amendment to this contract, Consultant will conduct a structural analysis of at least two existing pole and mast arm arrangements to determine if additional loading associated with a flashing yellow arrow signal head can be accommodated 8. Construction Management Services: Manage the construction contract. Provide partial pay estimates, required WSDOT documentation, change orders, field orders, and non- compliance notices, construction observation and inspection, and As -built Drawings services may be added upon amendment to this contract. 9. Biological Assessment if Required. 10. Street Light Analysis & Design 11. Cultural Resources Survey/Report if Required. 12. Cultural Resources Monitoring if Required. City of Spokane Valley Scope of Work 9 Broadway Ave Safety Project 2/5/2010 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "C onsultant Fee Determination Summary Sheet) contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. CENTURY WEST ENGINEERING CORPORATION L E A D I N G T H R O U G H E F F E C T I V E S O L U T I O N S January 14, 2010 City of Spokane Valley 11707 E. Sprague Ave. Suite 106 Spokane Valley, 99206 Attention: Steve Worley Regarding: Insurance Coverage Dear Steve: As you know our insurance carrier is reluctant to modify the standard ACORD form with regard to the cancellation policy. Our policy provides for 30 days notice from the insurance company to Century West of cancellation with some unlikely and exceptional events being excepted. This letter is to provide the City with Century West's assurance that we will provide the City the requested 30 day's notice of cancellation of any insurance coverage required and provided for our contracts with the City of Spokane Valley. Please call if you have any further questions or concerns. Sincerely, W G G CORPORATION , P.E. President 1825 N. Hutchinson Rd., 2nd Floor Spokane, Washington 99212 phone: (509) 838 -3810 fax: (509) 624 -0355 4CENTWES f ACORD - CERTIFICATE OF LIABILITY INSURANCE DATE ( 2010 PRODUCER Willis of Oregon, Inc. ALIC #0464609 503 ( ) 224 -4155 222 SW Columbia Suite - 600 Portland, OR 97201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Century West Engineering Corporation 6650 SW Redwood Lane #350 Portland, OR 97224 INSURERA: Hartford Casualty Insurance Co. 29424 INSURER B: Twin City Fire Ins Co 29459 INSURER C: Lexington Insurance Company 19437 INSURER D: Hartfor Underwriters Ins 30104 INSURER E: 08/01/10 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD POLICY EXPIRATION DATE (MM/DDrM LIMITS A GENERAL LIABILITY 52SBAPR2754 08/01/09 08/01/10 EACH OCCURRENCE $1 CLAIMS MADE F1 OCCUR 4—clom MERCIAL GENERAL LIABILITY DAMAGE PR EMISES (Ea o RENTED ce $300 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $2,000,000 I tOSE AGGREGATE OLICY RO LOC CT D AUT OMOBILE LIABILITY X ANY AUTO 52UECUM6899 08/01/09 08/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ 1 R GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ R ANY AUTO $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY 52SBAPR2754 08/01/09 08/01/10 EACH OCCURRENCE $5,000,000 X1 OCCUR E] CLAIMS MADE AGGREGATE s5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND 52WECN09327 10/01/09 10/01110 TATU X WC S LIMIT OTH- ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 C OTHER Professional 7881645 04/15/09 04/15/10 $1,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: Contract 10- Broadway Avenue Safety Improvements Pproject (CIP #0063) The City of Spokane Valley, it's officers, employees and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. This policy shall be primary and non contributory. R City of Spokane Valley 11707 East Sprague Ave., Suite 106 Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL A_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. ACORD 25 (2001/08) 1 of 2 #S663001/M659000 GSTAN O ACORD CORPORATION 7959 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (2001/08) 2 of 2 #S663001/M659000 Client#: 47497 4CENTWES ACORD CERTIFICATE OF LIABILITY INSURANCE U8;U6/2U11Y' PRODUCER Willis of Oregon, Inc. CALK #0464609 503 224 4155 ( ) 222 SW Columbia Suite - 600 Portland, OR 97201 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED CENTURY WEST ENGINEERING CORPORATION 6650 SW REDWOOD LANE #350 PORTLAND, OR 97224 INSURER A: Hartford Casualty Insurance Co. 29424 INSURER B: TWIN CITY FIRE INS CO 29459 INSURER c: Travelers Casualty Ins Co of Am 31194 INSURER D: HARTFORD UNDERWRITERS INS CO 30104 INSURER E: 08/01/11 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. S LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD/YY POLICY EXPIRATION DATE MMIDD/YY LIMITS A GENERAL LIABILITY 52SBAPR2754 08/01110 08/01/11 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300 000 CLAIMS MADE 51 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG s2,000,000 POLICY PRO LOC JECT D AUTOMOBILE LIABILITY X ANY AUTO 