08-054.00 Budinger & Associates: 24th Ave Reconstruction Materials Testingi •
AGREEMENT FOR PROFESSIONAL SERVICES
Budinger & Associates, Inc.
24th Avenue Reconstruction Project
Construction Materials Testing Services
Contract #08 -015
THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of
Washington, hereinafter "City" and Budinger and Associates, Inc. hereinafter "Consultant," jointly referred
to as "parties.'
hN CO\iSII)ERATION of the terms and conditions contained herein the parties agree as follows:
1. Work to Be Performed. The Consultant will provide all labor, services and material to
satisfactorily complete the attached Proposal to Provide Construction Materials Testing, prepared by Budinger
and Associates, Dated May 1, 2008.
A. Administration. The City Manager or designee shall administer and be the primary
contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or
designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager
or designee, Consultant shall commence work, perform the requested tasks in the Scope of Work, stop work
and promptly cure any failure in performance under this agreement.
B. Representations. The City has relied upon the qualifications of the Consultant in
entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability,
skill and resources necessary to perform the work and is familiar with all current laws, piles and regulations
which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made
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without the written consent of the City.
Consultant shall be responsible for the technical accuracy of its services and documents
resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall
correct such deficiencies without additional compensation except to the extent such action is directly
attributable to deficiencies in City furnished information.
C. Modifications. The City may modify this agreement and order changes in the work
whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the
City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed
between the parties. The Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the City without additional compensation.
2. Term of Contract. This agreement shall be in full force and effect upon execution and shall
remain in effect until completion of all contractual requirements have been met.
Either party may terminate this agreement by ten days written notice to the other party. In the
event of such termination, the City shall pay the Consultant for all work previously authorized and
satisfactorily performed prior to the termination date.
3. Compensation. The City agrees to pay the Consultant on a time and materials basis, not to
exce-4 $44,478-16 for Geotechnical Exploragon & Analysis Services as descri c attached proposal.
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Agreement for Professional Senices �y � ' a.r6G R•4 e C 1P t'agc t of 5
C08 -54
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The Consultant shall not proceed with work that will exceed this billable; ost- w)tliout obtaintngg riff D
approval from the City. A Management Reserve fund in the amount of $4=11 also hereby established
that maybe spent on the project, if the City authorizes. A total contract amount of $16,642.40 is established as
the maximum compensation for everything done under this agreement.
4. Payment. The Consultant shall be paid monthly upon presentation of an invoice to the City.
Applications for payment shall be sent to the City Clerk at the below stated address.
The City reserves the right to withhold payment under this agreement which is determined in the
reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City
Standards, City ordinances and federal or state standards.
Notice. Notice shall be given in writing as follows:
TO THE CITY:
Name: Christine Bainbridge, City Clerk
Phone Number: (509)921 -1000
Address: 11707 East Sprague Ave, Suite 106
Spokane Valley, WA 99206
TO THE CONSULTANT:
Name: John Finnegan, P.E., Project Engineer
Phone Number: (509) 535 -8841
Address: 1101 N. Fancher Road
Spokane Valley, WA 99212
6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree
to comply with all applicable Federal, State, local laws, ordinances, and regulations.
7. Relationship of the Parties. It is understood, agreed and declared that the Consultant shall be
an independent Consultant and not the agent or employee of the City, that the City is interested in only the
results to be achieved, and that the right to control the particular manner, method and means in which the
services are performed is solely within the discretion of the Consultant. Any and all employees who provide
services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant
shall be solely responsible for the conduct and actions of all its employees tmder this agreement and any
liability that may attach thereto.
8. Ownership of Documents. All drawings, plans, specifications, and other related documents
prepared by the Consultant under this agreement are and shall be the property of the City, and may be subject
to disclosure pursuant to RCW 42.56 or other applicable public record laws.
9. Records. The City or State Auditor or any of their representatives shall have full access to
and the right to examine during normal business hours all of the Consultant's records with respect to all
matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts
or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of
matters covered by this contract for a period of three years from the date final payment is made hereunder.
10. Insurance. The Consultant shall procure and maintain for the duration of the agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in connection
with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to
limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's
recourse to any remedy available at law or in equity.
