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12-021.00 Strata: Evergreen Rd 19th to 32nd ReconstructionLast Updated November 22, 2010 AGREEMENT FOR PROFESSIONAL SERVICES STRATA Geotechnical Exploration and Pavement Design Contract 12 -004 THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and STRATA hereinafter "Contracting Entity," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed The Contracting Entity shall provide all labor, services and material to satisfactorily complete the attached Strata Proposal dated 11/23/12. A. Administration The City Manager or designee shall administer and be the primary contact for Contracting Entity. Prior to commencement of work, Contracting Entity shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. Upon notice from the City Manager or designee, Contracting Entity shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B. Representations The City has relied upon the qualifications of the Contracting Entity in entering into this Agreement. By execution of this Agreement, Contracting Entity represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of the City. Contracting Entity represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Contracting Entity shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Contracting Entity shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care Contracting Entity shall exercise the degree of skill and diligence normally employed by architects, professional engineers or consultants performing the same or similar services at the time such services are performed. D. Modifications The City may modify this Agreement and order changes in the work whenever necessary or advisable. The Contracting Entity 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 Contracting Entity 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 as determined by the City. Agreement for Professional Services Page 1 of 6 Goi','C) �,I Last Updated November 22, 2010 Contracting Entity shall complete its work within 25 working das of execution of this Agreement, unless the time for performance is extended in writing by the parties. Either party may terminate this Agreement for material breach after providing the other party with at least ten days' prior notice and an opportunity to cure the breach. The City may, in addition, terminate this Agreement for any reason by ten days' written notice to the Contracting Entity. In the event of termination without breach, the City shall pay the Contracting Entity for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Contracting Entity $ 8,947.50 as full compensation for everything done under th is Agreement. Contracting Entity shall not perform any extra, further or additional services for which it will request additional compensation from the City without a prior written agreement for such services and payment therefore. The City has created a 10% Management Reserve Fund of $894.75, that may be spent, only with City approval, for a total Maximum Contract budget of $9,842.25. 4. Payment The Contracting Entity 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 Services, City standards, City Code, and federal or state standards. 5. Notice Notice shall be given in writing as follows: TO THE CITY Name: Christine Bainbridge, City Clerk Phone Number: (5 09) 921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONTRACTING ENTITY: Name: ao . coms� -Ck Phone Number: 504.1341 , I q o&( Address: )ooac, C k..ux Arc, s +e. � Spoka%t \) , w14- Rq;o6 6. Applicable Laws and Standards The parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Contracting Entity warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Relationship of the Parties It is understood, agreed and declared that the Contracting Entity shall be an independent contractor, 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 Contracting Entity. Any and all employees who provide services to the City under this Agreement shall be deemed employees solely of the Contracting Entity. The Contracting Entity shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 8. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Contracting Entity 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. The written, graphic, mapped, photographic, or visual documents prepared by Contracting Entity under this Agreement shall, Agreement for Professional Services Page 2 of 6 Last Updated November 22, 2010 unless otherwise provided, be deemed the property of the City. The City shall be permitted to retain these documents, including reproducible camera -ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. The City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that the Contractor shall have no liability for the use of the Contractor's work product outside of the scope of its intended purpose. 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 Contracting Entity's records with respect to all matters covered in this Agreement. 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 Agreement for a period of three years from the date final payment is made hereunder. 10. Insurance The Contracting Entity 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 Contracting Entity, its agents, representatives, or employees. A. Minimum Scope of Insurance Contracting Entity 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 Contracting Entity's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to the Contracting Entity's profession. B. Minimum Amounts of Insurance Contracting Entity shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Agreement for Professional Services Page 3 of 6 Last Updated November 22, 2010 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 Contracting Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contracting Entity's insurance and shall not contribute with it. 2. Contracting Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Contracting Entity. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage As evidence of the insurance coverages required by this Agreement, the Contracting Entity shall furnish acceptable insurance certificates to the City at the time the Contracting Entity returns the signed Agreement. 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 Contracting Entity shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance. 11. Indemnification and Hold Harmless The Contracting Entity 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, subject only to the limitations provided below: Contracting Entity's duty to indemnify shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the Contracting Entity, or its agents or employees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contracting Entity, its agents or employees, and the City, its officers, officials, employees, or volunteers, the Contracting Entity's duty to indemnify hereunder shall be only to the extent of the Contracting Entity's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contracting Entity's waiver of immunity under Industrial Insurance. Title 51 RCW solely for the purposes of this indemnification. Contracting Entity's obligation to defend, indemnify and hold the City harmless shall include, but not be limited to, the City's attorney and expert fees, court costs, and all other claim - related expenses. 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 a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in Agreement for Professional Services Page 4 of 6 Last Updated November 22, 2010 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. Assianment and Delegation 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 otherwise provided herein, the Contracting Entity shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of the City. 15. Confidentiality Contracting Entity may, from time to time, receive information which is deemed by the City to be confidential. Contracting Entity shall not disclose such information without the prior 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. Disputes between the City and Contracting Entity shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Contracting Entity agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Contracting Entity's services under this Agreement. Contracting Entity further agrees that the Arbitrator(s) decision therein shall be final and binding on Contracting Entity and that judgment may be entered upon it in any court having jurisdiction thereof. 17. Cost and Attorney's Fees The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation (including expert witness fees). 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, Contracting Entity 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. STRATA PROPOSAL Dated 11/23/11 Agreement for Professional Services Page 5 of 6 Last Updated November 22, 2010 2. Insurance Certificates The parties have executed this Agreement this /S CITY OF SPOKANE VALLEY Mike Jackson, City Manager ATTEST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Office 00 e City tttgdey 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 6 of 6 Its: Authorized Re resentative . A16 MAn4g er- Tax ID No._ HEDACTED s Y ra A PROFESSIONAL SFRVICFS C ORPORA TION �rlfcc�rr Fr F -004 4-kc cgrau+td OF November 23, 2011 File: SP11138 Mr. Craig Aldworth, P.E. Project Engineer City of Spokane Valley Public Works Department 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: PROPOSAL Geotechnical Exploration & Pavement Design Evergreen Road Reconstruction Project 19 Avenue to 32 Avenue Spokane Valley, Washington Dear Mr. Aldworth: Strata, A Professional Services Corporation (STRATA) appreciates the opportunity to provide this proposal to the City of Spokane Valley (City) to perform geotechnical exploration and pavement design services for the proposed Evergreen Road Reconstruction Project located between 19 and 32 Avenues in Spokane Valley, Washington. STRATA proposes to provide our services to explore subsurface soil, accomplish geotechnical analyses and provide recommendations to assist project planning and design. The following paragraphs describe our project approach, project understanding and detailed tasks intended to address your requested services as outlined in the November 21, 2011, Request for Proposal (RFP) and as discussed with you via telephone on that date. PROJECT UNDERSTANDING The project comprises reconstructing Evergreen Road from 19 Avenue to 32 Avenue and one block of 32 Avenue east of Evergreen using asphalt concrete pavement (ACP). We understand reconstruction will occur as part of water line installation being accomplished by Vera Water and Power (Vera). Vera will contract to install the proposed water line and reconstruct the roads per the City's plans. We understand the City will use our evaluation and recommended pavement section to develop their plan sheets for inclusion in Vera's contract documents. Evergreen Road is a two -way street with 3 traffic lanes; 2 lanes traversing north and 1 lane traversing south. The project portion of 32 Avenue is also a two -way street with 3 traffic lanes; 2 lanes traversing west and 1 lane traversing east. The existing roadway section is surfaced with ACP and bituminous surface treatment of unknown thickness. Final site grades are expected to remain primarily unchanged from the existing grades. Stormwater disposal improvements or other pavement or foundation structures are not anticipated as part of this project, other than a potential storm drain crossing near 31 st Avenue. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com 10020E. Knox Ave. Ste. 200 Spokane, Washington 99206 P.509.891.1904 F.509.891.2012 Proposal — Geotechnical Exploration & Pavement Design Evergreen Road Reconstruction Project File: SP11138 Page 2 PROJECT APPROACH We propose to explore the site using a series of borings to evaluate the subsurface conditions and to obtain soil samples. We anticipate that coordination to advance the borings will not be significant and exploration can occur during normal business hours between 7:00 a.m. and 7:00 p.m. STRATA will provide traffic control services and has developed a traffic control plan, presented as Plate 1 for City review. We intend to explore the site after morning traffic, but before the late afternoon commute. We will advance borings to 4 to 5 feet below the existing pavement grade, obtain subsurface soil samples and patch each boring following completion. Laboratory testing will be completed to assist soil classification and correlation to the soil's engineering properties. STRATA's pavement design approach will include performing 1 subgrade soil resilient modulus test and accomplishing ACP design for the project alignment. We intend to work closely with the City during design to discuss pavement input parameters and we intend on performing analyses using a software program called DarWIN. We understand the City will provide equivalent single -axle loads (ESALs) for use in our design. Our report will outline the design input parameters we used and summarize our pavement design findings and earthwork recommendations. SCOPE OF SERVICE To develop this scope of service, we reviewed the RFP, performed a site visit and reviewed our prior services in the project area. Referencing the above project understanding and approach, we propose the following scope of service: STRATA will visit the site to establish exploration locations in areas acceptable to the City and also to paint the proposed locations prior to utility locating. STRATA will contact a regional utility notification service ( "One - Call ") prior to exploration for utilities within 50 feet of proposed boring locations. STRATA cannot be responsible for damage or repair to improperly marked utilities. Due to the potential for inclement weather, snow may mask utility markings and require a flexible exploration schedule in the event utility marks are not visible. 2. STRATA will provide traffic control to divert and direct traffic during our work. STRATA will provide appropriate signage, cones and flaggers during all drilling and patching activities that occur within the roadway. Plate 1 provides a traffic control plan for City review and approval. We respectfully request the City provide traffic control plan comments and approval at least 5 days prior to exploration. STRATA will subcontract to advance 4 exploratory borings in the centermost traffic lane as follows: • Evergreen Road — 3 borings spaced evenly between 19 and 32n Avenues • 32n Avenue — 1 boring near the center of the project interval We will advance each boring to a depth of 4 to 5 feet below the existing pavement. We will utilize an asphalt blade to cut asphalt to a larger dimension than the augers to prevent asphalt lifting from subsurface cobbles. Select soil samples will be obtained from auger 04 IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com Proposal — Geotechnical Exploration & Pavement Design Evergreen Road Reconstruction Project File: SP11138 Page 3 cuttings and at near continuous intervals using a 2.5 -inch inside - diameter (3 -inch outside - diameter) California modified split -spoon sampler. The sampler will be advanced below the sampling interval using a 140 -pound hammer falling 30 inches. The number of blows required to advance the sampler from 6 to 18 inches below the sampling interval will be documented as Standard Penetration Test (SPT) "N- values ". Borings will be backfilled using granular soil and tamped using the drill augers and /or hand equipment. We will remove excess cuttings from the site and sweep up excess soil from the boring area prior to patching. Borings will receive a minimum 6 -inch thick quick- setting, high- strength grout patch finished level with the existing asphalt surface. 4. STRATA will complete laboratory testing on select soil samples obtained from exploration. The laboratory testing program is anticipated to include, but may not be limited to, the following: • 3 to 4 percent passing the No. 200 sieve tests • 1 grain size distribution • 1 Modified Proctor • 1 to 2 Atterberg Limits tests • 1 Resilient Modulus (M test (Per the City of Spokane Valley Resilient Modulus Testing Protocol) We will retain soil samples obtained during exploration for 90 days following submittal of our final report unless we receive written notification to retain the samples for a longer time period. 5. STRATA will review field and laboratory data and perform analyses to provide recommendations for: to Earthwork • Reusability of on -site soil • Soil criteria for imported structural fill • Subgrade preparation • Wet weather construction • Excavation characteristics • Structural fill and compaction criteria 4 0 Flexible Asphalt Pavement Design using AASHTO (1993) design methodology • Recommended flexible pavement (ACP) thickness • Recommended crushed surfacing thickness • Recommended crushed surfacing material acceptance criteria o Recommended compaction O%o Additional Recommended Services 6. STRATA will prepare a geotechnical engineering evaluation report. The report will provide a summary of exploration, outline the subsurface conditions encountered, present laboratory test results, summarize our analyses and findings, and present our resulting IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com Proposal — Geotechnical Exploration & Pavement Design Evergreen Road Reconstruction Project File: SP11138 Page 4 geotechnical opinions and recommendations. We propose to provide a site plan, exploratory boring logs and design analysis software outputs. We will provide a draft report to the City for their