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11-058.00 Century West: Broadway Ave Safety ' t COPY AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES Adding Additional Design and Coordination Services Century West Engineering Corporation COSV Contract# 10-011 Broadway Avenue Safety CIP#0063 Broadway Ave-Additional Stormwater Topo Survey THIS AMENDMENT No. 2 is made to the Agreement for Professional Services dated February 17, 2010 by and between the City of Spokane Valley, a code City of the State _a v of Washington, hereinafter "City" and Century West Engineering Corporation, g o > i hereinafter"Consultant"and jointly referred to as"parties." o c To • C Y U Pursuant to Sections 1C and 18 of the Agreement, the parties hereby agree to E E° a 1 amend the Agreement as set forth in the attached Proposal and Detailed Scope 2 ° ° ,a of Work. These services will be tracked and billed on time and materials basis, .� M a. o and are subject to all of the conditions set forth in the original Agreement. The ono 2 City agrees to pay Consultant up to $2,950.00 for the additional services 3 g 2 provided for in this Amendment to the Agreement. .o cc o , o 0 o c o Exhibits to this Amendment are as follows: ri 4E. -D • o fl 7 > U N l.f) E V1 4! o Ul 1. Professional Services Agreement dated February 17, 2010; �. 2. Additional Design Services Scope of Work dated May 2, 2011 8 0 ° To N rsi 3. Task and Fee Proposal dated May 2, 2011 . - >o a . E a-� 4 o 'X N U u = Q. O _ o o w >.-0 ra 4' Original Contract Amount(Design Services,Broadway Ave Safety) $ 97,700.00 E :0 S' Prior amendments $26,350.00 2 s o . Current Amendment Amount $ 2,950.00 >- v 2 n Amended Contract Amount $ 127,000.00 The remainder of the Agreement will remain unchanged by this Amendment. IN WITNESS WHEREOF, the parties have executed this Agreement this day of May,2011. CITY OF SPOKANE VALLEY: Consultant: CENTURY WEST ENGINEERING CORPORATION / 4,10 /1(41 44- 2,• / ' / I,' Mike Jacks c ity Manager Ta f,ID o. ATTES APPROVED AS TO FORM: ti/2 ( - .ia'121,-/t-, //' ''''' .-1/ C. . k , Christine Bainbridge,City Clerk Office of e City • orney 0.0) -O(5`g EXHIBIT A-3 PRELIMINARY SCOPE of WORK Local Agency: City of Spokane Valley,Washington Local Agency Project No: Consultant: Century West Engineering Corporation Consultant Project No: Project Title: Broadway Ave. Safety Improvements Project Work Description: Project Engineering(Design) Phase—Amendment#2 AMENDMENT DESCRIPTION The project scope shall be modified to provide additional design services for the following tasks: 1) Provide Additional topographic survey in support of City-designed stormwater improvements to be included with the Broadway Safety Project Contract Documents. PROJECT SCOPE The Consultant shall generally add the following tasks to the original scope of work to provide additional services: 3137. STORMWATER IMPROVEMENTS TASK 3.7.1 PRELIMINARY ENGINEERING/ CONCEPT DESIGN (PE/CD) PHASE A. Topographic Survey and Base Map: Consultant shall collect additional survey of Broadway Ave. for stormwater improvements per attached scope of work exhibit dated 5/2/2011 from LandTek to determine the physical layout of the existing site in support of the stormwater improvements to be designed by the City. 1) Perform topographic survey of roadway. 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.AutoCAD file of Parcel Topographic Survey City of Spokane Valley Scope of Work—Amendment#2 1 Broadway Ave Safety Project 5/2/2011 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Consultant 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. LANDTEK LLC PROFESSIONAL LAND SURVEYORS 619 N. MADEUA STREET SPOKANE, WASHINGTON 99202 PHONE 509.926.2821 FAX 509.926.2736 CITY OF SPOKANE VALLEY BROADWAY AVENUE DRAINAGE ELLA ROAD TO VISTA ROAD PROPOSAL FOR PROFESSIONAL SURVEYING SERVICES SCOPE OF WORK 1. CONTROL SURVEY A. Recover previous control from 2010 Broadway Avenue and set additional control as required for topographic work. 2. ROUTE TOPOGRAPHIC SURVEYING A. Perform a survey to gather topographic information on Broadway Avenue from the intersection with Ella Road to the intersection with Vista Avenue, inclusive of both intersections. The topographic corridor will extend to the back of curb on the north and south sides of Broadway Avenue. Locate asphalt areas, driveways, visible indications of utilities, and existing site features. Traffic striping in Broadway Avenue will be located. Invert elevations will be measured on storm/drainage structures. Invert elevations will not be measured for sanitary sewer structures. Cross sections will be provided at approximate 50 foot intervals. 