Agreement for Professional Services Page 2 of 5
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
1. Automobile Liability insurance covering all owned, non- owned, hired and
leased vehicles. Coverage shall be written on insurance Services Office (ISO) form
CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,
the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence
form CG 00 01 and shall cover liability arising from premises, operations,
independent contractors and personal injury and advertising injury. The City shall be
named as an insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
l i.mits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate Limit.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to
contain, the following provisions for Automobile Liability, Professional Liability and
Commercial General Liability insurance:
1. The Consultant's insurance coverage shall be primary insurance as respect
the City. Any insurance, self - insurance, or insurance pool coverage maintained by
the City shall be excess of the Consultant's insurance and shall not contribute with it.
2. Cancellation of Consultant's insurance shall be governed by either:
a. the policy shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty days prior written notice by certified mail,
return receipt requested, has been given to the City, or
b. the Consultant shall provide at least 30 days prior written notice by
certified mail, return receipt requested of a cancellation.
Agreement for Professional Senices Page 3 of 5
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:V 1.
E. Evidence of. Coverage. As evidence of the insurance coverages required by this
contract, the Consultant shall fttrnish acceptable insurance certificates to the City at the time
the Consultant returns the signed contract. The certificate shall specify all of the parties who
are additional insureds, and will include applicable policy endorsements, and the deduction or
retention level. Insuring companies or entities are subject to City acceptance. If requested,
complete copies of insurance policies shall be provided to the City. The Consultant shall be
financially responsible for all pertinent deductibles, self- insured retentions, and/or self -
insurance.
11. Indemnification and Hold Harmless. The Consultant shall defend, indemnify and hold the
City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages,
losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,
except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to R.CW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees,
and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the
Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of the agreement,
12. Waiver. No officer, employee, agent or other individual acting on behalf of either party has
the power, right or authority to waive any of the conditions or provisions of this agreement. No waiver in one
instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded
in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy
provided herein or by law. Failure of either party to enforce at any time any of the provisions of this agreement
or to require at any time performance by the other party of any provision hereof shall in no way be construed to
be a waiver of such provisions nor shall it affect the validity of this agreement or any part thereof.
13. Assignment and Delenatlon. Neither party shall assign, transfer or delegate any or all of the
responsibilities of this agreement or the benefits received hereunder without first obtaining the written consent
of the other party.
14. Subcontracts. Except as other%vise provided herein, the Consultant shall not enter into
subcontracts for any of the work contemplated under this agreement without obtaining prior written approval of
the City.
15. Confidentiality. Consultant may, from time to time, receive infornation which is deemed by
the City to be confidential. Consultant shall not disclose such information without the express written consent
of the City or upon order of a Court of competent jurisdiction.
16. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington.
Venue shall be in Spokane County, State of Washington.
Agreement for Professional Services Page 4 of 5
17. Cost and Attorney's Fees. In the event a lawsuit is brought with respect to this agreement,
the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court
as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not
exceed the total sum amount paid under this agreement.
18. Entire Agreement. This written agreement constitutes the entire and complete agreement
between the parties and supercedes any prior oral or written agreements. This agreement may not be changed,
modified or altered except in writing signed by the parties hereto.
19. Anti - kickback. No officer or employee of the City, having the power or duty to perform an
official act or action related to this agreement shall have or acquire any interest in this agreement, or have
solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person
with an interest in this agreement.
20. Business Registration. Prior to commencement of work under this agreement, Consultant
shall register with the City as a business.
21. Severability. If any section, sentence, clause or phrase of this agreement should be held to
be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any
other section, sentence, clause or phrase of this agreement.
22. Exhibits. Exhibits attached and incorporated into this agreement are:
1. Scope of services
2. Insurance Certificates
f
IN WITNESS WHEREOF, the parties have executed this agreement this day of
2008.
I QF SPOKANE VALLEY: Consultant:
er ier, City Manager Own REDACTED
Tax VNo.
ATTE ; APPROVED AS TO FORM: `
Christine Bainbridge, City Cler Office of City mey
This document contains confidential tax information and
has been redacted pursuant to RCW 82.32.330.