review. After receiving review comments and meeting with the City to discuss, we will provide 4 hard copies and 1 electronic copy of our report. ESTIMATED SCHEDULE AND FEES Based on the requested schedule outlined in the RFP, STRATA has tentatively scheduled exploration for the week of December 12 2011, pending your review of this proposal and formal authorization. We anticipate site exploration will take up to 5 hours. We anticipate starting exploration after 9:00 am and finishing before 3:00 pm to help avoid high traffic periods. If design ESAL values are provided by December 19 2011, we propose to submit a draft report by December 30, 2011. After receiving City comments, we can provide a final report within 5 business days. We propose to provide the above scope of service on a time and expense basis not to exceed $8,947.50. We understand you will establish a 10 percent management reserve fund in the event of changed conditions, scope revisions or other currently unanticipated factors. We propose a total project budget of $9,842.25, whereas we will not exceed $8,947.50 without your written authorization. We provide a fee breakdown and subcontractor fee estimate with this proposal for your consideration to outline estimated manhours, subcontractor fees, laboratory testing, etc. We remain available to review this fee estimate and this scope of service and revise them to better meet the City's requested scope and the anticipated level of effort required by STRATA. LIMITATIONS The above scope of service does not include the following: 40 SWPPP or erosion and sediment control plan 6 Corrosion potential 6 Utility trench stability during construction 4r Utility trench backfill 4r Environmental evaluation of any kind or Structural design 40 Asphalt or concrete mix design 40 Foundation or slab design 4r Stormwater disposal recommendations * Meetings or other correspondence following our final report submittal 4r Any other services not specifically described above If these or any other services are desired, please contact us for a revised proposal. IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com Proposal — Geotechnical Exploration & Pavement Design Evergreen Road Reconstruction Project File: SP11138 Page 5 AUTHORIZATION We understand you will provide STRATA with a draft Spokane Valley Consultant Agreement. STRATA will review and track any changes to the contract and provide comments in an electronic mail for your review. Based on our previous work with the City, we do not anticipate the need for substantial negotiation. STRATA will sign and date the negotiated contract and the City will execute the contract as formal authorization to proceed. You anticipate this will occur as early as December 2 "d , 2011. We respectfully require verbal authorization by December 6, 2011, to meet the schedule above. STRATA will also provide the required insurance certificates following contract execution. We sincerely appreciate the opportunity to propose on this project with the City of Spokane Valley and we look forward to working with you again. Please contact us if you have any questions or comments. Sincerely, STRATA, INC. Angela K. Lemmerman Project Engineer Chris M Comstock, P.E. Project Manager AKUCMC /cl Enclosures: Plate 1: Traffic Control Plan Fee Estimate Underground Technologies Estimate IDAHO MONTANA NEVADA OREGON UTAH WASHINGTON WYOMING www.stratageotech.com ROAD WORK AHEAD 50 feet EVERGREEN SOUTHBOUND AND 32ND EASTBOUND OPEN 0 CLOSED ® n --- - - - - -- AIL - - -- -- - - 1 - -- - -- L - -- - - -- Lcones OPEN EVERGREEN NORTHBOUND AND 32ND WESTBOUND ROAD WORK AHEAD 100 feet 50 feet Owner: CITY OF SPOKANE VALLEY Traffic Control: STRATA Phone: (509) 891 -1904 Sheet: 1 Prepared By: AKL TRAFFIC CONTROL PLAN Evergreen Road Reconstruction Spokane Valley, Washington s - r R a a /1 PROFESSIONAL SERVICES COiRPORAPOPa - TPk4-'!q F'ro u t rour"d Ur SP11138 I Plate 1 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled " Evergreen Road Reconstruction Protect Engineering Fee 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 " November 22, 2011 Estimate #UT11065 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. Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 DATE 11/28/11 CERTIFICATE OF INSURANCE NAME AND ADDRESS OF INSURED Strata, Inc. 10020 E. Knox Ave., Ste. 200 Spokane, WA 99206 This certifies that the "claims made" insurance policy (described below by policy number) written on forms in use by the Company has been issued. This certificate is not a policy or a binder of insurance and is issued as a matter of information only, and confers no rights upon the certificate holder. This certificate does not alter, amend or extend the coverage afforded by this policy. The 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. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 211082 01/01/11 12/31/11 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Evergreen Road Reconstruction Project - 19th Avenue to 32nd Avenue CANCELLATION If the described policy is cancelled by the Company before its expiration date, the Company will mail written notice to the certificate holder thirty (30) days in advance, or ten (10) days in advance for non - payment of premium. If the described policy is cancelled by the insured before its expiration date, the Company will mail written notice to the certificate holder within thirty (30) days of the notice to the Company from the insured. CERTIFICATE HOLDER City of Spokane Valley Attn: Craig Aldworth Public Works Department 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President OP ID: LO ACOROs CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDNYYY) 11123/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement (s). PRODUCER 208 - 343 -7741 Higgins & Rutledge Insurance, 208- 343 -9371 1661 Shoreline Drive, Ste 100 Boise, ID 83702 