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12-036.00 Budinger & Assoc: Drainage Facility Subsurface Exploration AnalysisAGREEMENT FOR PROFESSIONAL SERVICES Budinger & Associates, Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Budinger & Associates, Inc., 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 Scope of Services. 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 LA-11 0� Contracting Entity shall complete its work within 60 calendar days 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 a maximum of $13,844.54 as full compensation for everything done under this 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 therefor. 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: TO TIME CONTRACTING ENTITY: Name: Christine Bainbridge, City Clerk Name: Budinger & Associates, Inc. Phone Number: (509) 921 -1000 Phone Number: (509) 535 -8841 Address: 1 1707 East Sprague Ave, Suite 106 Address: 1101 N. Fancher Rd. Spokane Valley, WA 99206 Spokane Valley, WA 99212 6. Applicable Laws and Standards. The parties, in the performance of this Agreement, agree to comply with all applicable federal, state, 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, 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 Agreement for Professional Services Page 2 of 6 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, employees or subcontractors. A. Minimum Scone 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. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, Agreement for Professional Services Page 3 of 6 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 ANIL 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 City, 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 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 Agreement for Professional Services Page 4 of 6 provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 13. Assignment and Delegation. Neither party shall assign, transfer or delegate any or all of the 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. Scope of Services 2. Insurance Certificates Agreement for Professional Services Page 5 of 6 The parties have executed this Agreement this 4(Aay of a4-,--� , 201 C Y OF 7NE VALLEY Contracting Entity: ike Jac Manager By: Its: A o Representative I VP 'PROVED AS TO FORM: lice e City ey Agreement for Professional Services Page 6 of 6 Client#: 83101 BUDINGER ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/27/2012 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($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(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 Payne Financial Group, Inc. Courtyard Office Center 827 W. First Avenue, Sulte 225 Spokane, WA 99201 p CONTACT NAME: PNO Ho (AIC, N2): EMAIL ADDRESS: INSURER(II) AFFORDING COVERAGE NAIL R INSURER A: Continental Western EEACH�OflCCTURRENCE INSURED Budinger &Associates, Inc 1101 N Fancher Rd INSURER 8: $301) 1 1)00 INSURER C : $10,000 PERSONAL &ADVINJURY $1,000,000 Spokane Valley, WA 99212 INSURER D: GENERAL AGGREGATE INSURER E: GEN'L AGGREGATE LIMIT APPLIES PER POLICY X ECIT LOC INSURER F: $21000000 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 CONTRACTOR 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 DL INSR UBR D POLICY NUMBER POLICY EFF MMIDD POLICY EXP /DD LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR X X CWP277729325 8106/2011 08/0612012 EEACH�OflCCTURRENCE $1000000 PREMISES EeEocc rrrence $301) 1 1)00 MEO EXP (Any one person) $10,000 PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY X ECIT LOC PRODUCTS - COMPIOPAGG $21000000 $ A AUTOMOBILE LIABILITY ANY AUTO AUTO ALL OWNED SCHEDULED AUTOS NON-OWNED X HIREDAUTOS X ALTOS X X CWP277729325 8/06/2011 08/06/201 CEsaaccidNentSINGLELIMIT 1,000,000 BODILYINJURY(Perperson) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Peraccident $ $ A UMBRELLALIAO EXCESS LIAR OCCUR CLAIMS -MADE CU278049225 0810612011 0810612012 EACH OCCURRENCE_ s4,000,000 AGGREGATE $4 000 000 DED I I RETENTION $ A WORKER11 COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICERIMEMBER EXCLUDED? N (Mandatory In NH) H es, descAW under DESCRIPTION OF OPERATIONS below NIA CWP277729325 WA Stop Gap 8/06/2011 0810fi1201 WC STATU- OTH- TORY LIMITS I IER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1, DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: Stormwater Drainage Improvements, 512 N Pines, Spokane Valley, WA City of Spokane Valley, their agents, officers and employees are additional insureds per policy forms. SHOULD City of Spokane Valley THE EXPIRATION H DATE DESCRIBED E THEREOF, OT CIE C BEFORE NOTICE BE DELIVERED IN Attn: Ryan Brod, Water EIT ACCORDANCE WITH THE POLICY PROVISIONS. 