You may petition for a review of our findings pertaining to any
redacted or withheld documents pursuant to Spokane Valley
Municipal Code (SVMC) 2.75.080; and obtain judicial review
pursuant to RCW 42.56.550.
Agreement for Professional Services Page 5 of 5
IEI di.nger
00=0 &Associates
Craig Aldworth, PE
City of Spokane Valley
11707 East Sprague Avenue, Suite 106
Spokane Valley, WA 99206
PROJECT:
SUBJECT:
Dear Mr. Aldworth,
MAY 9 2008
24'5 Avenue Reconstruction
Spokane Valley, WA
0101 Noah Fancher Road
Spokane Valley, WA 99212
Tel: 509.535.8841
Fax: 509.535.9589
May 1, 2008
Proposal Number 1291\48
Proposal to Provide Construction Materials Testing
Thank you for the opportunity to offer the following proposal for construction materials testing services for
the proposed 24th Avenue Reconstruction project. We are eager to assist you in assuring a quality
construction project. This work is intended to meet City Spokane Valley Standards for Road Construction.
PERSONNEL
We propose to assign qualified Professional Engineers and engineering technicians as necessary to provide
the required services on this project. The project engineer will be John Finnegan, PE. Project management
will be provided by our Construction Services Manager; Kyle Sanford. As necessary, he will be assisted by
Steve Wilson, Thomas Black, EIT and Ray De La Cruz. Laboratory testing will be performed and
supervised by our Laboratory Manager, Terri Ballard.
PROJECT
The project will reconstruct 24th Avenue east of Sullivan Road and Vera Crest Drive up to and including the
22"d Avenue intersection. 24`h Avenue becomes Vera Crest Drive when the street turns north east at the top
of the hill near the Vera Water and Power reservoir access road.
SCOPE
We anticipate the following scope of work.
Earthwork. A soils technician will visit the site to examine utility excavations and subgrades. Field density
tests (compaction) will be performed by nuclear methods on subgrades, each lift of fill or back-fill placed in
paving areas, crushed surfacing, CTB and over site utilities. Samples of onsite and borrow soils will be
taken and laboratory tests will be conducted to determine suitability and maximum dens itylopti.mum
moisture.
Concrete. A concrete technician will be present to perform concrete placement inspections, conduct slump
and air entrainment tests, and cast compressive *strength specimens during concrete placements. Samples
will be collected the following day and returned to the laboratory for curing until test age.
Asphalt Concrete Pavement. An asphalt concrete technician will be present during paving to sample
pavement, perform compaction testing, and monitor paving operations. Samples of ACP will be tested in
our'laboratory for asphalt content, sieve analysis, volumetrics, and theoretical maximum specific gravity.
Geotechnical & Environmental Engineers
Construction Materials Testing & Inspection -l-
•
129iM 24"4,4 e Reconstruction- Proposal
We ask that we be notified of the need for our services the day before activities requiring our attention. We
understand that this scheduling is often complicated and will be as flexible as possible.
Typed reports detailing the results of tests and inspections will be processed and mailed on a weekly basis to
our client and others at our client's request.
COST
We have developed a Cost Estimate for our services on this project. Our involvement is highly dependent
on contractor performance and scheduling, factors which are beyond our control. li
DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE
The two pags entitled "Unit Cost for Meterials Testing and Sampling Services" contain
confidential cost and rate data and are 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.
0 0
ACORL ?M CERTIFICATE OF LIABILITY INSURANCE 1 05/23/2008)
PRODUCER (509)325 -3024 FAX (509)325 -1803 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Moloney, O'Neill, Corkery & ]onus, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1206 N Lincoln, Suite #200 ALTER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Spokane, WA 99201
INSURERS AFFORDING COVERAGE NAIC #
INSURED BudTnger & Associates Inc WSURERA: Continental Western Group
3820 E Broadway INSURER B:
Spokane, WA 99212 INSURER C:
INSURER O:
INSURER Z-:
COVERAGES
THE POLICIES OF INSURANCE LIST=ED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAiD CLANS.