3. BASE MAP A. Prepare a topographic base map at a 1-foot contour interval showing route topography, and survey control points and data. Provide the base map to Century West Engineering Corp. in DWG format,together with point and DTM data files. Sheet layouts and paper copies will not be provided. GENERAL CONDITIONS AND EXCLUSIONS 1. Services for referencing monuments, remonumenting, and documenting corners disturbed by construction activities have not been included in this scope of work. OPINION OF PROBABLE COST Fees for services shall be accrued on a Time and Materials basis. Total fees shall not exceed Two Thousand Four Hundred ($2,400.00)without additional approval by Century West Engineering Corp. LandTek •eir A(9) 5 &Ill Bruce R. Larsen, Managing Member Date DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Spokane Valley — Broadway Ave Stormwater Improvements Estimate of Surveying Services" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. COPY AGREEMENT 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-o I) 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. 5. 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,2nd.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 Y ProJ ect 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. 2. Cancellation of Consultant's insurance shall be governed by either: a.the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested,has been given to the City,or Agreement for Professional Services—Design,Right-of-Way Acquisition and Construction Management Services for the Broadway Avenue Safety Project Page 3 of 6 J 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 Page5of6 i ' COPY have executed this agreement this day of IN WITNESS WHEREOF,the parties k gr Y fcbrva-ry ,2010. :0" 'O`41\ V LEY: Consultant: 'en IA W st Engineering Corp. Won, f; Manager Pre dent lei Tax ID No. ATTEST APPROVED AS TO FORM: 4. bi.--) —• (I FV.....444VI pristine Bainbridge,City Clerk Office he City Attorney 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 4 • I 1_ f 5 , CERTIFICATE OF LIABILITY INSURANCE 015/2 1YYYY) f�C�R® 4/15/2011 1 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 endorsement(s). PRODUCER CONTACT NARIE: Meli sea VanEvery Willis of Oregon, Inc. • (A/CC,No.Exo:503-224-4155 c,No1:503-274-2155 CALK#0464609 (503) 224-4155 E-MAIL. 222 SW Columbia Suite - 600 AssREss:melissa.vaneverySwillis.com Portland OR 97201 INSURERISI AFFORDING COVERAGE NAILS INSURERA:Travelers Indemnity Company o 25666 INSURED 4CENTWES INSURER 8. .V- -_ .ta-ns •n•-ray 25658 (S�nl ry yest_I3rlgineering_Corporat on INSURER C:SAT F Corporation 36196• 6650 SW Redwood Lane, Suite 350 INsuRERS:Travelers Casualty Surety Co 31194 Portland OR 97224 INSURER E: ✓ 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, ADDL'SUBR I POLICY EFF POUCY EXP LIMITS LTR TYPE OF INSURANCE #NSR WVD POLICY NUMBER SMMJDDIYYYY1 (MWDDrYYVY) A GENERALUASLUTY Y 4800279T799 10/1/2010 10/1/2011 EACH OCCURRENCE • $1,000,000 X MM D-EMISES Ea••.t s. 5300 000 COERGAL GENERAL LIAB1tITY ICLAIMS-MADE IX ICCCUR MEDE(P • ens•-raon • $10,000 X WA Step Gap PERSONAL&ADM INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 • GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY ;77,W8-1- —7 100 $ A AUTOMOBILE LIABILITY EAO2R3T611 10/1/2010 10/1/2011 Eaa�d tSIAY:LtLIM[I $i 000 000 X ANY AUTO BODILYIWURY{Per person) $ ALL()MED SCHEDULED BODILY INJURY(Peraodr-nt) $ AUTOS AUTOS PROPERTY DAMAGE FRED AUTOS AUTOS Para •.•,L $ B X UMBRELLA LEAS X OCCUR CUP3538T674 10/1/2010 10/1/2011 EACHCCCURRENCE $5,000,000 EXCESSLIAB• CLAIMS-MADE AGGREGATE $5,000,000 , DOD IX I RETENTIONS10,000 $ c WORKERS COMPENSATION 754555 10/1/2010 10/1/2011 X f Tc1RYN IN$I I7 ' AND EMPLOYERS'LIABILITY YIN ANY PROPRETOROPARTN Ui7 ERiEXECVE IN I NIA EL EACH ACCIDENT $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) EL DISEASE-EA EMPLOYEE$500,000 Ifyes descnbeund2f E.LDISEASE-POLICYUkiIT 5500,000 DESG�RIPTION OF OPERATIONS below — D Professional Liability 105430323 4/15/2011 4/15/2012 $1,000,000 Per Claim • $2,000,000 Aggregate • DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORO 101,Additional Remarks Schedule,if more space is required) RE: Contract 10-�BFoad47aY Avenue_Sa I nl obi fnents'_'Pp10- ec (CIP#0063) The City of Spokane Valley, it's officers, employees and agents are named—adit'ional 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley 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 • ©1988-2090 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and(ago are registered marks of ACORD i n,-.S n l',.--•7 /\ • '' 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 INSURANCE (Section III) for this Coverage (Section II): Part. Any person or organization that you agree in a B. The following is added to Paragraph a. of 4. "contract or agreement requiring insurance"to in- Other Insurance in COMMERCIAL GENERAL elude as an additional insured on this Coverage LIABILITY CONDITIONS(Section IV): Part,but only with respect to liability for"bodily in- However,if you specifically agree in a"contract or jury", "property damage" or "personal injury" agreement requiring insurance"that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on . erage Part must apply on a primary basis, or a your behalf: primary and non-contributory basis,this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to • tions; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured,and we will not rented to you;or share with the other insurance,provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage" for . within the "products-completed operations