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13-066.00 Strata: Sullivan Street Preservation Material TestingAGREEMENT FOR PROFESSIONAL SERVICES SVPW Contract 13 -024 Sullivan Road Street Preservation Project Material Testing Services 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 "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily complete the attached Proposal — Exhibit A -1 Scope of Work, prepared by STRATA March 25, 2013. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. The Scope of Services is attached hereto as Exhibit 1. Upon notice fiom the City Manager or designee, Consultant 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. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed -upon personnel shall be made without the prior written consent of City. Consultant 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. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by 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 City. Consultant shall complete its work within the timelines stated in Exhibit A -1, unless the time for Agreement for Professional Services Page 1 of b C,O 13- D &�, 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. City may, in addition, terminate this Agreement for any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant $29,214.42 as full compensation for everything done under this Agreement, including payment for services and a ten percent Management Reserve Fund (MRF). The City agrees to pay the Consultant on a time and material basis, not to exceed $26,558.56, for Material Testing Services as described in the attached Exhibit A -1, Scope of Work. A ten percent MRF in the amount of $2,655.86 is also established. The Consultant shall not start work requiring payment from the MRF without prior written approval from the City. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below stated address. 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. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 921 -1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Chris Comstock, Area Mgr STRATA Phone: 509 -891 -1904 Address: 10020 E Knox Ave. Ste 200 Spokane Valley, WA 99206 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. Consultant warrants that its designs, construction documents, and services shall confirm to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; Agreement for Professional Services Page 2 of 6 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a 3 -year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an independent contractor, and not the agent or employee of City, that 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 Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of 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 Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. 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. 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 Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. 10. 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 Consultant'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. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Set-vices 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 Agreement for Professional Services Page 3 of 6 O1 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance. appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to City. Any insurance, self - insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. 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, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant 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 City. Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self- insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Agreement for Professional Services Page 4 of 6 Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees. Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel - related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim - related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. 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 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. 14. 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. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant's services under this Agreement. Consultant Agreement for Professional Services Page 5 of 6 STRaTa A PROFESSIONAL SERVICES CORPORATION �K- f-�o�ri =!-y Frowt -l�h� �roucq� UP March 25, 2013 File: SPP13054 Mr. Craig Aldworth, P.E. City of Spokane Valley Public Works Department 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 RE: PROPOSAL — Exhibit A -1 Scope of Work Construction Material Testing Sullivan Road Street Preservation Project Phase 1 - 2013 St. Preservation Program Spokane Valley, Washington Dear Mr. Aldworth: Strata, A Professional Services Corporation (STRATA) is pleased to provide The City of Spokane Valley with the following proposal for construction material testing services for the upcoming Sullivan Road Street Preservation Project located in Spokane Valley, Washington. We are confident that our firm can provide the required construction testing and inspection services in a cost - effective, timely, and professional manner. The following paragraphs describe our project understanding, scope of service and estimated fees. PROJECT UNDERSTANDING We understand the project is divided into four primary phases which includes grinding and shim grinding of Sullivan Road between approximately Trent Avenue and the Spokane River bridge, full depth replacement areas for storm water and signal patches, constructing concrete ADA ramps and associated curbs, sidewalks, and traffic barriers, and full width hot mixed asphalt (HMA) overlay. The phasing allows for continuous flow of traffic and includes approximately four nights of work. This proposal is based on our project understanding, review of the Contract Provisions and Plans, anticipated project duration and phasing, and anticipated scope of services as detailed below. The