I15R
A,001
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLIO EXPIRATION
LIMITS
Spokane Valley, WA 99206
GENERAL LIABILITY
CWP270326921
08/06/2007
08/06/2008
EACH OCCURRENCE
5 1-,000,000
X COMMERCIAL GENERALLIABILTTY
CLAIMS IAADE a OCCUR
DAMAGE TORENiEDD��
PRF1/Jq :R
$ 100 1 000
MEAD EXP "Ions person)
$ 51000
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PERSONAL & AJDV INALRY
5 11000,000
GENERAL AGGREGATE
$ 2,000,000
OEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - OOMPIOP AGO
$ 2,000,000
POLICY X PE T LOC
AUTO\+OBILEUABIUTY
ANY AUTO
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08/06/2007
08/06/2008
COMa1NED SINGLE LIMIT
(Ea ettidenq
$ 1,000,000
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(. ?erperson)
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EMPLOYERS' LIABILITY
ON)CERIMEMBEER EXCLUDED ecunS
WASHINGTON STOP GAP
E.L EAC51 ACCIDENT
5 1,000,000
E.L DISEASE - EA EM-PLOYEd
$ 1,000,000
Ii yy00s, doscr4L'o under
5FECIAL PROVISIONS below
E.L. DISEAS: - POLICY LIAR
S 1,000,000
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS) VEHICLES 7 EXCLUS00 S ADDED BY EN ORSEI /ENT 1 SPECIAL PROVISIONS
E. 24th Ave Reconstruction Project, Contract +408 -015
The City of the Spokane Valley is Additional Insured for general liability per insuring form CLC00020
3/071 attached.
0 day notice of cancellation - non payment of premium.
nCGT�Cl/'.ATC un� n�o t'AWPFI 1 ATIMI
ACORD 25 (2001108) CACORD CORPORATION 1988
r*�
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL
City of the Spokane Valley
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED To THE LEFT,
Attn : Christine Bainbridge
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
11707 E Sprague Ave, Ste 106
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
FAUTHORIZIED REPRESENTATIVE
Spokane Valley, WA 99206
Mike Molone RST �l
ACORD 25 (2001108) CACORD CORPORATION 1988
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0
IMPORTANT
0
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 after the coverage afforded by the policies listed thereon_
ACORD 25 (2001108)
•
•
ACORD CERTIFICATE OF LIABILITY INSURANCE P DA 05123!2008 Y'
M.
PRODUCER Phone: (360) 591-3700 Fro: (3605W-3703
MICHAEL J. HALL 8 COMPANY
THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HALL & COMPANY
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
19660 10TH AVENUE N.E.
TYPE OF INSURANCE
POLICY NUMBER
POLICY ErrEamrE
oATttraM,aOn
POULSBO WA 98370
LIMITS
INSURERS AFFORDING COVERAGE
NAIC #
INSURED
INSURER A Boazloy Insurance Company Inc
10040501
BUDINGER & ASSOCIATES INC
INSURER 8:
S
1101 N FANCHER
SPOKANE VALLEY, WA 99212
INSURER C:
INSURER 0:
COMMERCIAL GENERAL LABILITY
CLAIMS MADE ❑ OCCUR
INSURER E:
MED. EXP (Any ore person
COVERAGES
THE POLICIES OFF INSURANCE USTED BELOW I4AVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDOCATED, NOTNATHSTANDING
ANY RSWREMI NT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TOV.1i1CH THIS CERTIFICATE MAY RZ ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY Tk= POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TIC TERMS, EXCLUSIONS AND CONDITIONS OF SUG°i
POLICIES. AGGREGATE LIMITS SHM'N AIAY HAVE BEEN REDUCED BY PAID CtA MS,
INvp
LTR
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TYPE OF INSURANCE
POLICY NUMBER
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DATE MMM
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AUTHORIZED REPRESENTATIVE /
Attention: Craig Aldworth
GENERAL LIABILITY
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COMMERCIAL POLLUTION LIABILITY
CLAIMS MADE FORM
DESCRIPTION OF OPERATIONS ILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
24th Avenue Roconstruction Project
CFRTIFICATF HOLDFR CANCELLATION
ACORD 25 (2001/08) Certificate # 76635 O ACORD CORPORATION 1988
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED I `FORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER VALL ENDEAVOR TO MAIL 30 DAYS
City of Spokane Valley
WRITTEN NOTICE TO THE CERTIFICATE HOLDER MAED TO THE LEFT, EUT FAILURE TO
11707 East Sprague, Suite 106
DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT'S
Spokane Valley, WA 99206
AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE /
Attention: Craig Aldworth
Matthew L. COpus
ACORD 25 (2001/08) Certificate # 76635 O ACORD CORPORATION 1988
•
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 (20D1108) Certificate #76635
• •
Such person or organization is an insured
(c) The ownership, maintenance, or use
provided:
of any elevators.
