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08-024.00 Budinger and Associates: Fancher Broadway PCC Intersection GeotechFEB 12 2008 Index of Exhibits Exhibit "A' - Scope of Work Exhibit `B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit `B" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "If'— Title VI Assurances Exhibit "1" — Payment Upon Termination of Agreement Exhibit "T' — Alleged Consultant Design Error Procedures Exhibit "K!'— Consultant Claim Procedures Exhibit "L" —Liability Insurance Increase Exhibit "M" Certification Documents 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. THIS AGREEMENT, made and entered into this 26F day of 26r F-, between the Local Agency of City of Spokane Valley , Washington, herein &r called the "AGENCY", and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 or 8 Revised 6/05 C08_ �4 Con sultant/Ad dressfrelephone By Local Agency Budinger and Associates Standard Consultant Agreement g 1101 N. Fancher St. Spokane Valley, WA 99212 ® Architectural /Engineering Agreement ❑ Personal Services Agreement Ph: (509) 535 -8841 Fx: (509) 535 -9589 Agreement Number Project Tide And Work Description Contract 907- 032(2) Fancher / Broadway PCC intersection Project Geotechnical Exploration & Analysis per Budinger Federal Aid Number STPUL - 3846(006) and Associates Scope Letter dated 11/27/2007 Agreement Type (Choose one) ❑ Lump Sum Lump Sum Amount $ DBE Participation ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % ❑ Yes ® No % Federal ID Number or Social Security Number Overhead Cost Method E] Actual Cost REDACTED Do you require a 1099 for IRS? Completion Date ❑ Actual Cost Not To Exceed % ® Yes ❑ No March 1, 2008 ❑ Fixed Rate % Fixed Fee $ Total Amount Authorized $ 10,446.00 ® Specific Rates Of Pay ® Negotiated Hourly Rate Management Reserve Fund $ 1,044.60 ❑ Provisional Hourly Rate Maximum Amount Payable $ 11,490.60 ❑ Cost Per Unit of Work Index of Exhibits Exhibit "A' - Scope of Work Exhibit `B" - DBE Participation Exhibit "C" - Electronic Exchange of Engineering and Other Data Exhibit "D" - Payment (by Agreement Type) Exhibit `B" - Consultant Fee Determination Exhibit "F" - Breakdown of Overhead Cost Exhibit "G" - Subcontract Work/Fee Determination Exhibit "If'— Title VI Assurances Exhibit "1" — Payment Upon Termination of Agreement Exhibit "T' — Alleged Consultant Design Error Procedures Exhibit "K!'— Consultant Claim Procedures Exhibit "L" —Liability Insurance Increase Exhibit "M" Certification Documents 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. THIS AGREEMENT, made and entered into this 26F day of 26r F-, between the Local Agency of City of Spokane Valley , Washington, herein &r called the "AGENCY", and the above organization hereinafter called the "CONSULTANT ". DOT Form 140 -089 EF Page 1 or 8 Revised 6/05 C08_ �4 WITNESSETH THAT: WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT; and WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and perfornhance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows: I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT. II Scope of Work The Scope of Work and projected level of effort requirod for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT. III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to'moctings requiring CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A." The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated. The CONSULA'ANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSUL'T'ANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and administration ofUSDOT- assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT. Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority. Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT. IfD /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit "B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime CONSULTANT is a 013E firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan ". The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY. All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C." All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of sc - ice, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT. Page 2 of 8 �J • IV Time for Beginning and Completion 'fhe CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date. The established completion time shall not be extended because of any delays altnibutable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established completion time. V Payment Provisions Tice CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by relerence made part of this AGREEMENT. Such payment shall be full compensation for wort: performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CPR, Part 31. A post audit may be performed on this AGREMENT. The nerd for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager. VI Sub - Contracting The AGENCY permits sub - contracts for those items ofwork as shown in Exhibit "G" attached hereto and by dus reference made part of this AGREEMENT. Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G." The work of the sub- consultant shall not exceed its maximum amount paydbk; unless a prior written approval has been issued by the AGENCY. All reimbursable direct labor, overhead, direct non -salary costs and feted flee casts for the sub - consultant shall be m substantiated in the same anrter as outlined in Section V. All sub- contracts shall contain all applicable provisions of this AGREEMENT. With respect to sub - consultant payment, the CONSUJA`ANT shall comply with all applicable sections of the prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011. The CONSULTANT shall not sub - contract for the performance of any work under this AGREENIENT without prior written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and subcontractor, any contractor any other relationship. A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY. VII Employment Thee CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEIMT..NT price or consideration or otherwise recover the full amount of such flee, commission, percentage, brokerage fee, gift, or contingent fee. Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or ser0ces required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONW.TANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT, The CONSULTANT shall not engage, on a full- or part -time basis, or other basis, during the period of Ste contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person. Vlll Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations: Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of] 973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq.) Civil Rights Restoration Act of 1987 (Public I.aw 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12 101 et. seq.) 49 CFR Part 21 23 CFR Part 200 RCW 49.60,180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached .Exhibit "IT' in every - sub- contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CON S U*LTANT. In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used. No payment shall be made for any work completed after ten (I0) days following receipt by the CONSULTANT of the Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice ofTermination exceeds the total amount that would be due when computed ac set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid. If the services of the CONSULTANT are terminated by the AGENCY for default on the part of die CONSULTANT, the above formula for payment shall not apply. Paga 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, die amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY ofthe work performed at the time of termination. Under no circumstances shall payment made under dais subsection exceed the amount, which would have been made using the formula set forth above. If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would he reimbursed for actual costs in accordance with the termination for other than default clauses listed previously. In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses. In the event of the death of any of the parties listed in the previous paragraph, should die surviving members of the CONSULTANT, with the AGiiNCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section. Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREPM) NT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT. X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof. Should the AGENCY rind it desirable for its own purposes to have previously satisfactorily completed work or pouts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. `['his work shall be considered as Extra Work and will be paid for as herein provided under Section XiV. XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT. provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures fotmd in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "W'. XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute iegal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The CONSULTANT hereby consents to the personal jurisdiction of die Superior court of die State of Washington, situated in the county in which the AGENCY is located. Page 5 ei 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the State of Washington. The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSUUI'ANT'S negligcnu; or breach of any of its obligations under this AGREEMENT; provided that nothing herein shall require a CONSUT.TANI' to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STA'L'E from claim& demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent ofthe CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor. The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSUurANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. Unless otherwise specified in the AGREFIVIENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT . Subject to the processing of a new sole source, or an acceptable supplemental agreement, die CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents. The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the STATE. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shal I not exceed one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar (S1,000,000) combined single limit Excepting the Worker's Compensation Insurance mid any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured.. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANI' shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY. No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY. The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modifiul by Exhibit "L ". in no case shall the CONSULTANT'S professional liability to third parties be limited in any way. Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law. XIV Extra Work A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the, services to be performed. B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the AGREEMENTr accordingly. C. The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM", under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it. the AGENCY may receive and act upon a CI.A.I.M submitted before final payment of the AGRF-EMlr'NT. D. Failure to agree to any adjustment shall be a dispute under die Disputes clause. However, nothing in this clause shall excuse the CONSULTANT' from proceeding with the AGREEMENT as changed. E. Notwithstanding the terms and conditions of paragraphs (A) and (13) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT. XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them. XVI Federal and State Review The federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress. XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -I(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use ofFederal )finds for Lobbying and Exhibit "M-4" Certificate of Current Cost or Pricing Data. Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000. XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT. XIX Execution and Acceptance This AGRI' PMENT may be simultaneously executed in several counterparts, cash of which shall be deemed to be an original having idcnliml legal effecL The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by die CONSULTANT, and does hereby acvept the AGREEMENT and agrees to all of the terms and conditions thereof Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT. By Con su► nt u Yngr and Associates By G Agency City o, Spokane Valley, Washington DOT forth 14"89 EF RotiQwd WOS Page 8 of 8 0 0 Exhibit A -1 Scope of Work Project No. STPUL- 3846(006) c technical _Explo.ration- and_AnaLysi� of Broadway i~apcher lntessection per_ Budinger-and_AssQCiates-&o-v.cmber-27, 7007_ Scope_of_S.er_vices -Jeiter- __. J,og of_8_test horings- each annroximattLy 5 feet-deep collect wren of surfacjtlg_material__^ -- Sample.sai.ts_by..bulk-and_split spoon methods — Laborator_}- testing of index and engin ..ring-properties of sugrade so ls_and.resilient.ino Aus C'onduct-G.eo,technical ana ysis and_pro_v,,ide- racommendations on. A- Pavement_supporteonditifln-c.-and_ min. imum.paxement thickness_calculation for PC C andACP sections. R. Criteria for eadhwark including.suitabili of soils f fill,_excavaiion c-andifi.ons,.s bonatic pmparation and- fiUlacement. --C._P]_eparatinn of Grentechnical Report documenting.the�a x ve_inform ificin- Documents To Be Furnished By The Consultant Cot= .cal Report - — DOT_ Form 140.088 EF Exhbh A -1 Revised W05 Exhibit A -2 Scope of Work (Task Order Agreement) Each item of work under this AGREEMENT will be provided by task assignment Each assignment will be individually negotiated with the CONSULTANT. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY ;S and CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include but are not limited to, the following types of work: A. All work in this Contract shall be under Task A B. C. D. E. F. Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document similar in format to page 2 of this exhibit. An assignment shall become effective when a formal Task Assignment Document is signed by the CONSULTANT and the AGENCY, except that emergency actions requiring a 24 -hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment Document within four working; days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations whose rates were not previously established in the AGREEMI:.N`I) shall be provisional and subject to final negotiation and acceptance by the AGENCY. DOT Form 140 -OB4 EF F-Albit A -2 Revised W05 • Forma{ Task Assignment Document Task 'Number A The general provisions and clauses of Agreement Task Assignment C 07- 032(2) shall be in full force and effect for this Location of Project: hrteasection of Fancher St and Broadway Avenue in City of Spok,-uie Valley, WA Project Title: Fancher / Broadway PCC Intersection Project Maximum Amount Payable Per Task Assignment: $10,466.00 Completion Bate: March 1, 2008 Description of Work: (Note attachments and give brief description) See attached .Budinger Scope Letter for Fancher / Broadway PCC Intersection Project Geotechnical Exploration & Analysis dated 11/2712007 Agency Project Manager Signature: Oral Authorization Date: Consultant Signature: Agency Approving A Date: See Letter Dated: DOT Form 140 -069 EF Formal Task AS87gnMnt Revised 6105 Date: ?��vb Date: �a • Exhibit C Elcetronic Exchange of Engineering and Other Data • The Consultant shall use the following format and standards in preparing electronic files for tr►nsmission to the agency. The format and standards to be provided may include, but not limited to, the following: Survey Data shall be entered into an AutoCad version 2005 (or later) drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. The drawing shall include: a. All data points in State Plane Coordinates NAD83(91) in US Survey feet with elevations based on North American Vertical Datum of 1988 (NA VD88). b. Each data point shall be labeled with an appropriate survey code describing it. c. Breaklines TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Rearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. f. Contour lines at l foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shalt be on a different layer. g. Drawing Scale shall be coordinated with the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of al I plat information, titles, and surveys used to research control and property ownership; field notes, data collector files, ASCII point files, and project correspondence. ll. Roadway Design shall be created using Land Development Desktop (LDD) software and drawings shall be an AutoCad version 2005 (or later) drawing file. The drawing layers, survey codes and format shall conform to the Prototype Drawing furnished by the City of Spokane Valley. The City reserves the right to reject an AutoCAD submittal drawing if the drawing does not conform to the prototype. be drawing shall include: a. All data points in State Plane Coordinates NAD83(91) in US Survey feet with elevations based on North American Vertical Datum of 1988 (NAVD88). b. Each data point shall be labeled with an appropriate survey code describing it c. Brcaklincs TINS, DTM's, alignments, and any other information used in the creation of the contour mapping. d. Location and description of monuments used to establish the Basis of Bearing, and one monument used to establish the vertical datum. e. Location and description of two monuments set within the project to provide horizontal control and a monument to be used as a project benchmark. f. Contour lines at 1 foot intervals. Every tenth contour shall have a darker line weight. Labels with contour elevations shall be on a different layer. g. Drawing Scale shall be coordinated with the City. Prior to final payment, the Consultant shall also provide an archive We consisting of an electronic or pdf copy of all cross sections, templates, quantity calculations, design notes, memos and reports; and all project correspondence. IIl. Contract Documents and Reports a. Documents shall be created using Microsoft Office 2003. Reports and specifications shall be submitted as Word 2003 documents. b. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an elecironic or pdf copy of all studies and calculations made during the course of report development; specifications with addenda incorporated, phone conversations, memos, and reports; and all project correspondence. IV. Contract Administration a. Mcuments shall be created using Microsoft Office 2003. Meeting Minutes, Change Orders, field reports and correspondence shall be submitted as Word 2003 documents. b. Spreadshoets shall be submitted as Exec] 2003 documents. c. The City may provide a prototype document with font, text size and header and footer formats in Word. The Consultant shall match format requested by the City. Prior to final payment, the Consultant shall also provide an archive file consisting of an electronic or pdf copy of all documents generated during contract administration including, but not limited to, inspector field reports, survey field notes, material test results, meeting minutes, project correspondence, contractor wage information, change orders, and pay estimates. V. The Consultant shall be able to correspond via email and communicate with Microsoft Outlook. V1. Electronic Information Exchange. a. The City shall exchange electronic information with the consultant via email for file sizes less than 2 Megabytes. b. For larger file sizes the consultant shall exchange files using the City of Spokane Valley File Transfer Protocol (FrTP) site at ftD: /Iflp.sMkanevalie� c. The final archive file shall be submitted to the City on a CD or DVD and had deliverod to City Public Works Offices with paper files. The CD shall be labeled with the Spokane Valley Project Contract Number, Project Name and be provided with a Table of Contents. • Exhibit D -3 Payment (Negotiated Hourly Rate) • The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31. Hourly Rates: The CONSULTANT shall be paid by the AGENICY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT. The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY. If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT. 2. Direct Won- Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs. a. Subconsultant costs will include a Sub- Consultani Oversight mark -up of 4% as allowed in accordance with 48 CFR 31.2 Subconsultant costs including Oversight Markup must be itemized on the Subconsultant Fee Determination - Summary sheet attached as Exhibit 0-1. b. Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures. 1=lowever, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 31.20546 ""travel Costs." c. The billing for Direct Non - Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT. d.The CONSULTANT shall maintain the original supporting documents in their office. Copies of the original supporting documents shall be supplied to die AGEENCY upon request. c. All above charges must be necessary for the services provided under this AGREEMENT. DOT Form 140.088 EF Exhibit 63 Revised 8107 Management Keserve Fund: The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMNI' for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the 'Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included for the Management Reserve Fund is shown in the heading of this AGR.EEM.ENT. This fund may not be replenished. Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XtV, "Extra Work." 4. Maximum Total Amount Payable: The Maximum '170tal Amount Payable by the AGF::NCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work." No minimum amount payable is guaranteed under th is AGREEMENT. 5. Month ly Progress Payments: Progress payments may be claimed on a monthly basis for al] costs authorized in 1 and 2 above. The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses. To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview. 6. final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance. Said Final Payment shall not however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment. Tn the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings. 7. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception: if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit E -2 / Cost Estimate" 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. DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit F / Breakdown of Overhead Cost" 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. • Exhibit H Title VI Assurances is During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non - discrimination in federally assisted programs of the AGENCY, Title 49,.Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS'), which are herein incorporated by reference and made a part of this AGREEMENT. 2. Non - discrimination: The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix 'B of the REGULATIONS. 3. Solicitations for Sub - consultants, including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obtigations wider this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports: The CONSULTANT shall provide all information and reports* required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FIIWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with *the non - discrimination provisions of this AGREHMENIT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to: Withholding of payments to the CONISULTANI under the AGREEME NT until the CONSULTANT complies, and/or; Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140-:88 EF Exhbt H Revised M5 6. incorporation of Provisions: The CONSULTANT shall include dhe provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FFRVA may direct as a means of enforcing such provisions including sanctions for non - compliance. Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub- consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts • A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the P120J'F.°.C`i'. In addition, the CONSULTANT shall be paid for any authorized extra work completed. Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authori7xd extra work completed. Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT. Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT. DOT Form Sao -oes EF ExmmN I Revised W05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution andlor cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant. Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design eroor(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design errors) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment. Step 3 — Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue. Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meetings) with the consultant have been completed regarding the consultant's alleged design error(s), there are three: possible scenarios: It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point. It is determined via mutual agreement that a consultant design error(s) occurred. tf this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. 'I %e settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place. The agency is to provide H &LP, through the Region DOT Form 144-089 EF Exhibit J Revised 8105 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required. "]'here is not a mutual agreement regarding die alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5. Step 5 — Forward Documents to Highways and I,.oeal Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to I-I &LP for their review and consultation with the FHWA. H &T,,P will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to fmd a resolution to the issue. If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation. H &LP will also identify how the alleged error(s) affect,,; eligibility of project costs for federal reimbursement. If mutual agreement is reached, flee agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. H&LP, in consultation with I~HWA, will identify the amount of federal participation in the agreed upon resolution of the issue. If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation. Exhibit K Consultant Claim Procedures 0 The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less. This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant. Step 1 — Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency's project manager. The consultant's claim must outline the following: • Summation of hours by classification for each firm that is included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Timeframe of the additional work that was outside of the project scope; • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work_ Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager. The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds. If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and' Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures. E)OT Form 1411089 EF Exhbt K Ra Md 8x05 • r � U if the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures. Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) if the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following: • Copy of information supplied by the consultant regarding the claon; Agency's summation of hours by classification for each firm that should be included in the claim; • Any correspondence that directed the consultant to perform the additional work; • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; • Explanation regarding those areas in which the Agency does/does not agree with the consultant's claim(s); • Explanation to describe what has been instituted to preclude future consultant claims); and • Recommendations to resolve the claim. Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FITAVA regarding final settlement of the claim. If die claim is not eligible for federal participation, payment will need to be from agency funds. Step 5 — informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding time consultant's claim(s). include the final dollar amount of the accepted claims) and rationale utilized for the decision. Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. 1 hereby certify that 1 am representative of the firm of Exhibit M -1(a) Certification Of Consultant John Finnegan Budinger and Associates 1101 N. Fancher, Spokane Valley, WA 99212 firm 1 here represent has: • Project No. STPUL- 3846(00 Local Agency and duly authorized whose address is and that neither I nor the above (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGRE 3MENT; (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT; or (c) Paid, or agreed to pay, to any firm, organisation or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any); I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal highway Administration, U.S. 17i:partment of Transportation in connection with this AGRFFMEN'1' involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. Date DOT Farm 140 -069 FF Exhibit M-1 (a) Revised 6105 Signature • Exhibit M -1(b) Certification Of Agency Official hereby certify that 1 ant the AGENCY Official of the Local Agency of • City of Spokane Valley Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to: (a) Employ or retain, or agree to employ to retain, any firm or person; or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. /--Date ®OT Form 140 -089 EF l:WM M- I(b) ReViwd W05 • • Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: A. Are not presently debarred; suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; B. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated 41 paragraph (IXB). of this certification; and D. Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default II. Where the prospective primary participant is unable to certify to any of the statements in this certification,. such prospective participant shall attach an explanation to this proposal. Consultant (Firm): Budinger and Associates (Date) DOT Form 140-088 EF Exhlbft M -2 Revised W05 Vnatpi) Ms or Authorized Ofltcia I of Consultant Supplemental Signature Consultant/Addressrrele phone Budinger and Associates Page for Budinger and Associates Standard Consultant 1 101 N. Fanchei St. Agreement Spokane Valley, WA 99212 Agreement Number Project Title And Work Description Contract #07- 032(2) Fancher / Broadway PCC Intersection Project Geotechnical Exploration & Analysis per Federal Aid Number STPUL - 3845(006) Scope Letter dated 11/27/2007 Local Agency City of Spokane Valley THIS AGREEMENT, made and entered into this �.i day of between the Local Agency of City of Spokane Valley Washington, hereina er called the 'AGENCY", and the above organization hereinafter called the 'CONSULTANT. In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written. CONSULTANT LOCAL AGENCY By By O� Consultant hn Finnegan Agency City Spokane Valley, Washington By Consultant DOT Form 140,089 EFAppeNix 31.910 ReAsed 81D5 By Agency By* Agency By Agency 157P7 FANCHER - BROADWAY INTERSECTION - SCOPE Proposed Scope of Work Geotechnical Exploration & Analysis Descriptions of Project: 1. Proposed roadway improvements at the Fancher/Broadway intersection consist of replacing the pavement with new Portland cement concrete pavement-(KC), along with portions of new hot mix asphalt pavement (%CIA); 2. Improvements to extend approximately 300 feet from intersection in 4 directions with inbound lanes in concrete and outbound lanes approximately 100 feet PCC - 200 feet LIMA; 3. Proposed width approximately 70 feet; 4. Details provided in one pdf drawing (not dated); S. Client requested scope involving subsurface exploration, testing, subgrade characterization, and pavement thickness calculation to provide recommendations for earthwork and recommended minimum thickness; coodiiet work in accordance with local and AASIITO requirements including 1993 AASBTO Guide for Design ofPavemerri Structures. Description of Tasks: 1. Log the conditions in up to 8 test borings to depths of approximately 5 feet, 2. Collect cores of existing surfacing material, 3. Sample soils by bulk and split spoon methods, 4. Conduct laboratory testing of index (i_e., moisture content and texture) and engineering properties of subgrade soils (resilient modulus for calculation of subgrade reaction modulus); ' 5. Conduct geotechnical analysis as a basis to prepare appropriate geotechnical recommendations addressing: a. Pavement support conditions and minimum pavement thickness calculation; b. Criteria for earthwork including suitability of soils for fill, excavation conditions, subgrade preparation, fill placement; c. Prepare geotechnical report Budinger & Associates, Inc. Geotechnical & Environmental Engineers Construction Materials Testing & Inspection a AG-0-RD, CERTIFICATL )F LIABILITY IINSURAN�- °10/030/20 i FRODUCER (509)325 -3024 FAX (S09)32S -1803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moloney, O'Neill, Corkery & ]ones, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7.206 N Lincoln, Suite 6200 _ ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane, WA 99201 INSURERS AFFORDING COVERAGE NAIC # wsuRED Bud nger & Associates Inc r, DWRERA. Continental Vlestern Insurance 3820 E Broadway DSURER e: Spokane, WA 99212 INSURER c: —�� INSURER D: INSURER E: V TH V E Kf1VG CIA POLI OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE WSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. K07WITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. OCCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY RAVE BEEN REDUCED BY PAID CLAIMS. IRSR AD9i TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTME POLICY EXPIRATION LIMITS GENERAL LIABILITY CWP270326921 08/06/2D07 08/06/2008 EACHO00JRREMCE s 1,ODD 1 0 DMLA GE TO