11707 E Sprague Ave Ste 304 AUTHORIZED REPRESENTATIVE Spokane Valley, WA 99206 e';520 �, U 1958 -ZD1U AUUKIJ LrUKMUKAl IUM. All ngnrs reSerVeu. ACORD 25 {2010105) 1 of 1 The ACORD name and logo are registered marks of ACORD #S753683/M741751 MKS1 aco,,ry CERTIFICATE OF LIABILITY INSURANCE °�'0 (161201 YYn 03f1lZ012 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(SL AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policypes) must be endorsed. K SUBROGATION M WAIVED, subject to the terms and conditions or the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In Neu of such endorsements). PRODUCER Phone: (360) 596 -3700 Fez: (360) 598-3703 COACT MICHAEL J. HALL & COMPANY MICHAEL J. HALL & COMPANY HALL 81 COMPANY 1966010TH AVENUE N.E. POULSBO WA 98370 PHONE F (360) 5983703 (360) 598.3700 E -MP L ADmESS: MSURER(S) AFFORDING COVERAGE NA1C IS INSURER A : Beazloy Insurance Camp" Inc 37540 INSURED Budinger & Associates Inc INSURER e INSURER C 1101 N Fancher Rd INSURER 17 Spokane Valley, WA 99212.1275 INSURER E $ MED. EXP (Any one person) MSURER F CLAIMS -MADE E OCCUR ^^%IMMwn -Me 1"'CCTICIP6TC NIIMRFR• 1- VIR19IF KP-VIML)N NUn113tK: 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. MSR LTR TYPE OF INSURANCE ADO? INSR SUS WVD POLICY NUMBER POLICY EFF MMIOO/YYYY POLICY E]aP MMlOD7YYYY LIMITS Matthew L. Copus GENOA LIMILITY Aeee enan ernlen r-nv ATIAAI ell d�dltc recnrvarf_ EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE O N D PREMISES a ocanence $ MED. EXP (Any one person) $ CLAIMS -MADE E OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMITAPPLIES PER: PRODUCTS - COMP /OP AGG S POLICY JEC LOC $ AUTOMOBILE LIABILITY 0 SINGLE I.DAIT C a accident) (Ea acdtleln) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED SSC1THEDUI ED AUTOS AOS HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PRO vDAMAGE tiler accltle n $ $ UMBRELLA UAe OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIA6 CLAIMS -MADE OED I JRETENnoNl $ $ WORKERS COMPENSATION TORYTLAMTS ER $ E.L. EACH ACCIDENT $ AMD EMPLOYERS' UA@LrrY YIN ANY PROPMETORIPAMER/EXECUrrVE n OFFICERPMEMBER EXCLUDED? J NIA E.L. DISEASE -EA EMPLOYEE $ (TAaMoory M MN) I yes, descnDe under E.L. DISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS below A Professional LiabllltKAiins Made Form V15=100601 02/28112 02/28!13 S 2,000,000 Per Claim Pollution Liability Extension Included s 2,000,000 Aggregate DESCRIFnON OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedlds, H more Spam Is required) Stormwater Drainage Improvements wa-,w�, t wT1A�t 4CR I Ira V1"11 F SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL Be DELIVERED IN 11707 East Sprague Ave, Ste 106 ACCORDANCE WITH THE POLICY PROVISION& AUTHORIZED REPRESENTATIVE / I4�0a� Spokane Valley, WA 99206 Attention: Ryan Brodwater Matthew L. Copus Aeee enan ernlen r-nv ATIAAI ell d�dltc recnrvarf_ ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD�� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I - COVERAGE C MEDICAL PAY- MENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREM- ISES YOU RENT If damage to premises rented to you under Cov- erage A. is not otherwise excluded from this pol- icy, the following applies: 1. The last paragraph of SECTION I - COV- ERAGE A.2. Exclusions is deleted and re- . . placed by the following: Exclusions c. through n. do. not apply to damage by fire, lightning, explosion or.sprin- kler leakage to premises.: while rented to your or temporarily occupied by you with.. permission of the owner. A separate limit:of Insurance applies to "this coverage as de- scribed in SECTION III —LIMITS OF IN- SURANCE. 2. Paragraph 6. of SECTION 111..7- LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to 5. above,, the greater of: a. -$300,000; or. b. the Damage To Premises Rented To You Limit shown in the Declara- tions; is the most we will pay under COVER - AGE A for damages because of "prop- erty damage" to any one premises, while rented to you, or temporarily oc- cupied by you with the permission of the owner arising out of any one fire, light- ning, explosion or sprinkler leakage in- cident. 3. Paragraph 4.b.(1) b) Other Insurance of SECTION IV - CpOMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and re- placed by the following: It- (b) That is Fire, Lightning, Explosion or Sprinkler Leakage, risurarice. for prem- ises rented to you or temporanlji,:,occu- pied by you with.the permission-,,of the owner; 4. Paragraph 9.a. of SECTION V - DEFINI- TIONS is deleted and replaced by the fol- lowing: a. A contract gr,�a..,lease of premises. However Ahat portion of the contract for a,lease of premises that indemnifies any person' or organization for damage by fire, lightning, explosion or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "in- sured contract "; NON -OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVER- AGE A.2. Exclusions is deleted and re- placed by the following: A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended as fol- lows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS The following is added to Paragraph 2. of SEC- TION II - WHO IS AN INSURED: e. Any person or organization