(1) The written or oral contract or agree-
F. ADDITIONAL INSURED — OWNERS, LESSEES
ment is:
OR CONTRACTORS — AUTOMATIC STATUS
(a) Currently In effect or becomes effec-
1. SECTION II — WHO IS AN INSURED Is
tive during the policy period; and
amended to include as an additional insured
(b) Executed prior to an occurrence or
any person or organization for whom you are
offense to which this insurance
performing operations when you and such
person or organization have agreed in writ-
ing in a contract or agreement that such per -
(2) They are not specifically designated as
son or organization be added as an addi-
an additional insured under any other
tional insured on your policy. Such person or
provision of, or endorsement added to,
organization is an additional insured only
this policy.
with respect to liability for "bodily injury",
I. Only the following persons or organizations
"property damage" or "personal and adver-
tising injury" caused, in whole or in part, by.
are additional insureds under this endorse-
ment, and coverage provided to such addi-
a. Your acts or omissions; or
tional insureds is limited as provided herein:
b. The acts or omissions of those acting on
(1) The manager or lessor of a premise
your behalf;
leased to you, but only with respect to li-
ability arising from the ownership, main-
in the performance of your ongoing opera -
tenance or use of that part of the prem-
tions for the additional insured.
iscs leased to you and subject to the fol-
A person's or organization's status as an ad-
lowing additional exclusions:
ditional insured under this policy ends when
This insurance does not apply to:
your operations for that additional insured
are completed.
(a) Any 'occurrence" which takes place
after you cease to be a tenant of that
2. With respect to the insurance afforded to
premises.
these additional insureds, the following addi-
(b) Structural alterations, new construe-
tional exclusions apply:
lion or demolition operations per-
This insurance does not apply to:
formed by or on behalf of [lie man-
ager or lessor.
a. "Bodily injury", "property damage" or
'personal
and advertising injury" arising
(2) Any person or organization from whom
out of the rendering of, or the failure to
you lease equipment, but only with re-
render, any professional architectural,
spect to liability for "bodily injury", "prop-
engineering or surveying services, in-
erty damage" or "personal and advertis-
eluding:
ing injury" caused, in whole or in part, by
your maintenance, operation or use of
(1) The preparing, approving, or failing
equipment leased to you by such per-
to prepare or approve, maps, shop
son(s) or organization( s).
drawings, opinions, reports, surveys,
field orders, change orders or draw -
However, this insurance does not apply
ings and specifications; or
to any "occurrence" which takes place
after the equipment lease expires.
(2) Supervisory, inspection, architec-
tural or engineering activities.
(3) Any state or political subdivision, subject
to the following additional provision:
b. "Bodily injury' or "property damage"
This insurance applies only with respect
occurring after:
to the following hazards for which the
(1) All work, including materials, parts
state or political subdivision has issued a
or equipment furnished in connec-
permit in connection with premises you
tion with such work, on the project
own, rent, or control and to which this in-
(other than service, maintenance or
surance applies:
repairs) to be performed by or on
(a) The existence, maintenance, repair,
behalf of the additional insured(s) at
the location of the covered opera -
construction, erection, or removal of
tions has been completed; or
advertising signs, awnings, cano-
pies, cellar entrances, coal holes,
(2) That portion of "your work" out of
driveways, manholes, marquees,
which the injury or damage arises
hoist away openings, sidewalk
has been put to its intended use by
vaults, street banners, or decora-
any person or organization other
dons and similar exposures; or
than another contractor or subcon-
(b) The construction, erection, or re-
tractor engaged in performing op-
erations for a principal as a part of
moval of elevators; or
the same project.