RENTED � .gtEn�- 100,00 X CO»iA1EiiC1AL GENERAL LUUitL'TTY MID EXP (Any one per^) S S,000 CLAWIS I mm Fx–� OOCUR PER.SOW L a ACV efL(JRY s 1,000,000 A GENERAL AGGF -GATE $ 2,000,000 GENL AGGREGATE Lawn APPLIES PER: PRODUCTS' OOMWKIP AGG 5 2,000,000 PoucY ED jM El Loc AUTOMOHILP LIABRJTY ANY AUTO CWP270326921 08/06/2007 08/06/2008 0)URNED SINGLE LIMIT (Ea °ms'n°I s 1,000,000 EODILY I"RY (Per PYeort) s A All OWNED AUTOS X SC►�DIRED Avros X HIRED AUTOS X NON-0V /NEORUTOs BODILY INJURY (Pet e:ddero S PROPERTY DAMAGE TV atd6em $ GARAGE L"ILITY AUTO ONLY - EA ACC30EAT t OTHER THAN EA ACC AUTO ONLY: AGO 5 R ANY AUTO 5 EX:CESSAJLIBRELLA LIABRUTY -xi OCCUR CiA40 NAME CUZ70327020 08/06/2007 08/06/2008 E xmocCURRENCE s 3 000,000 AGGREGATE s 3:000,000 s A s DEDLICTUILE s M--rENTION S ` CWP270326921 08/06/2007 08/06/2008 Yres ATU- -EEL E,L, EACH ACCI094T s 1,000,000 EMkOYE.RV UABI ITY WA STOP GAP A UR EEM OFRCERIEMSER EXCLUDED? E.L. .S- LO S 1 OOO OO E.L. o�E : POLICY LitouT EL s 1,000,00 SPECIAL ona under eela`. OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES LEXCLUGbONv ADDED BY ENOORSEMENTI SPCCIAL PROVISIONS e: Appleway Avenue Reconstruction rimary Additional Insured status to' the City of the Spokane Valley for general liability with respect to work performed for the City per insuring form CLCGO020 [3 /07]. 0 day notice of cancellation - non payment of premium City of Spokane Valley Attn: Shane Arit 11707 E Sprague Spokane Valley, WA 99206 �M1l l�CL1 -f11 .ul• - SHOULD ANY OF THE ABOVE DESCR93ED POLX3ES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER VYILL ENDEAVOR TO MAIL 3 0 DAYS %VMTTFN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL 61JCH NOTICE SHALL IMPOSE NO OELIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, TTS AGENTS OR REPRESENTATIVES. AUTH RIZZO REPRESENTATTYC alike Moloney/VAR ACORD 25 (2001108) TIDAL UKU iL Vmrurvai ivw room r-lient#: 83101 BUDINGER ACORDr. CERWICATE OF LIABILITY INSURANC� DIDDIYYYY) IdAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 068 106!0/06108 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Payne Financial Group, Inc. Courtyard Office Center ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 827 W. First Avenue, Suite 225 POLICY EXPIRATIO N 4MIDDIYY LIMITS Spokane, WA 99201 INSURERS AFFORDING COVERAGE NAIC # INSURED BUdinger &Associates, Inc 1101 N Fancher Rd Spokane Valley, WA 99212 INSURER A: Continental Western 08/06109 INSURER B: $1.000,000 INSURER C: LYSURER O: INSURER I- PRIEMI TO RENTED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTINITHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR IdAY 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. NSR 04001 T TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE D POLICY EXPIRATIO N 4MIDDIYY LIMITS • GENERAL LIABILITY CWP2777293 08106108 08/06109 EACH OCCURHZNCE $1.000,000 X COMMERCIAL GENERAL LIABILITY PRIEMI TO RENTED $300 000 CLALMS MADE a OCCUR I•IEO FXP (Ary one person) S10,000 PERSONAL & ADV INJURY S1 000 000 GENERAL AGGREGATE 52 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - CO.MPMP AGG s2,000,000 POLICY. n PRO. LOC • AUTOMOBILE LIAWLITY X ANY AU'T'O CWP2777293 08106/08 08106109 COMBENF.O SINGLE LIMIT (ES Boddent► 51,000,000 BODILY ENJURY (Por pO "on) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (I?er aoddenl) X HIRED AUTOS X NON•Ol'lNED AUTOS PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY AUTO ONLY - EA ACCIOFNT $ OTHER THAN EA ACC S ANY AUTO S AUTO O,YLY: ACG EXCESSIUMBREI_LA, LIABILITY EAC14 OCCURRENCE S OCCUR O CLAIMS MADE AGGREGATE $ 5 DFDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND Wa Stop Gap WC S0IMIT 01x_ E.L. EACH ACCIDENT S1,000,000 A EMPLOYERS" LIABILITY ANY PROPRIETOPJPARTNERtEXECUTIVE OFFICERAIEMBER EXCLUDEIWT CWP2777293 08106/08 08/06109 E.L. OLSEASE - EA EMPLOYEE $1,000,000 II es, describe under DECIAL PROVISIONS 4rnw EL, DISEASE - POLICY LIMIT 91,000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS 'Notification of cancellation due to non - payment of premium will always be 10 days. RE: 24th Ave Reconstruction Project, Contract #081015 The City of the Spokane Valley is Additional Insured for general liability per insuring form CLCGO020 [3107) attached FICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of the Spokane Valley DATE THEREOF, THE ISSUING INSURER MILL ENDEAVOR TO MAIL •3n DAYS 1•!R/TTEN Attn: Christine Bainbridge NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL 11707 E Sprague Ave, Ste 106 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Spokane, WA 99206 REPRESFNTATWES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #M342761 KG1 O AGUKU I.VKF'UKAI IUN Tytltl 6), _zq 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 (2001108) 2 of 2 #M342761 ;age 'Document: Corllpany 1 c• CL CG 00 20 Contractor's Enhancement Endorsevn,_nt 1 0*Edition Page 1 of 9 DWG I General Liability 103/01/07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 00 20 03 07 CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I — COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion or sprinkler leakage to premises while rented to r as temporarily n SECTION III ouLIM T permission INSURANCE owner. A separate limit of insurance applies to this coverage 2. Paragraph 6. of SECTION III — LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, explosion or sprinkler leakage incident. 3. Paragraph 4.b.(1)(b) Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (b) That is Fire, Lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission or One owner; 4. Paragraph 9.a. of SECTION V— DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage of the lightning, is not an C. contract- temporarily premises while rented to you or temporarily occupied by you with permission C. NON -OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property fora charge. D. SUPPLEMENTARY PAYMENTS SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND i3 is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED: o rd= 832178 &ls1= CD358F... 71302008 Sage Document: Company F� I CL CC 00 20 Contractor's Enhancement EndorSCDlent 10-33--07 Edition Page 2 of 9 e. Any person or organization described in paragraph f, below, whom you and such person or organization Have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. 47C7SFi &-rd= S32178cC1sic_= CD35al ,.. 