quantities listed in our fee schedule are estimates; variance in these quantities and associated testing fees may take place due to design changes, additional services, construction schedules, unanticipated conditions, weather, contractor scheduling, or other factors beyond our control. SCOPE OF SERVICES Based on our review of project plans, we anticipate our scope of services on this project will consist of the following: 10020 E Knox Avenue. Suite 200 Spokane Washington 99206 Phone 509 891 1904 Fax 509 891 2012 www.stratageotech.com Proposal Sullivan Road Street Preservation Project File: SPP13054 Page 2 Soil /Aggregate Observation and Testing STRATA will provide a qualified field professional to observe and test compaction of subgrade and gravel base during construction of ADA ramps, traffic barriers and full depth patches along Sullivan Road. We will sample on -site and any imported materials used for backfill and transport these samples to our laboratory for appropriate testing. Concrete Observation, Sampling and Testing All sampling and field- testing of concrete will be conducted by personnel certified by, at minimum, the American Concrete Institute (ACI) as a Concrete Field Testing Technician -Grade I. Our field services will include testing for slump, temperature (concrete and ambient), air content, verification of mix design and casting of test specimens. STRATA will provide an ACI certified field professional to observe the placement of structural concrete and conduct sampling and field testing of concrete, including casting of compressive test cylinders for verification purposes. We estimate that 1 set of 5 compression test cylinders for laboratory cure (1 tested at 7 days, 3 at 28 days, and 1 held pending 28 day test results) will be required for each 100 cubic yards or once for each day's placement for all concrete placed in the foundations, foundation walls or slabs. Upon completion of the 24 -hour initial on -site curing period, STRATA will pick up and deliver concrete compression specimens to our certified laboratory for curing and testing. STRATA will document compression test results and a test report will be sent as required by project specifications. We have based this proposal on the assumption that compliance testing of other materials (i.e. aggregates, cement, etc.) will not be required. Therefore, we have not included these activities in the anticipated scope. If it becomes necessary, we can provide these services for an additional fee. Hot Mix Asphalt (HMA) Observation and Testing STRATA will provide a qualified field professional to observe, sample and test compaction during HMA paving. HMA samples will be obtained at the contractor's batch plant at a frequency of one sample per 800 tons of asphalt placed and will include an extra sample for each to be held for potential dispute resolution testing. The samples will be transported to our laboratory for appropriate testing. STRATA will perform acceptance nuclear density testing upon completion of rolling operations at a frequency of 5 random tests per 400 tons of asphalt placed. Project Management and Reporting Mr. Rick Woodworth will be the project manager and the point of contact in the coordination of our special inspection, field observation, and laboratory testing services. All requests for scheduling of our inspection and testing will be handled through our local Spokane, Washington office (phone 509 - 891 - 1904). We request that scheduling calls be made 24 hours in advance in order to allow the appropriate response time for the project. Field personnel will leave a copy of their daily field reports and field test results on site at the completion of each day's testing for review by authorized personnel. Our project manager will review the daily reports generated by field staff during construction. These reports will be transmitted electronically on a bi- weekly basis to the project team. Laboratory results will be provided upon completion of testing. Typed hard copies will be provided along with our monthly invoices to our client. www.stratageotech.com DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Proposal.... Page 3" 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. Proposal Sullivan Road Street Preservation Project File: SPP13054 Page 4 Overtime will be invoiced for all time before 8:00 AM, after 5:00 PM, over 8 hours per day, weekends or holidays. In the event of short notice scheduling (less than 24 hours in advance) of field tests, a surcharge of $35.00 will be applied per instance. These surcharges are in addition to our anticipated scope of service. A two -hour minimum charge including travel will be invoiced for field- testing. Mileage and time will be invoiced portal to portal from STRATA's office. LIMITATIONS The above scope of services is for construction materials testing, inspection and laboratory services. Our services do not include a geotechnical evaluation of any kind. We are not assuming the geotechnical engineer -of- record for the project. Our construction materials testing, inspection and laboratory services are limited to verifications of the plans and specifications. STRATA does not represent or warrant that we have reviewed the construction documents (plans, specifications, etc.) for accuracy, appropriateness and whether the documents meet the standard of care at the time of our services in the north Idaho and eastern Washington area. SUMMARY We propose to accomplish the above scope of services on a time and expense basis not to exceed $26,558.56 without prior authorization. STRATA personnel take pride in their ability to provide timely and professional service to our clients. Again, we appreciate the opportunity to provide you this proposal to perform construction material testing services on this project. If you have any questions, or if we can be of further assistance, please do not hesitate to call. Sincerely, STRATA &,&- �,)� Rick Woodworth Area Testing Manager Chris M. Comstock, P.E. Area Manager opj� www.stratageotech.com further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. 