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6
Office, Inc., with its permission
•
3. The insurance provided by this endorsement
is primary insurance and we will not seek
contribution under any insurance policy un-
der which such addkional insured is a
named insured, if such policy was procured
and paid for by such additional insured, or a
parent or related entity of such additional in-
sured.
4. With respect to the insurance afforded to
these additional insureds, SECTION III —
LIMITS OF INSURANCE is amended as fol-
lows:
The limits applicable to the additional in-
sured are those specified in the written con-
tract or agreement or the limits stated in the
Declarations, whichever is less. If no limits
are specified in the written contract or
agreement, the limits applicable to the addi-
tional insured are those specified in the Dec-
larations. The limits of insurance are inclu-
sive of and not in addition to the limits of in-
surance shown in the Declarations.
G. PROPERTY DAMAGE TO BORROWED
EQUIPMENT
1. Paragraph 2.. of SECTION I - COVER-
AGES, 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 per-
form operations at the time of loss.
2. SECTION III — LIMITS OF INSURANCE is
deleted and replaced by the following:
The most we will pay in any one occur-
rence for property damage to borrowed
equipment is $15,000. This limit of insur-
ance is the most we will pay regardless of
the number of:
a. Insureds;
b. Claims made or sui is brought; or
C. Persons or organizations making claims
or bringing sui ts.
3. Deductible
a. Our obligation to pay damages on behalf
of the insured applies only to the amount
of damages in excess of $250 as appli-
cable 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
those with respect to our right and duty
to defend the insured against any sui is
seeking those damages; and your duties
in the event of an occurrence, claim, or
sui t apply irrespective of the application
of the deductible amount.
•
c. We may pay any part or all of the de-
ductible 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 de-
ductible amount as we have paid.
H. BROADENED NAMED INSURED
Paragraph 3, of SECTION II - WHO IS AN IN-
SURED is deleted and replaced by the following:
Any organization, other than a joint venture, over
which you maintain ownership or majority inter-
est of more than 50% will be a Named Insured if
there is no other similar insurance available to
that organization. However:
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.
b. COVERAGE A does not apply to "bodily in-
jury" or "property damage" that occurred be-
fore you acquired or formed the organiza-
tion.
c. COVERAGE B does not apply to "personal
and advertising injury' arising out of an of-
fense committed before you acquired or
formed the organization.
I. CONSTRUCTION PROJECT GENERAL AG-
GREGATE LIMIT
For all sums which the insured becomes
legally obligated to pay as damages caused
by occurrences under COVERAGE A
(SECTION 1), and for all medical expenses
caused by accidents under COVERAGE C
(SECTION 1), which can be attributed only to
ongoing operations at a single construction
project away from premises owned by or
rented to the insured:
a. A Single Construction Project General
Aggregate Limit appfies to each con-
struction project away from premises
owned by or rented to the insured, and
that limit is equal to the amount of the
General Aggregate Limit shown in the
Declarations.
b. The Single Construction Project General
Aggregate Limit is the most we will ppa�y
for the sum of all damages under COV-
ERAGE A. except damages because of
bodi ly injury or property damage in-
cluded in the products -com pleted op-
erations hazard, and for medical ex-
penses under COVERAGE C regardless
of the number of:
(1) Insureds;
(2) Claims made or sui is brought; or
(3) Persons or organizations making
claims or bringing sui ts.
CL CG 00 20 03 07 Indudes copyrighted materlaI of Insurance Services Page 3 of 6
Office, Inc., with Its permission
�4CIDRDM CER ICATE OF LIABILITY INSURANCE
05/23/2 81
PRODUCER (509)325 -3024 FAX (S09)32S -1803
M61oney, O'Neill, Corkery & Jones, Inc.