described in paragraph f. below, whom 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. CL CG 00 20 03 07 includes copyrighted material of Insurance Services Page 1 of 8 Office, Inc., with its permission Such person or organization is an insured (c) The ownership, maintenance, or provided: use of any elevators. (1) The written or oral contract or agree- F. ADDITIONAL INSURED — OWNERS, LES- ment is: SEES OR CONTRACTORS — AUTOMATIC (a) Currently in effect or becomes effec- STATUS tive during the policy period; and 1. SECTION II — WHO IS AN INSURED is (b) Executed prior to an "occurrence" or amended to include as an additional insured offense to which this insurance any person or organization for whom you are performing operations when you and would apply. such person or organization have agreed in (2) They are not specifically designated as writing in a contract or agreement that such an additional insured under any other person or organization be added as an addi- provision of, or endorsement added to, tional insured on your policy. Such person or this policy. organization is an additional _:; insured only ` f. Only the following persons or organizations ,With respect to liability for; "bodily rilury property damage.;or- personal and adver- are additional insureds under this endorse- ment, and coverage provided to such addi- . tional insureds is limited as provided herein: a. Your acts or omissions; ;or ; (1) The manager or lessor of a premise b. The acts or.omissions.of those acting on leased to you, but only with respect to your behalf; ... liability arising from the ownership, maintenance or use of that part of the in the performance of your ongoing opera - premises leased to you and subject to tions for the additional insured. the following additional exclusions: A person's or organization's status as an This insurance does not apply to: additional insured under this policy ends When your. operations for that additional in- a An "occurrence" which takes lace {) Y P sured; are completed. after you cease to be a tenant of that premises. 2. With:,. .respect to the insurance afforded to b Structural alterations, new construe- these additional insureds, the following addi- tion or demolition operations pe�- formed by or on behalf of the man -. This insurance does not apply to: ager or lessor. a. ::Bodily n u "roe damage:'. or Y � ry � "property � g (2) Any person or organization from whom person advertising Injury" arising injury" you lease equipment, but only with re- out of the rendering of, or the failure to spect to liability for "bodily injury". "prop- render, any professional architectural, erty damage" or "personal and advertis- . engineering or surveying services, fin- ing injury" caused, in whole or in :part, by eluding: your maintenance; operation or use'of equipment leaseid.;to you :by such: per- (1) The preparing, approving, or failing son(s) or organizatiop,(s). to prepare or approve, maps, shop drawings, opinions, reports, sur- However, this insurance does not apply PP Y veys, field orders, change orders or to any "occurrence" which takes place drawings and specifications; or after the equipment lease expires. (2) Supervisory , inspection, architec- 3 An state or political subdivision, subject () Y 1 tural or engineering activities. 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 state or,political subdivision has issued (1) All work, including materials, parts a permit in connection with premises or equipment furnished in connec- you own, rent, or control and to which tion with such work, on the project thisAnsurance applies: (other than service, maintenance or (a) The existence, maintenance, repair, repairs) to be performed by or on behalf of the additional insured(s) at construction, erection, or removal of the location of the covered opera- advertising signs, awnings, cano- pies, cellar entrances, coal holes, tions has been completed; or driveways, manholes, marquees, (2) That portion of "your work" out of hoist away openings, sidewalk which the injury or damage arises vaults, street banners, or decora- has been put to its intended use by tions and similar exposures; or any person or organization other (b) The construction, erection, or re- than another contractor or subcon- tractor engaged in performing op- moval of elevators; or CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 2 of 8 Office, Inc., with its permission erations for a principal as a part of the same project. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 3 of 8 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 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 specked 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.j. 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'10 perform 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 "suits" brought; or c. Persons or organizations making claims or bringing. - "suits ". 