7/30020 08 Sage, Document: Convfaanl, *-Is I CL CG 00 20 Cont]'aCtOr'S Ellin' Endorsement `fy^ X07 Edition Page 3 of 9 Such person or organization is an insured provided: (1) The written or oral contract or agreement is: (a) Currently in effect or becomes effective during the policy period; and (b) Executed prior to an "occurrence' or offense to which this insurance would apply. (2) They are not specifically designated as an additional insured under any other provision of, or endorsement added to, this policy. f. Only the following persons or organizations are additional insureds under this endorsement, and coverage provided to following such additional insureds is limited as provided herein: (1) The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Any person or organization from whom you lease equipment, but only with respect u liability for "bodily Lion or "property damage" or "personal and advertising injury " caused, in whole or in part, by your maintenance, operation or use or equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: oval of (a) The existence, maintenance, repair, construction, erection, or rem hoist away openings, va�ultsnstprieet cellar entrances, coal holes, driveways, banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators. F. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — AUTOMATIC STATUS 1. SECTION II —WHO IS AN INSURED is amended toch inc puerson or organizations have aag agreed writing ninaaocontractoor you are performing operations y. agreement that such person or organization be added as an additional d insured u " on "property damage" or "person al and organization is an additional insured only with respect to liability for "bodily injury", p p rty g advertising injury" caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's tatus as an additional insured under this policy ends when your operations for that additional insured are completed. 2. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to Bodily injury render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or f lining and prepare or specifications; ore, maps, shop drawings, opinions, reports, surveys, fielc orders, change orders g (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other that service, maintenance or repairs) to be performed f rmed by or on behalf of the additional insured(s) at the location of the covered operations has been (2) That portion of "your work" other than which heh injury n tor orasub ontractohengag d pnlperfosmingiloperationsyforn person or organization principal as G part of the same project. e,=.. vi476�S�lrc�- �3217SRr1sig= CD3f;F... 7/30120( Sage 17ocument: Colnpiaily CL. CG 00 20 Contractor's rnhamcnient Endorserr►ent. ( 0� '.ditlon Page 4 01 J rd= 832'178 &lsig= CD3dS:E... 7/30/200 Sage Document: Col"Plily is I CL CG UU 20 Canff actor's 1✓nI-Iallcement >✓ndorsement I (�7 Edition Page : of 3. The insuranfe, h�i°y r ri l si � s nnr if uch policywas p ocured a d paid tor bysuch policy unde y such additonatnsuad sa namednsured additional insured, or a parent or related entity of such additional insured. 4. With respect to the insurance afforded to these additional insureds, SECTION III — LIMITS OF INSURANCE is amended as follows: The limits applicable 1vhic the hevetlis less. nlfunoaimits those e spec filed inrfheh2rntten contractcoroag agreement ement, thoe limits applicable in the Declarations, to the additional insured limits ured re those specified the Declarations. Declarations. The limits of insurance are in of and not in addition to the G. PROPERTY DAMAGE TO BORROWED EQUIPMENT 1. paragraph 2.j. of SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY is amended as follows: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. 2. SECTION III — LIMITS OF INSURANCE is deleted and replaced ri arn} }age "f to borrowed equipment is $15,000. This limit of -i-he most insurance we s the llmost we will pay regardless of the rnumber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". Deductible a. Our obligation to pay damages on behalf of the insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one - occurrence ", regardless of the number of persons or organizations who sustain damages because of that "occurrence ". b. The terms of this insurance including d uties in with the event of am ri "occurrence", claam�eor�`fs the insured irrespective o the seeking those damage y application of the deductible amount. c. We may pa' any part or all of the deductible amount to effect settlement of any claim or suit and, upon notification of the action taken; you shall promptly reimburse us for such part of the deductible amount as we have paid. H. BROADENED NAMED INSURED Paragraph 3. of SECTION II - WHO IS AN INSURED is deleted and replaced by the following: Any organization, other than a joint enture,insurancwhich ao maintain organza in. However: of more than 50% will be a Named Insured it there is no a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, injury " or "property damage" that occurred before you acquired or formed the b. COVERAGE A does not apply to "bodily organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. I. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT as damages caused by "occurrences" under 1. For all sums which the insured becomes legally obligated to pay g COVERAGE A (SECTION an for all es caused u accidents under frp (SECTION ) which can be attributed only to ongoing operations aasingleconst ct onpojectaw ay from re n sesowned b or rented to the insured: a. A Single Construction Project General thagAggregate i nit t equal top nle amount cof the General project gregate�1�Limit shown nr the owned by or rented to t Declarations. b. The Single Construction Project General Aggregate Limit is the most damage" eaindudhd n the brloductsacompindet COVERAGE A, except damages because of "bodily injury" or °property g operations hazard ", and for medical expenses under COVERAGE C regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or nr..R,iri=- ruri47688crd= 832]78�C1si= CI��5BF... 7/�Q1200 Same Document: Compa�orLos I CL CG 00 20 Contractor's Enhancemeiii Endorsemen )3 -07 Edition Yag�c. (.) oz � (3) Persons or organizations making claims or bringing "suits ". '4 713 8S rd =s3? l7S lsi =CD3asF.., 713U Sage Doctiment: Conpanorms I CL CG C►0 20 Contractor's rnbancen-ient Lncforsement4W -07 Edition Fawe 1 of c. Any Payments made under COVERAGE A f aega Limit for that construction project away from expenses remises owned by the Single Construction Pot..t Gs ha or rented to the insured. Such pay ConstrucJonoP Project General al Aggregate Lime for �any other tseparate construction on shall they reduce any other Sing project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Oc agree. ire D Limit shown ind thedDeclaraions, suoch limitsowilpbe However, instead of being subject to the subject to the applicable Single Construction Project General Aggregate Limit. 