Gail Anthony Johnson y CNTACT NAME: Gail Johnson PHONE 208- 343 -7741 FAX a/c No EXt : A/c No : 2O8- 343 -9371 E -MAIL info hi Insrutled ADDRESS: 99 e.com PRODUCER STRAT4 CUSTOMER ID #: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Strata Inc; Intermountain Materials Testing Inc; Howard Consultants Inc; Victory Enterprises LLC Strata Inc A Corp of Idaho INSURERA:Cincinnati Insurance Company 10677 INSURER B State Insurance Fund 05/01/12 05/01/12 IN SURER C : Liberty Northwest Ins Corp 41939 INSURER D: $ 500,000 INSURERE:CA NonRes License #050520 $ 10,000 INSURER F: Spokane $ 1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER POLICY EFF MM /DDIYYYY POLICY EXP MM /DD/YYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FxI OCCUR X WA Stop Gap IA450 X CPP0882591 CPP0882591 05101/11 05/01/11 05/01/12 05/01/12 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 500,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 X GA 233 02/07 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO-L POLICY X PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON -OWNED AUTOS CPP0882591 05/01111 05/01112 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ AMAGE PROPERTY (Penaccident) $ $ A X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE CPP0882591 05/01111 05!01112 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DEDUCTIBLE RETENTION $ None $ X $ B C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER /EXECUTIVE Y/ N (Mandatory In NH EXCLUDED? ry ) If yes, describe under DESCRIPTION OF OPERATIONS below I N/A I I 620608 IDAHO C43NC621109OREGON 05/01/11 05/01/11 05/01112 05!01/12 WC X TORY L IMITS ATU- OT E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOYEE $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 A Ltd Pollution GA523 CPP0882591 05/01/11 05/01/12 Pollution 100,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101 Additional Remarks Schedule, If more space is required) RE: Evergreen Road Reconstruction Project - 19th Ave. to 32nd Ave. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valle THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN p y ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Department Attn: Craig Aldworth 11707 East Sprage Ave, #106 AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: 1. Employee Benefit Liability Coverage ............................... ............................... 2. Unintentional Failure to Disclose Hazards ....................... ............................... 3. Damage to Premises Rented to You ................................ ............................... 4. Supplementary Payments ................................................ ............................... 5 . Medical Payments ............................................................. ............................... 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) ...................................... ............................... 7 180 Da Covera e for Newl Formed or Ac uired Or anizations Begins on Page: ..... ............................... 2 ..... ............................... 7 ..... ............................... 8 ..... ............................... 9 ..... .....I ......................... 9 ....9 .. 10 .. 10 .. 10 Yg Y q 9 ............. ............................... 8 . Waiver of Subrogation .................................................................................. ............................... 9. Automatic Additional Insured - Specified Relationships: .............................. Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property ...... 11. Property Damage to Borrowed Equipment ..................... ............................... 12. Employees as Insureds - Specified Health Care Services: ......................... Nurses; Emergency Medical Technicians; and Paramedics Go to page 10 for description of coverage .... ............................... 14 .... ............................... 14 .... ............................... 14 13. Broadened Notice of Occurrence ....................................................................... ............................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page i of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of a. The following is added to SECTION I (b) Payroll $5,000) $5,000) Liability Coverage. (c) Gross Sales (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that (d) Units the insured becomes legally under Supplementary Pay - obligated to pay as dam- e Other ages caused by any act, er- the in- (b) This insurance applies to b. Care, Custody damages only if the act, er- son for whose acts the in- $ or Control administration" of your which this insurance ap- plies. We will have the right " employee benefit pro - "; TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- limit of in 1. Em to ee Benefit Liability Coverage Employee tY 9 t of ance in the payment of an in a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- the in- (b) This insurance applies to ror or omission of sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- gently committed in the sured is legally liable, to administration" of your which this insurance ap- plies. We will have the right " employee benefit pro - "; and duty to defend the in- gram and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our a) You did not have discretion, investigate any knowledge of a report of an act, error or omission and settle any claim or "suit' on claim or "suit" that may re- or before the ef- fective date of this sult. But: endorsement. 