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). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 20. Anti - kickback. No officer or employee of 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. 21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 22. 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. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: 1. Exhibit A -1, Scope of Work & Exhibit E -2 Fee Schedule 2. Insurance Certificates The Parties have executed this Agreement thi/2 day of , 20%/3 F OKANE VALLEY Consultant: e ackso ityManager BY r:S (+4 a✓est ►ila�a�er Its: Authorized Representative APPROVED AS T(O� RM: C City Jerk Office of City Ado o Agreement for Professional Services Page 6 of 6 DOCUMENTS EXEMPT FROM PUBLIC DISCLOSURE The page entitled "Exhibit E -2 / Consultant Determination — Summary Sheet" contains confidential cost and rate data and is withheld from public disclosure pursuant to 23 USC 112(2)(F). Prenotification; confidentiality of data. A recipient of funds requesting or using the cost and rate data shall notify any affected firm before such request or use. Such data shall be confidential and shall not be accessible or provided, in whole or in part, to another firm or to any government agency which is not part of the group of agencies sharing cost data under this paragraph, except by written permission of the audited firm. If prohibited by law, such cost and rate data shall not be disclosed under any circumstances. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Terra Insurance Company (A Risk Retention Group) Two Fifer Avenue, Suite 100 Corte Madera CA 94925 CERTIFICATE OF INSURANCE DATE 04/04/13 NAME AND ADDRESS OF INSURED Strata, Inc. 10020 E. Knox Ave., Ste. 200 Spokane, WA 99206 P 19 Q 4 v 0 0 +�vaavaa A RISK RETENTION GROUP 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 policy of insurance listed below has 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 policy described herein is subject to all the terms, exclusions and conditions of such policy. Aggregate limits shown may have been reduced by paid claims. TYPE OF INSURANCE Professional Liability POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE 213082 01/01/13 12/31/13 LIMITS OF LIABILITY $1,000,000 EACH CLAIM $1,000,000 ANNUAL AGGREGATE PROJECT DESCRIPTION Sullivan Road Street Preservation Project, Phase ! - 2013 St. Preservation Program Spokane Valley, Washington 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, Public Works Dept Attn: Mr. Craig Aldworth 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 ISSUING COMPANY: TERRA INSURANCE COMPANY (A Risk Retention Group) President OP ID: WH ACORN° �� CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DD/YYYY) 04/04/13 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 Phone: 208 - 343 -7741 Higgins & Rutledge Insurance Fax:208- 343 -9371 1661 Shoreline Drive, Ste 100 Boise, ID 83702 Gail Anthony Johnson NAME: CT Gail A. Johnson PHONE 208- 343 -7741 AC No): 208-343-9371 AI No Ell: E -MAIL info hi insrUtled e.com gg g PRODUCER CUSTOMER ID #: STRAT -1 INSURER(S) AFFORDING COVERAGE NAIC # INSURED Strata Inc; Intermountain Materials Testing Inc; Howard Consultants Inc; Victory Enterprises LLC Strata Inc A Corp of Idaho 8653 W Hackamore Boise, ID 83709 INSURER A: Cincinnati Insurance Company 10677 INSURER B: State Insurance Fund INSURER C: Liberty Northwest Ins Corp 41939 INSURER D: EACH OCCURRENCE INSURER E: CA Non Res License #050520 PREMISES Ea occurrence INSURER F: Spokane A 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 I LTR TYPE OF INSURANCE ADDL SLUR POLICY NUMBER POLICY EFF (MMIDDIYYYYl POLICY EXP IMMIDDIYYYYI LIMITS GENERAL LIABILITY V/ EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 500,00 A COMMERCIAL GENERAL LIABILITY X CPP0882591 05101/12 05/01/13 MED EXP (Any one person) $ 10,00 CLAIMS -MADE Fx� OCCUR PERSONAL & ADV INJURY $ 1,000,00 X WA Stop Gap IA450 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 $ POLICYLK PRO LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00 (Ea accident) A ANY AUTO CPA0882591 05/01/12 05/01/13 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ ALL OWNED AUTOS SCHEDULED AUTOS PROPERTY DAMAGE $ HIRED AUTOS (Per accident) NON -OWNED AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,00 A EXCESS LIAB CLAIMS -MADE CPP0882591 05101112 05/01/13 AGGREGATE $ 4,000,00 DEDUCTIBLE $ X $ RETENTION $ None WORKERS COMPENSATION X W>✓ STATU- O TORY LIMITS ER R B AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y 620608 IDAHO 05101/12 05/01/13 E.L. EACH ACCIDENT $ 100,00 E.L. DISEASE - EA EMPLOYEE $ 100,00 C OFFICERIMEMBER EXCLUDED? (Mandatory in NH) NIA WC639S313164022 OREGON 05/01/12 05101/13 E.L. DISEASE - POLICY LIMIT $ 500,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Ltd Pollution CPP0882591 05/01/12 05/01/13 Pollution 100,00 GA523 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Project: Sullivan Road Street Preservation Project. Phase I - 2013 St. Preservation Program in Spokane Valey, WA. f =n 1C1!1ATC Uf%l nCO CANCFLLATION V G1�IIrIVr'11G1 � --- - -- --- CITSP04 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Public Works Dept. 11707 E Sprague Ave; 5-106 Spokane Valley, WA 99206 AUTHORIZED REPRESENTATIVE � n © 1988 -2009 ACORD CORPORATION. ION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD V V 1/ 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: Begins on Page: 1. Employee Benefit Liability Coverage ................................................................... ..............................2 2. Unintentional Failure to Disclose Hazards ........................................................... ..............................7 3. Damage to Premises Rented to You .................................................................. ............................... 