which coverage Is sought occurs;and hazard". (2) The "personal injury" for which coverage is Such person or organization does not qualify as sought arises out of an offense committed; an additional insured for "bodily injury", "property - after you have entered into that "contract or damage" or "personal injury" for which that per- agreement requiring insurance". But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement. insurance,whether primary,excess,contingent or The insurance provided to such additional insured on any other basis,that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover-. C. The following is added to Paragraph 8. Transfer age as an additional Insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS(Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of . services". - payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or"personal injury" arising out of"your tional insured shall be the limits which you work"performed by you, or on your behalf, under agreed in that"contract or agreement requir- a"contract or agreement requiring insurance"with ing insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declare- rights only where you have agreed to do so as tions for this Coverage Part, whichever are part of the"contract or agreement requiring insur- less.This endorsement does not increase the ance" with such person or organization entered limits of Insurance stated in the LIMITS OF 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. I COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- erage Part, provided that the "bodily injury" and sonal injury"offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury"is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to Include a person or in effect;and organization as an additional insured on this Coy- c. Before the end of the policy period. • • • • • Page 2 of 2 4 2007 The Travelers companies,Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office,inc.,with its permission. i • • • 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 (1) The total amount that all such other arising out of the premises or Insurance would pay for the loss In the operations,or products and completed absence of this insurance;and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that • insured amounts under all that other Insurance;or Insurance. (7) When You Add Others As An We will share the remaining loss,if any,with Additional insured To This any other insurance that is not described in insurance this Excess Insurance provision and was not That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the - However, the following provisions Declarations of this Coverage Part. apply to other insurance available to c. Method Of Sharing • any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares,we will follow Part: this method also. Under this approach, (a) Primary Insurance When each insurer contributes equal amounts Required By Contract until It has paid its applicable limit of This insurance is primary if you insurance or none of the loss remains, have agreed in a written contract, whichever comes first. written agreement or permit that If any of the other insurance does not permit this insurance be primary. if other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method,each share with all that other insurance insurer's share is based on the ratio of its by the method described In c. applicable limit of insurance to the total below. applicable limits of insurance of all insurers. (b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us • Required By Contract a. Transfer Of Rights Of Recovery If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, Including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do • insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the Insured will bring "suit" or contribution from that other transfer those rights to us and help us . Insurance. enforce them. This condition does not Paragraphs(a)and(b)do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation) . • additional insured. • • When If the insured has waived any rights of hen this insurance is excess, we will have no duty under this Coverage Part to recovery against any person or h' g organization for all or part of any payment, defend the insured against any"suit"if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part,we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM 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, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organization(s) shown in the insured Coverages also apply. When any of these Declarations as an Additional insured Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to. include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for"bodily • Organization injury', "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury"caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s)or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising 'injury" caused, in these additional insureds, this Insurance whole or in part, by your acts or omissions or does not apply to any "occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations;or Interests From Whom Land Has Been b. In connection with your premises owned Leased • by or rented to you. a. WHO IS AN INSURED under Section C.is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises Insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured—Owners Or Other interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s)or organization(s)shown in the with respect to liability arising-.out of the Declarations as an Additional Insured - ownership, maintenance or use of that part • Designated Person Or Organization;but only of the land leased to you and shown in the with respect to liabi€ity arising out of the Declarations. ownership,maintenance or use of that part of b, With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following g additional exclusions apply: • b. With respect to the insurance afforded to these additional insureds, the following This insurance does not apply to: additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land;or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant In that construction or demolition operations premises;or performed by or on behalf of such person or organization. (2) Structural alterations, new 6. Additional Insured - State Or Political construction or demolition operations Subdivision—Permits performed by or on behalf of such person or organization. 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 • V • • 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 at "personal and advertising injury" o the vendor's premises in connection with the sate of the arising out of operations performed for product; the state or municipality;or (2) "Bodily injury" or "property damage" (g) Products which, after distribution or sale by you,have been labeled included in the "product-completed or relabeled or used as a operations"hazard. 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 provides coverage for "bodily injury" or Subparagraphs(d)or(17;or "property damage" included within the • (ii) Such inspections, "products-completed operations hazard". adjustments,tests or servicing as the vendor has agreed to b. The insurance afforded to the vendor -is make or normally undertakes subject to the following additional exclusions: 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 - The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other Insurance .9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors- — Scheduled Person Or the Other Insurance Condition In Section E. — • Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C.is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional • Insured—Owner, Lessees Or Contractors, 1. "Advertisement"means the widespread public but only with respect to liability for"bodily dissemination of information or images that . injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury"caused,in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (1) In the performance of your ongoing (3) Magaz operations for the additional (4) Magazin ne; • insured(s);or (5) Newspaper; • (2) in connection with "your work" b. The Internet, but.only that part of a web performed for that additional. Insured - site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods,products or services;or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" Included within the However,"advertisement"does not include: "products-completed operations hazard" a. The design, printed material, information or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this Insurance products;or does not apply to"bodily Injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. Injury" arising out of the rendering of, or the failure to- render, any professional 2-. "Advertising idea" means• any Idea for an architectural, engineering or surveying "advertisement". services,including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos In any form: field orders,change orders,designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications;or semi-trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co-Owner Of Insured "mobile equipment". Premises 5. "Bodily injury"means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness;or the person(s) or Organization(s)shown in the • c. Disease Declarations as an Additional Insured — Co- Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above,mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory"means: Page 20 of 24 Form SS 00 08 04 9 05 CENTURY WEST ENGINEERING CORPORA' io LEADING THROUGH EFFECTIVE SOLUTIONS LETTER OF TRANSMITTAL May 2, 2011 Ken Knutson Capital Projects 11707 E. Sprague Ave. Suite 106 Spokane Valley, 99206 Project#: 30446.003.01 Re: Broadway Ave Safety Project We are sending the following items via: Hand (If enclosures are not as noted,please contact us.) Item #Copies Date/No. Description 1 2 5/2/11 Amendment#2 2 3 Ken, Attached are 2 copies of Amendment#2 for your approval. Please feel free to call if you have any questions or comments. Thanks, Signed: Bry D. Hicks, P.E. Project Manager 1825 N Hutchinson Rd.-2nd Floor Spokane, WA 99212 Phone: (509) 838-3810 Fax: (509) 624-0355