1206 N Lincoln, Suite #200
Spokane, WA 99201
THIS CERTIFICATE IS ISSUED AS —A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Budinger & Associates Inc
3820 E Broadway
Spokane, WA 99212
INSURERA: Continental Western Group
POLICY EFFECTIVE
Ma_
INSURER B:
LIMITS
INSURER C:
INSURER D:
CWP270326921
INSURER E:
08/06/2008
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD'INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
0
NSRE
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
Ma_
POLICY EXPIRATION
DATEIMMODNY)
LIMITS
GENERAL LIABILITY
CWP270326921
08/06/2007
08/06/2008
EACH OCCURRENCE
$ 1, 000, 000
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE IM OCCUR
DAMAGE TO RENTED
$ 100,00
MED EXP I" one person)
$ 51000
A
PERSONAL & ADV INJURY
$ 1,00-0,000
GENERAL AGGREGATE
$ 2,000,000
GEML AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMPIOP AGG
S 2,000,000
RO
rl POLICY X LOC
AUTOMOBILE LIABILITY
ANY AUTO
CWP270326921
08/06/2007
08/06/2008
COMBINEO SINGLE LIMIT
(Ea poddenl)
S
1,000,000
INJURY
1Per person)
$
A
ALL OWNED AUTOS
X SCHEDULED AUTOS —
X HIRED AUTOS
X NON -OWNED AUTOS
-
BODILY IWURY -
1Perecc5denl)
S
PROPERTY DAMAGE
1Per oomdem)
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
ANY AUTO
5
AUTO ONLY: AGG
EXCESS /UMBRELLA LIABILITY
EACH OCCURRENCE
S
OCCUR FI CLALVS MADE
AGGREGATE
S
E
$
DEDUCTIBLE
E
RETENTION S
A
if#rXWXX;
EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNEMEXECUTIVE
OyFFICEW'MEMBER EXCLUDED?
CWP270326921
WASHINGTON STOP CAP
08/06/2007
08/06/2008
wcsrATU- OTH-
I&11
E.L. EACH ACCIDFJdi'
$ 1, 000 'OOO
E.L. DISEASE - EA EMPLOYE
$ 1,000,000
under
SPECIALS PROVISIONS oelpw
E.L. DISEASE - POLICY LIMIT I
S 1,000,000
OTHER
DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
E: 24th Ave Reconstruction Project, Contract #08 -015
he City of the Spokane Valley is Additional Insured for general liability per insuring form CLC00020
[3/07] attached.
0 day notice of cancellation - non payment of premium.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
City of the Spokane Valley 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Christine Bainbridge BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
11707 E Sprague Ave, Ste 106 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE
Mike Moloney /RST
ACORD 25 (2001108) 1 OACORD CORPORATION 1988
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 (2001108)
Such person or organization is an insured
provided:
(1) The written or oral contract or agree-
ment is:
(a) Currently in effect or becomes effec-
tive 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 endorse-
ment, and coverage provided to such addi-
tional insureds is limited as provided herein:
(1) The manager or lessor of a premise
leased to you, but only with respect to li-
ability arising from the ownership, main-
tenance or use of that part of the prem-
ises leased to you and subject to the fol-
lowing 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 construc-
tion or demolition operations per-
formed by or on behalf of the man-
ager or lessor.
(2) Any person or organization from whom
you lease equipment, but only with re-
spect to liability for "bodily injury ", "prop-
erty damage' or 'personal and advertis-
ing injury" caused, in whole or in part, by
your maintenance, operation or use of
equipment leased to you by such per-
sons) 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 in-
surance applies:
(a) The existence, maintenance, repair,
construction, erection, or removal of
advertising signs, awnings, cano-
pies, cellar entrances, coal holes,
driveways, manholes, marquees,
hoist away openings, sidewalk
vaults, street banners, or decora-
tions and similar exposures; or
(b) The construction, erection, or re-
moval 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 to include as an additional insured
any person or organization for whom you are
performing operations when you and such
person or organization have agreed in writ-
ing in a contract or agreement that such per-
son or organization be added as an addi-
tional insured on your policy. Such person or
organization is an additional insured only
with respect to liability for "bodily injury",
"property damage" or personal and adver-
tising 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 opera-
tions for the additional insured.