8 4. Supplementary Payments .................................................................................... ..............................9 5. Medical Payments ................................................................................................ ..............................9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) ......................................................................... ..............................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations ...................... .............................10 8. Waiver of Subrogation ........................................................................................ .............................10 9. Automatic Additional Insured - Specified Relationships: .................................. .............................10 • 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 ............ .............................14 11. Property Damage to Borrowed Equipment ......................................................... .............................14 12. Employees as Insureds - Specified Health Care Services: .............................. .............................14 • Nurses; • Emergency Medical Technicians; and • Paramedics 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 1 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 1. Employee Benefit Liability Coverage a Area (For Limits in Excess of (For Limits in Excess of - COVERAGES: Employee Benefit b Payroll $5,000) $5,000) c Gross Sales (1 ) Insuring A g reement 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- (b) This insurance applies to b. Care, Custody damages only if the act, er- sured, or of any other per- $ or Contra gently committed in the sured is legally liable, to "administration" of your TOTAL ANNUAL PREMIUM plies. We will have the right 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- ments. - COVERAGES: Employee Benefit Liability Coverage. No other obligation or liabil- ity to pay sums or perform (1 ) Insuring A g reement 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- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to "administration" of your which this insurance ap- "employee benefit pro - plies. We will have the right gram "; and and duty to defend the in- 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 claim or suit' on omission and settle any or before the ef- claim or "suit" that may re- 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 I claim or "suit' INSURANCE; and when any "author - 2) Our right and duty to ized representa- defend ends when we tive "; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to committed by any insured, that person's decision insurer; to participate or not to ii) Receives a participate in any plan (c) written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram ". ages because of the act, er- (f) Workers' Compensation tract by any insurer. and Similar Laws d () ror or omis- under the Internal Revenue sion; and Any claim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any meet any obligations under workers' compensation, un- ante. employment compensation (2) Exclusions "employee benefit pro- insurance, soda[ security or gram ". disability benefits law or any This insurance does not apply similar law. to: ance of Investment / Ad- vice Given With Respect (g) ERISA (a) Bodily Injury, Property ployment; Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- 1) Failure of any invest- ability imposed on a fiduci- "Bodily injury", "property 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. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform aCon- funds accrued or other col - tract lectible insurance. 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 () Insufficient of Funds y under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment - Related meet any obligations under Practices any plan included in the "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 daim based upon: (3) Coercion, demotion, evaluation, reassign - 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, humiliation, discrimina- 2) Errors in providing in- tion or other employ- on past per- 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 Dec- larations as: (a) An individual, you and your spouse are insureds, but only with respect to the con- duct 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 insur- eds, but only with respect to their duties as your manag- ers. (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 du- ties as your officers or direc- tors. 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 trus- tees. (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 authoriza- tion to administer your "em- ployee 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 simi- lar insurance applies to that or- ganization. However, coverage 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 organi- zation. 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 sus - (c) Persons or organizations tained by any one "em- making claims or bringing ployee ", including such "em- "suits"; ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all acts, errors or omissions to (e) Benefits included in your which this insurance ap- "employee benefit pro- plies. 