1) The amount we will pay You will be for damages is limited as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or suit' when any 2) Our right and duty to "authorized repre- defend ends when we sentative "; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- i) Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3) Advice given to any Code or any similar state or or any other person with respect to insufficiency of funds to meet any obligations under insurer; that person's decision Practices "employee benefit pro- to participate or not to gram ". ii) Receives a participate in any plan (1) Refusal to employ; written or ver- included in the "em- vice Given With Respect bal demand or ployee benefit pro- ployment," claim for dam- gram ". 1 Failure of an invest } Y ages because of the act, er- (f) Workers' Compensation mation, harassment, ror or omis- and Similar Laws formation on past per- sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply PP Y or any similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodily injury", e Y J rY" "property rtY ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by any similar federal, state or Criminal or Malicious Act local laws. Damages arising out of any (h} Available Benefits intentional, dishonest, fraudulent, criminal or mall- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason - including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or other collectible insurance. tract Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment - Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram ". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment," Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest } Y evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment - related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II - WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program ". (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages Persons or organizations (c ) 9 sustained by any one "em- making claims or bringing ployee ", including such "suits "; "employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram ". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1} Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any suits' damages because of acts, er- seeking those dam - rors or omissions negligently "administra- ages; and committed in the tion " of your "employee benefit 2) Your duties, and the program'. duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or omission, or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee ", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as we have paid. less of the amount of time that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program ". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the "em- ployee benefit program ". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- obligation a (a ) Our 9 ation to pay dam fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived in connection with the claim or "suit "; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the claim or defense against the "suit "; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un- der any other insur- ance in force previous to the effective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees ", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs "; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records in connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 02 07 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program ". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- a. Handling payroll de- grams; leave of ab- sence programs, in- ductions; or cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro - 2. "Cafeteria P tans" means ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre -tax dollars. a. An arbitration pro - ceeding in which such 3. "Employee benefit pro- P damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees ", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro - a. Group life insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe "Employee" to such benefits and 8. means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or "Employee" satisfy the plan's eligi- retired. in- "leased ". bility requirements; cludes a worker "Employee" does not in- b. Profit sharing plans, clude a "temporary worker ". employee savings plans, employee stock 2• Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION 1V - COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one "em- tations is hereby amended by the addi- other than an tion of the following: ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex a. The last Subparagraph of Paragraph 9 P pansion; or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, o- h do not apply Exclusions c. through 9• PP Y sects, birds, ro- , to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow - b. The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment" water damage to premises that are 2) Water that backs up or both rented to and occupied by you. overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the ground surface press - The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than L walls, floors or surfaces; War and the Nuclear Energy paved Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage ": other openings. 1) Assumed in any con- (c) Loss caused by or resulting tract; or from water that leaks or flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of the protection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b Rust, corrosion, maintain heat in the fungus, decay, building or structure; or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused piiances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting 5. from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COW ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits ". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9. Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products- completed operations hazard ". However, our rights may only be waived prior to the "occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce those rights. 