A person's or organization's status as an ad-
ditional 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 addi-
tional exclusions apply:
This insurance does not apply to:
a. "Bodily injury", "property damage" or
"personal and advertising injury" arising
out of the rendering of, or the failure to
render, any professional architectural,
engineering or surveying services, in-
cluding:
(1) The preparing, approving, or failing
to prepare or approve, maps, shop
drawings, opinions, reports, surveys,
field orders, change orders or draw-
ings and specifications; or
(2) Supervisory, inspection, architec-
tural or engineering activities.
b. "Bodily injury' or "property damage"
occurring after:
(1) All work, including materials, parts
or equipment furnished in connec-
tion with such work, on the project
(other than service, maintenance or
repairs) to be performed by or on
behalf of the additional insured(s) at
the location of the covered opera-
tions has been completed; or
(2) That portion of "your work" out of
which the injury or damage arises
has been put to its intended use by
any person or organization other
than another contractor or subcon-
tractor engaged in performing op-
erations for a principal as a part of
the same project.
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 6
Office, Inc., with its permission
s
3. The insurance provided by this endorsement
is primary insurance and we will not seek
contribution under any insurance policy un-
der which such additional insured is a
named insured, if such policy was procured
and paid for by such additional insured, or a
parent or related entity of such additional in-
sured.
4. With respect to the insurance afforded to
these additional insureds, SECTION III —
LIMITS OF INSURANCE is amended as fol-
lows:
The limits applicable to the additional in-
sured are those specified in the written con-
tract or agreement or the limits stated in the
Declarations, whichever is less. If no limits
are specified in the written contract or
agreement, the limits applicable to the addi-
tional insured are those specified in the Dec-
larations. The limits of insurance are inclu-
sive of and not in addition to the limits of in-
surance shown in the Declarations.
G. PROPERTY DAMAGE TO BORROWED
EQUIPMENT
1. Paragraph 2.'. of SECTION I - COVER-
AGES, COV -RAGE 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 per-
form operations at the time of loss.
2. SECTION 111 — LIMITS OF INSURANCE is
deleted and replaced by the following:
The most we will pay in any one occur-
rence for property damage to borrowed
equipment is $15,000. This limit of insur-
ance is the most we will pay regardless of
the number of:
a. Insureds;
b. Claims made or sui is brought; or
c. Persons or organizations making claims
or bringing sui ts.
3. Deductible
Our obligation to pay damages on behalf
of the insured applies only to the amount
of damages in excess of $250 as appli-
cable 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.
r1
L_..I
c. We may pay any part or all of the de-
ductible 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 de-
ductible amount as we have paid.
H. BROADENED NAMED INSURED
Paragraph 3. of SECTION II - WHO IS AN IN-
SURED is deleted and replaced by the following:
Any organization, other than a joint venture, over
which you maintain ownership or majority inter-
est of more than 50% will be a Named Insured if
there is no other similar insurance available to
that organization. However:
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.
b. COVERAGE A does not apply to "bodily in-
jury" or "property damage" that occurred be-
fore you acquired or formed the organiza-
tion.
c. COVERAGE B does not apply to "personal
and advertising injury" arising out of an of-
fense committed before you acquired or
formed the organization.
CONSTRUCTION PROJECT GENERAL AG-
GREGATE LIMIT
1. For all sums which the insured becomes
legally obligated to pay as damages caused
by occurrences under COVERAGE A
(SECTION 1), and for all medical expenses
caused by accidents under COVERAGE C
(SECTION 1), which can be attributed only to
ongoing operations at a single construction
project away from premises owned by or
rented to the insured:
a. A Single Construction Project General
Aggregate Limit applies to each con-
struction project away from premises
owned by or rented to the insured, and
that limit is equal to the amount of the
General Aggregate Limit shown in the
Declarations.
b. The Single Construction Project General
Aggregate Limit is the most we will pay
for the sum of all damages under COV-
ERAGE A, except damages because of
bodi ly injury or property damage in-
cluded in the products -corn pleted op-
erations hazard, and for medical ex-
penses under COVERAGE C regardless
of the number of:
b. The terms of this insurance, including (1) Insureds;
those with respect to our right and duty (2) Claims made or sui is brought; or
to defend the insured against any sui is
seeking those damages; and your duties (3) Persons or organizations making
in the event of an occurrence, claim, or claims or bringing sui is.
sui t apply irrespective of the application
of the deductible amount.
CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 3 of 6
Office, Inc., %vith its permission