52UECUM6899 08/01110 08/01/11 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG A EXCESS /UMBRELLA LIABILITY 52SBAPR2754 08/01/10 08/01111 EACH OCCURRENCE s5,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s5,000,000 $ DEDUCTIBLE $ X RETENTION $ 10000 B WORKERS COMPENSATION AND 52WECNQ9327 10/01/09 10/01/10 OR LIMIT O IR E.L. EACH ACCIDENT $SOO,000 EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $500,000 OFFICERIMEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT 1 $500,000 C OTHER Professional 105430323 04/15/10 04115/11 $1,000,000 Per Claim Liability $2,000,000 Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Contract 10- Broadway Avenue Safety Improvements Pproject (CIP #0063) The City of Spokane Valley, it's officers, employees and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. (See Attached Descriptions) City of Spokane Valley 11707 East Sprague Ave., Suite 106 Spokane, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED RE ACORD 25 (2001/08) 1 of 3 #S702395/M702373 4MVAN © ACORD CORPORATION 1988 O'D 10 -02© IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of 3 #S702395/M702373 DESCRIPTIONS (Continued from Page 1) This policy shall be primary and non contributory. 10 days notice of cancellation applies for non payment of premium. AMS 25.3 (2001108) 3 of 3 #S702395/M702373 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that That is other insurance available to exceeds the sum of: you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non - contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit ". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. U rider this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 I ` BUSINESS LIABILITY COVERAGE FORM I F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured - Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C is If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any "occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections adjustments, tests . or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make in the usual course of b. With respect to the insurance afforded to business, in connection with the these additional insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This insurance does not apply to: servicing or repair operations, (1) "Bodily injury", "property damage" or except such operations performed "personal and advertising injury at the vendor's premises in arising out of operations performed for connection with the sale of the the state or municipality; or product; "Bodily Bodily injury or 'property damage" (g) Products which, after distribution included in the "product- completed or sale by you, have been labeled operations" hazard. or relabeled or used as a container, part or ingredient of any 7. Additional Insured — Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown in the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (i) The exceptions contained in business and only if this Coverage Part "bodily Subparagraphs (d) or (f); or provides coverage for injury" or "property damage" included within the (ii) Such inspections, "products- completed operations hazard ". adjustments, tests or servicing b. The insurance afforded to the vendor is as the vendor has agreed to subject to the following additional exclusions: make or normally undertakes to make in the usual course of (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional Insured — Controlling Interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. 9. Additional Insured — Owners, Lessees Or Contractors — Scheduled Person Or Organization a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for the additional insured(s); or (2) In connection with "your work" performed for that additional insured and included within the "products - completed operations hazard ", but only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products- completed operations hazard ". b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to "bodily injury", "property damage" or "personal an advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. 10. Additional Insured — Co -Owner Of Insured Premises WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or Organization(s) shown in the Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with respect to their liability as co -owner of the premises shown in the Declarations. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (2) Television; (3) Billboard; (4) Magazine; (5) Newspaper; b. The Internet, but only that part of a web site that is about goods, products or services for the purposes of inducing the sale of goods, products or services; or c. Any other publication that is given widespread public distribution. However, "advertisement' does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement". 