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, errors seeking those dam- or omissions negligently commit- or "administration" ages; and in the of your "employee benefit pro- 2) Your duties, and the gram ". duties of any other in- (3) Subject to the limit described in volved insured, in the event of an act, error or (2) above, the Each Employee omission, or claim, Limit shown in Section B. Limits of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of pfcation 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 no- tification of the action taken, (a) An act, error or omission; or you shall promptly reim- (b) A series of related ads, er- burse us for such part of the rors or omissions, regard- deductible amount as we have paid. less of the amount of time that lapses between such d. Additional Conditions ads, errors or omissions, As respects Employee Benefit Li- negligently committed in the abilittyy Coverage, SECTION IV - "administration" of your "em- COMIIAERCIAL GENERAL LIABIL- ployee benefit program ". ITY CONDITIONS is amended as fol- However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payment of benefits in any replaced by the following: plan included in the "employee 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- (a) Our obligation 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 indude: 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 re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam - 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 received 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 en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit L- 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 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program ". benefits; and However, "administration" d. Vacation plans, indud- does not include: ing buy and sell pro- grams; leave of ab- a. Handling payroll deduc- senoe programs, in- tions; or cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- tance plans; transporta- or adequate limits of tion and health dub coverage of insurance, subsidies. including but not limited to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit' means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit' includes: tain benefits with pre -tax dollars. a. An arbitration proceed- ing in which such dam - 3. "Employee benefit pro- ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con - ployees", whether provided sent; 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 pro - other than an "em- ceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave of those "employees" who absence or disabled, or re- satisfy the plan's eligi- tired. "Employee" includes ". "Em- bility requirements; a "leased worker ployee' does not include a b. Profit sharing plans, "temporary worker ". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep - benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such failure. c. Unemployment insur- ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You f) Nesting or infesta- tion, or discharge a. The last Subparagraph of Paragraph or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in- AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c. through q. do not apply (b) Loss caused directly or indi- to damage by fire, explosion, light- rectly by any of the follow - ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or any other earth move - b. The insurance provided under SEC- ment; TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are 3) Water under the ground both rented to and occupied by you. surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b. above: a) Foundations, The exclusions under SECTION walls, floors or I - COVERAGES, COVERAGE paved surfaces; A. BODILY INJURY AND b) Basements, PROPERTY DAMAGE LIABIL- whether paved or ITY, 2. Exclusions, other than I. not; or War and the Nuclear Energy Liability Exclusion, are deleted c) Doors, windows or and the following are added: other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) "Property damage ": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract; or by or resulting from freez- ing, unless: 2) Loss caused by or re- sulting from any of the 1) You did your best to following: maintain heat in the building or structure; or a) Wear and tear; 2) You drained the b) Rust, corrosion, equipment and shut off fungus, decay, de- the water supply if the terioration, hidden heat was not main - or latent defect or tained. any quality in property that (d) Loss to or damage to: causes it to dam- 1) Plumbing, heating, air age or destroy it- conditioning, fire pro- self; tection systems, or C) Smog; other equipment or ap- pliances; or d) Mechanical break- down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property in trifugal force; the building or structure caused by or resulting e) Settling, cracking, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion; or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 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 "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance applies. (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. 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, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Prop- erty, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. 4. Supplementary Payments With respell to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: 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. 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 making claims or bringing "suits ". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (hereinafter referred to as ertyy Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover - limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con - Claim or Suit, applies to each tract where a certificate of claim or "suit" irrespective of the insurance showing that per - amount. son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 180 Day Coverage for Newly Formed or ing the policy period; Acquired Organizations SECTION II - WHO IS AN INSURED is 2) Executed prior to an occurrence" or offense amended as follows: to which this insurance Subparagraph a. of Paragraph 4. is would apply; and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured under any other pro - forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV - COMMERCIAL GENERAL and insurance coverage pro - LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of (a) The manager or lessor of a the following: premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products- completed opera- part of a premises leased to tions hazard ". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our "suit" 1) Any "occurrence" which request, the insured will bring or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following is hereby added to demolition operations SECTION II -WHO IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 GA 233 02 07 half of such additional solely for the pur- insured. pose of inspection, demonstration, (b) Any person or organization testing, or the from which you lease substitution of equipment with whom you parts under in- have agreed per Paragraph structions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con - solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence" which takes place normally under - after the equipment lease takes to make in expires. the usual course of business, in (c) Any person or organization connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod - agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of "your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the product; 1) The insurance afforded the vendor does not g) Products which, apply lox after distribution or sale by you, have a) 'Bodily injury" or been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub - reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have a) From whom you in the absence of have acquired the contrail or such products, or agreement; any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or containing such c) Any physical or products; or chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "products - completed opera - d) Repackaging, tions hazard" has unless unpacked Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) above sped to such to provide insurance, but products. only with respect to liability d An state or political subdi- () y p arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con - hazards for which the state tract or agreement, but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in- tion, erection, or re- sured under this endorse - moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, 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 decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" or "property damage" 2) The construction, erec- included within the "prod - tion, or removal of ele- ucts- completed operations vators; or hazard "; 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", "personal this insurance. damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional 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 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury", "property dam- age" or "personal and 2) The rendering of, or advertising injury" aris- failure to render, any ing out of operations professional architec- performed for the state tural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 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 - COMMERCIAL GEN- surveys, field or- ERAL LIABILITY ders, change or- CONDITIONS, 5. ders or drawings and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing 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 endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- 11. Conformance to Specific paragraph (f) above, SECTION III - Written Contract or LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para - written contract or agreement or in graph 9.a.(2)(f) above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Declarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- tion specified); or c. SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for "your work"; (a) Where required by a written contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted as providing the limits or (b) Any insurance provided by coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph ((1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Proper of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits ". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.�1)(d) of SECTION If - WHO IS AN INS RED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 (2) The names and addresses of any injured persons and wit- nesses; and (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 ". HIGGINS AND RUTLEDGE HIGGINS AND RUTLEDGE INSURANCE, INC. 1661 Shoreline Drive, Suite 100 • PO Box 8567 • Boise ID 83707 YS. 3 208.343.7741 • 800.733.0341 • 208.343.9371 (Fax) In May 2010, ACORD revised the ACORD 25 Certificate of Insurance form. When a new version is officially released we are obligated to use it. We are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide. Certificates of Insurance should be viewed as a summarized reflection of an insurance policy and used only for informational purposes. Under the ACORD Corporation's licensing agreement, the prior editions of superseded forms can be used for one year from the time the new forms are introduced. Therefore as of May 2011, we cannot use an older edition of the ACORD 25. Doing so would violate ACORD's licensing agreement and, as a copyrighted document, federal copyright law. • One of the major changes was the removal of the cancellation notice provision. Notice of cancellation is a policy right, not an unregulated service. No insurer shown on this certificate is able to provide the cancellation notice you desire by endorsement. For example, the insured can cancel immediately, so it would be impossible for the insurer to give you the notice you request. State law also grants the insurer the right to cancel for reasons such as nonpayment with less notice than you require. Another notable change was the removal of additional wording being placed in the Description of Operations area. Only the contract number or project name is now allowed to meet ACORD compliance. ACORD forms are designed to be completed, not altered. ACORD's Forms Instruction Guide says that a certificate should not be used "To waive rights ... To quote wording from a contract ... To quote any wording which amends a policy unless the policy itself has been amended." • If Additional Insured status or Waiver of Subrogation is needed, indication will be provided within the two columns left of the policy number. The Additional Insured and /or Waiver of Subrogation endorsements will be provided separately if requested. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. �t�a CNOK+Pb qP MEMBER 0