2. For all sums which the insured becomes medical expenses 1e caused by damages caused COVERAaGEat C f(SECTION s1), COVERAGE A (SECTION I), and for all me which cannot be attributed only to ongoing operations at a single designated construction project y owned by or rented to the insured: a. Any payments made under COVERAGE i Aggregate Limit under COVERAGE oduccts Co pleted operatioPsnAggregate s Limit, the amount available under the Gene g9 g whichever is applicable; and Limit. b. Such payments shall not reduce any Single Construction Project General Aggregate a menu foi 3. When coverage for liability arising out of the "products- completed in operations the io roducts- r�ompletedl operations hazard" wil es because of "bodily injury' or `property darnage" included in the "p reduce P Aggregate Limit, and not reduce the General Aggregate Limit nor the Single rduce the Products- Compl..ted Operations Construction Project General Aggregate Limit. applicable construction project away from premises awned by or rented to the from blueprints, designs abandoned 4. If lay app 1 delayed, or abandoned and tthna'L restarted still be deemed to be the same parties project. plans, p specifications or timetables, p ] ) not otherwise modified by this endorsement shall continue to app 5. The provisions of Limits Of Insurance (SECTION Ill as stipulated. J. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION I COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence ", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence ", offense, c °o `your as Comps sati f, We are considered on notice of an "occurrencen offense, claim or "suit" that insurer for an event which later develops onsidered on notice If you notifylusmasrsoon asr you � know the claim should this policy. However, we will only addressed by this policy rather than vour Workers' Compensation policy. K. UNINTENTIONAL OMISSIONS tations of SECTION IV - COMMERCIAL GENERAL LIABIL The following is added to paragraph 6. Represen CONDITIONS: d. If you unintentionally fail to disclose at of suchsfai ure to disclose. inception ere this provision we does not atfect out* nigh under this Coverage Part solely because collect additional premium or exercise our right of cancellation or non- renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this polio) p L. MENTAL ANGUISH Paragraph 3. of SECTION V — DEFINITIONS is deleted ase sustained by a ersoon,11i(neluding mental anguish or death resul 3. "Bodily injury" means bodily injury, sickness from any of these at any time. M. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COMMERCIAL GENET Paragraph the addition of the following: LIABILITY CONDITIONS is amended by 1sia= CD>jBF... 7/301 Safe Dociunent; Cou-ijaan.i ins I CL CG 00 20 Contractor's F-nli ii-icet71£iit E..ndorsellient.1 07 Edition Pa-'c b of a We waive any right of recovery �ncnt�a ah�ntractaequi�ngasuchnwaiver ith hatnoersonr or organization and included id dnn"the operations or your work d .products-completed operations hazard ". However, our rights may only be waived the do nothing after giving loss to impaier our rights. At ourr request then used payment under this Coverage Part• will bring "suit" or transfer those rights to us and help us enforce those rights. N. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I — Coverage A is replaced by the following: 2. Exclusions This insurance does not apply to: Pollution (1) "Bodily injury" or "property damage" arising out the actual, alleged or threa #ened discharge, d' +spersa , seepage, migration, release or escape of "pollutants": (a) At or from any rpre indirectly on on any sourred's behalf acre insure( erfo ming opera contractors ons if the orper�ationsrareoto test r, directly o e remove, contain, treat, detoxig or neutralize, or in any way respond to, or test for, monitor, clean up, assess the effects of, "pollutants "; or the surface of (b) At or from a storage tank or other container, time, pasts on burned which is under the below surface of the ground or water and the ground or water or Y then subsequently exposed by e�rosione, ex a excavation release r a oroescape ofr° pollutant actual, aises at ore from threatened discharge, dispersal, seepage. an premises, site location which are performing g operationsrrif the" pollutants" are b ought'onr or directly or indirectly on any in the premises, site or location in connection with such operations by such insured, contractor or subcontractor. "bodily injury" or "property damage" arising out of heat, smoke or Subparagraph (b) does not apply to fumes from a "hostile fire ". (2) Any loss, cost or expense arising out of any: (a) Request. demand, rder or environmental statutory ren or regulatory tat gtesemeregulations that made any insured hest for monitor, clean al protection monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess i � effects of, "pollutants "; or damages (b) Claim or suit by or on behalf of governmental treating, detoxifying for r neutralizing eoa n any testing gesponding so c cleaning up, removing, assessing the effects rot, "pollutants ". those sums the insured becomes lslig However, this paragraph d s rt py to li ilitfo oe p o p eY a h su edwould haven heabsencoofucheques pay as damages because demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of governmental authority. 2. With respect to "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, disperse seepage, migration, release or escape of "pollutants ": a. The "'Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section III) does not apply. c. Paragraph 1. of Section III — Limits i0endorsementsoePn thedDeclarations l a d the rules below fix the most we will p The Limits Of insurance shown m regardless of the number of: (1) Insureds; „r 7f3012� . .,,, rl= rfinr, R. irl— c�vi47G89 &,rd= 832178&Isig= CD3 >$F... Sa��e•�Docunient: ComPaL C�L C 100 20 Contractor's Enhancement Endorsement 147 Edition .t,age � of (2) Claims made or "suits" brought; or (3) persons or organizations making claims or bringing "suits ". d. The following are added to Section III — Limits Of Insurance: B. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of "bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" is $100,000. 9. Subject to B. above, the Medical Expenson Limit the or°a�is ng outt o+the actual alleged for r threatenedldischa ge because of "bodily injury sustained by y dispersal, seepage, migration, release or escape of ,pollutants". O. OTHER INSURANCE by one or If this policy includes a Coverage Form mennt are deleted and or an Endorsement +n' t the limit and the coverage provided by this endorsement provides coverage for loss or damage covere more of the Extensions of this ende by that Coverage Form or Endorsement. replaced by the limit and coverage provided @Continental Western Group 02008 SilverPlume Reference Systems, Inc. All Rights Reserved. 7-...Q.;A enx, ia7r,gg&rc1= 83`'178&ISi . =C1733 5 SF... 7/30/201