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form: 4. "Auto" means a land motor vehicle, trailer or semi - trailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment'. 5. 'Bodily injury" means physical: a. Injury; b. Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 E DATE(MM /DD/YYYY) 10/7/2010 rHE CERTIFICATE HOLDER. THIS IE AFFORDED BY THE POLICIES WING INSURER(S), AUTHORIZED GATION IS WAIVED, subject to Ficate does not confer rights to the SUBR WVD FAX A/C No: -274 -2 POLICY EFF MM /DD/YYYY VERAGE NAIC # Company o 25666 Com 6800279T799 10/1/2010 ns Cc of 31194 $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300, 000 $ MED EXP (Any one person) ON NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSR SUBR WVD . POLICYNUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX1 OCCUR X WA Stop Gap Y 6800279T799 10/1/2010 0/1/2011 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 300, 000 $ MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X PRO- LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS BA0283T611 10/1/2010 0/1/2011 Ea accident $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP3538T674 10/1/2010 0/1/2011 EACH OCCURRENCE s5,000,000 AGGREGATE $5,000,000 DED X I RETENTION$ 10, 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 754555 10/1/2010 0/1/2011 X WC T- O p LIMJ E. L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $500,000 E. L. DISEASE -POLICY LIMIT I S500,000 D Professional Liability 105430323 /15/2010 /15/2011 $1,000,000 Per Claim $2,000,000 Aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) n .• RE�_COntract. 10- Broadway Avenue Safety Improvements Pproject (CIP #0063) The City of Spokane Valley, it's officers, employees and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. This policy shall be primary and non contributory. I.:tK I It 1 t MULUtK L AINL LLLA I IUIV City of Spokane Valley 11707 East Sprague Ave Suite 106 Spokane WA 99206 -0000 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 t41�lel 1,f' ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD test 0 2_0 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per - son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- . C age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. / I a ACORL> CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4/15/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endo PRODUCER CONTACT NAME: Melissa VanEyery PHONE 3- 224 -4155 AAcNo: - 274 -2155 Willis of Oregon, Inc. CALIC #0464609 (503) 224 -4155 222 SW Columbia Suite - 600 E -MAIL ADDRESS:melissa.vanever @willis.com INSURERS AFFORDING COVERAGE NAIC# Portland OR 97201 INSURERA:Travelers Indemnity Company o 25G66 EACH OCCURRENCE INSURED 4CENTWES INSURER B:TraV 1 r mnl ty Co mpan X COMMERCIAL GENERAL LIABILITY INSURERC: AIF Corpor 361 Century ,West�Engineeri_ng_Corpo INSURERD:Travelers Casualty Surety Co P1194 6650 SW Redwood Lane, Suite 350 Portland OR 97224 $300,000 MED PCP (Any one person) $10,000 INSURER E CLAIMS -MADE F -] OCCUR INSURER F: COVERAGES CERTIFICATE NUMBER: 904677632 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM /DD/YYYY POLICY EXP MM /DDIYYYY LIMITS A GENERAL LIABILITY Y 68002797799 10/1/2010 0/1/2011 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $300,000 MED PCP (Any one person) $10,000 CLAIMS -MADE F -] OCCUR PERSONAL &ADV INJURY $1,000,000 X WA Stop Gap GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 $ POLICY X PRO- LOC A AUTOMOBILE LIABILITY BA0283T611 10/1/2010 0/1/2011 BINED SINGLE LIMIT Ea accident ) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED HIREDAUTOS AUTOS B X UMBRELLA LIAB X OCCUR CUP3538T674 10/1/2010 0/1/2011 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 EXCESS LIAB- CLAIMS -MADE DED I X I RETENTION$ 10, 000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER /MEMBER EXCLUDED? N❑ NIA 754555 10/1/2010 0/1/2011 X WC STATU- O F IR Y LIMITS E.L. EACH ACCIDENT $500,000 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEq $500,000 DISEASE - POLICY LIMIT $500,000 If yyes, describe under DESCRIPTIONOF OPERATIONS below D Professional Liability 105430323 /15/2011 /15/2012 ,000,000 Per Claim tE.L. ,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Contract 10- Broadwa Avenue _Safety Im (CIP #0063) The City of Spokane Valley, it's officers, em ees ploy and agents are named additional insured with respects to general liability where required by written contract and subject to policy terms conditions and exclusions. This policy shall be primary and non contributory. CERTIFICATE HOLDER CANCELLATION City of S pokane Valle Y P Y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 11707 East Sprague Ave ACCORDANCE WITH THE POLICY PROVISIONS. Suite 106 Spokane WA 99206 -0000 AUTHORIZED REPRESENTATIVE f /y/ !!� ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD CoIo -oZ0 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 Of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.