3. Deductible a. Our obligation to pay damages on be- half.of the. insured applies only to the amount of damages in excess of $250 as applicable to "property damage" as the result of any one "occurrence ", re- gardless of the number of persons or organizations who sustain damages be- cause of that "occurrence". 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 follow- ing: And 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 pol- icy 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'' used 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 "bodily injury" or "property damage" in- cluded in the "products- completed op- erations hazard ", and for medical ex- penses under COVERAGE C regard- less of the number of: b. The terms of this insurance, including (1) Insureds; those with respect to our right and duty to defend the insured against any 'suits" (2) Claims made or "suits" brought; or seeking those damages; and your duties (3) Persons or organizations making in the event of an 'occurrence", claim, or claims or bringing "suits ". "suit" apply irrespective of the applica- tion of the deductible amount. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 4 of 8 Office, Inc., with its permission c. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Single Construction Project General Ag- gregate Limit for that construction pro - Ject away from premises owned by or rented to the insured, Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Single Construc- tion Project General Aggregate Limit for any other separate construction project away from premises owned by or rented to the insured. d. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Single Construction Project General Aggregate Limit. 2. 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 used by accidents under COVERAGE C (SECTION 1), which cannot be attributed only to ongoing operations at a single des- ignated construction project away from premises owned by or rented to the insured ;. a. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Ag- gregate Limit or the' Products - Completed Operations Aggregate Limit, whichever is applicable; and b. Such payments shall not reduce any Single Construction Project General Ag- gregate Limit. 3. When coverage for liability. arising out of the "products - completed operations hazard" is provided, any payments for .damages be- cause of "bodily injury" or "property damage" included' in "the ° prod ucts- completed opera- tions . hazard will reduce the Products - C.ompleted Operations Aggregate Limit, and not reduce the General Aggregate Limit nor 'the Single Construction Project General Ag- g'r�egate Llmrt. 4. If the- applicable construction project away from premises owned by or rented to the in- sured ''has been abandoned, delayed, or abandoned and then restarted, or if the au- thorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. 5. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. J. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV — COMMERCIAL GEN- ERAL LIABILITY CONDITIONS: e. A report of an "occurrence ", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer,., if:: you are a corporation, or yt (4) A manager, if you are a..li ited :,liability company; is considered knowledge and requires you to notify us of the "occurrence ", offense, claim, or "suit' as soon as practicable. f. We are considered on notice of an "occurrence ", offense, claim or "suit" that is reported to your Workers' Compensation insurer.. for an ..event which later develops into an "occurrence ", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. K. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Repre- sentations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which Is excluded under any other provision of this policy. L. MENTAL ANGUISH Paragraph 3. of SECTION V — DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, Including mental anguish or death resulting from any of these at any time. M. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 5 of 8 Office, Inc., with Its permission We waive any right of recovery we may have because of payments we make for Injury or damage arising out of your ongoing operations or "your work" done under a 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 "occurrence giving rise to the injury or dam- age for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our request, the in- sured will bring "suit" or transfer those rights to us and help us enforce those rights. N. LIMITED JOB SITE POLLUTION 1. Exclusion f. under Section I — Coverage A is replaced by the following; 2. Exclusions This insurance does not apply to: f. Pollution (1) 'Bodily injury" or "property dam- age" arising out of the actual, ak leged or threatened discharge, dispersal, seepage, migration, release or escape of "pollut- ants": (a) At or from any premises, site or location on which any insured or any contractors or subcontractors working. directly or indirectly on any - insured's behalf , _are per- forming operations if the operations are to test for, monitor, clean up,..remove, contain, treat, detoxify or neutralize, or in any way, re- spond to, or .assess the ef- fects of, "pollutants' ; or (b)..