9. Automatic Additional Insured - Speci- fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been issued, is an insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability aris- ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2 Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured, solely for the pur- pose of inspection, An person or organization (b ) Y P 9 demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, .adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires. normally under - takes make in An person or organization (c ) Y P 9 the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.(1) above to provide in sale of the prod - surance, but only with re- ucts-, spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of "your products" which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises in connection with 1 ) The insurance afforded the sale of the the vendor does not product; apply to: g) Products which, a "Bodily injury" or Y 1 ry after distribution or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property Jam- age" or "personal and b When liability n- Y advertising injury' aris- cluded within the ing out of operations "products- performed for the state completed opera- or political subdivision. tions hazard" has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products. but only with respect to li- ability arising out of "your An state or political subdi- (d ) Y P work" performed for that vision with which you have additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of time required by the written with respect to the following hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover - tion with premises you own, age Part. If there is no written contract or agree - rent or control and to which ment, or if no period of time this insurance applies: is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does not apply to "bodily surest or injury" or "property damage" 2) The construction, erec- included within the "prod - ucts- completed operations tion, or removal of ele- hazard "; vators; or 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to 'property elevators covered by bodily injury", damage" or "personal and this insurance. advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur - nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- tional insured, and such 2 The rendering of, or } 9 other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributing, whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by this endorsement shall be a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities. tional insured as an additional insured by 3 "Your work" for which a attachment of an en- consolidated (wrap -up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor- project basis. In such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or Agreement The limits applicable to the additional insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para - the Declarations of this Coverage graph 9.a.(2)(f) above only: Part, whichever are less. If no limits a written contract or are specified in the written contract or agreement, or if there is no written greement between you agreement contract or agreement, the limits ap- and the additional insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown in the Declarations. form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified); or hereby amended as follows: b. Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for "; contract or agreement, this your work insurance is primary and i and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re- 11. of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of; terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought; or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to "suits ". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam - Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam - ever, the written contract or ages for each "occurrence" agreement specifies the In- which are in excess of the surance Services Office Deductible amount stated in additional insured form Section B. Limits of Insur- number CG 20 10 but does not specify which edition, or ance, 11. of this endorse - specifies an edition that ment. The limits of insur- ance will not be reduced by does not exist, Paragraphs the application of such De- 9.a.(3)(a) and 9.a.(3)(b) of ductible amount. this endorsement shall not apply and Paragraph 9.b. of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence, Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability - Work plies to each claim or "suit" irrespective of the amount. Within 50' of Railroad Property It is hereby agreed that Paragraph f.(1) of (c) We may pay any part or all of the deductible amount to Definition 12. "Insured contract" (SEC- effect settlement of any TION V - DEFINITIONS) is deleted. claim or suit' and, upon 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clusion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(1)(d) of SECTION II - WHO IS AN "em- sion do not apply to tools or equip- INSURED, does not apply to your ment loaned to you, provided they ployees" who provide professional health are not being used to perform opera- care services on your behalf as duly li- tions at the time of loss. censed. b. With respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians; or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec - takes place. tion B. Limits of Insurance, 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced. The Claim or Suit (SECTION IV - COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- Section B. Limits of Insurance, Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby by the following: You must see to it that we are noti- fied as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative ". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of 15