-At or from: a storage tank or other container,' ducts or piping which`' is below or partially, below the surface of the ground or water or which,: at any time, has been "buried under the sur- face of the ground or water and then subsequently ex- posed by erosion, excava- tion or any other means if the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pol- lutants" arises at or from any premises, site or ioca- tion which any insured or any contractors or subcon- tractors working directly or indirectly on any insured's behalf are performing op- erations if the "pollutants" CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission are brought on or to Page 6 of 8 the premises, site or loca- tion in connection with such operations by such insured, contractor or subcontractor. Subparagraph (b) does not apply to "bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire ". (2) Any loss, cost or expense aris- ing out of any: (a) Request, demand, order or statutory or regulatory re- quirement issued or made pursuant to any environ- mental protection or envi- ronmental liability statutes or regulations that any in- sured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pol- lutants'; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testino for, monitoring, cleaning up, removing, con- taining, treating, detoxifying: or neutralizing or in any way responding to or assessing the effects of, "pollutants ". However, this paragraph does not apply to liability for ;those sums the insured'. becomes' le gaily obligatedto paj,._as dam ages because 'df "property, dam -' age that the -insured `would have in;ttie_ absence of such re- quest, demand; order or statu- tory, . or regulatory requirement, o.r. such claim on "suit" by or on ,behalf. of a goOmmental au- thority: 2. With respect" I. "bodily injury" or "property damage '.' arising ;out _ofthe actual, alleged or threateiied discharge, dispersal, seepage, migration, releaseor escape of "pollutants ": a. The "Each Occurrence Limit" shown in the Declarations does not apply. b. Paragraph 7. of Limits Of Insurance (Section Ili) does not apply, c. Paragraph 1. of Section III — Limits Of Insurance is replaced by the following: The Limits Of Insurance shown in this endorsement, or in the Declarations and the rules below fix the most we will pay regardless of the number of: (1) Insureds; CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 7 of 8 Office, Inc., with its permission (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits ". d. The following are added to Section III — Limits Of Insurance: 8. Subject to 2. or 3. above, whichever applies, the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Cover- age C because of 'bodily injury" or "prop- erty damage" arising out of the ac- tual, alleged or threatened dis- charge, dispersal, seepage, migra- tion, release or escape of "pollut- ants" is $100,000. S. Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medi- cal expenses because of 'bodily in- jury" sustained by any one person arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants ". O. OTHER INSURANCE If this policy includes a Coverage _ Form or an Endorsement which provides;:1overage for loss or damage covered by one_ or more of the Ex- tensions of this endorsement, the`:d'imit and the coverage provided by this endorsement are de- leted and replaced. by = the limit.; and coverage provided by that .Coverage Form :or:.Endorse- ment. CL CG 00 20 03 07 Includes copyrighted material of Insurance Services Page 8 of 8 Office, Inc., with Its permission THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CL CG 20 14 0107 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 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 writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to "bodily injury" and "property damage" caused, in whole or in part, by "your work" at locations specified in the written contract or agreement and included in the "products -completed operations hazard ". With respect to the insurance afforded to these additional insureds, this insurance does not apply to 'bodily injury" or "property damage" that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. ©Continental Western Group ©2010 Vertafore, Inc. All Rights Reserved. Budinger V� & Associates Serving the Inland Northwest for over 36 years Ryan Brodwater, E.I.T. Assistant Stormwater Engineer City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Mr. Brodwater: Geotechnical Engineering Environmental Engineering Construction Material Testing Subsurface Exploration Special Inspection March 14, 2012 Proposal Number H12089 PROJECT: Stormwater Drainage Improvements 512 N Pines City of Spokane Valley, WA SUBJECT: Proposed Geotechnical Site Characterization Study for Stormwater Management This letter presents our proposal for subsurface exploration and geotechnical analysis to evaluate drainage characteristics of an area that you are considering for replacement of an existing drainage facility. The scope of work described below is based on your request for proposal dated March 14, 2012, and the Spokane Regional Stormwater Manual (SRSM, 2008). Project Scope 1. Coordination with One -Call to provide onsite utility locates prior to drilling. With your coordination, we will mark the proposed boring locations to be clear of utilities mapped by the City of Spokane Valley and those visually observed or suspected near the drilling sites. We will notify the One Call service and adjust the three boring locations as necessary to avoid identified utilities. The boring locations and utility marks will be photographed and maintained or re- established prior to drilling. 2. Drilling and sampling three exploratory borings. The test borings will be advanced using cased air rotary equipment to ensure that we can reach the reach depths of 25 feet required by the SRSM. We anticipate that coarse alluvial deposits are present at depth. Samples will be obtained using split spoon samplers approximately every 5 feet and when significant changes in soil conditions are indicated by cuttings or drill rig response. Subsurface conditions will be documented by a licensed geotechnical engineer or geologist with 8 to 20 years experience with similar exploration and analysis in the Spokane Valley. Start cards and drillers reports will be prepared by a licensed driller and submitted to the WSDOE as required. We will coordinate utility location and scheduling with traffic control provided by WSDOT. We can offer substantial scheduling flexibility because we own and operate our drilling equipment and have two experienced drilling crews available for the project. 1101 North Fancher Rd. 427 S. Highline Drive, Suite D1 206 E Sherman Avenue Spokane Valley, WA 99212 East Wenatchee, WA 98802 Coeur d'Alene, ID 83814 Tel: 509.535.8841 Tel: 509.888.3809 Tel: 208.292.4367 Fax: 509.535.9589 Fax: 509.931 .171 9 Fax: 208.292.4369 www.budingerinc.com H12089 512 North Pines Proposal We are a licensed, bonded and insured drilling contractor. We are approved and listed by WSDOT for on -call geotechnical drilling services. Our accounting system and billing rates have been reviewed and established for public works projects by WSDOT. Because we can provide subsurface exploration services directly, the city can benefit from the equipment, methods and expertise that can be applied immediately during site exploration. 3. Repair of the drilline sites. The test borings will be sealed and abandoned with bentonite hole plug as required by WSDOE regulations to within 3 feet of the surface. The upper three feet will be filled with pea gravel to within eight inches of grade, then filled with asphalt cold patch compacted flush with the adjacent surface. Soil cuttings will be hauled offsite for disposal, and the drilling area will be swept and cleaned as necessary. 4. Preparation of Geotechnical Site Characterization Report. Our report will document the encountered conditions and test results and provide a summary of readily available geologic information. We will evaluate the feasibility of stormwater infiltration using criteria outlined in the SRSM. A minimum of 2 representative samples from each boring will be tested to estimate drywell outflow capacity by the SRSM 200 method. We understand that you will have full scale test results available from drywells near the boring locations. The drywell test results, SRSM 200 methods and our professional experience will be used to develop appropriate safety factors and outflow rates. Fees and Schedule Our estimated budget for this scope of work is presented on the attached estimate on a time and materials basis. In no case will we exceed the estimated amount without your prior request and authorization. We can begin the work with 5 -10 days of your notice to proceed and coordinate with WSDOT for traffic control as necessary. The final report may be completed within 2 weeks of the field work; we will provide consultation and preliminary results following the field work. Thank you for the opportunity to offer these services. We look forward to working together with the City of Spokane Valley to contribute to the success of this project. Respectfully submitted: BUDINGER & ASSOCIATES, INC. Stephen D. Burchett, PE Geotechnical Engineer, Principal Budinger & Associates, Inc. Geotechnical and Environmental Engineers Construction Materials Testing & Special Inspection Page 2 of 2 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Cost Estimate" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550.