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09-004.00 Berger/Abam Engineers: City Center Draft, EIS, PAOAGREEMENT FOR PROFESSIONAL SERVICES Berger /Abam Engineers Inc. THIS AGREEMENT is made by and between the City of Spokane Valley, a code City ofthe State of Washington, hereinafter "City" and Berger /Abam Engineers Inc. hereinafter "Consultant," jointly referred to as `yParties " IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: I. Fork to Be Performed The Consultant will provide all labor, services and material to satisfactorily complete the ached Scope of Services. A. Administration The City Manager or designee shall administer and be the primary contact for Consultant Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Work, schedule and date of completion. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasis in the Scope of World, stop work and promptly cure any failure in performance under this agreement. B. Representations The City has relied upon the qualifications of the Consultant in entering into this agreement. By execution of this agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Work. No substitutions of agreed upon personnel shall be made without the written consent of the City. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Modifications The City may modify this agreement and order changes in the work whenever necessary or advisable. The Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the parties The Consultant shall make such revisions in the work as are necessary to correct errors or omissions wing therein when required to do so by the City without additional compensation. 2. Term of Contract This agreement shall be in fiill force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met. Either party may terminate this agreement by ten days written notice to the other party. In the event of such termination, the City shall pay the Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Consultant $150,000 as full compensation for everything done under this agreement. 4. Payment The Consultant shall be paid monthly upon presentation of an invoice to the City. Applications for payment shall be sent to the City Clerk at the below stated address. Agreement for Pwfessional Services Page I of 5 cog -004 The City reserves the right to withhold payment under this agreement which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Work, City Standards, City ordinances and federal or state standards. 5. Notice Notice shall be given in writing as follows: TO THE CITY TO THE CONSULTANT Name: Christine Bainbridge, City Clerk Phone Number: (509)921 -1000 Address: 11707 Fast Sprague Ave, Suite 106 Spokane Valley, WA 99206 Name: John D. White, Vice - President Phone Number. (360) 696 -9317 Address: 1111 Main Street — Suite 300 Vancouver, WA 98660 -2958 6 Aoolicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State, local laws, ordinances, and regulations. 7. Relationsh: p of the Parties It is understood, agreed and declared that the Consultant shall be an independent Consultant and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the Consultant. Any and all employees who provide services to the City under this agreement shall be deemed employees solely of the Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees 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 Consultant under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records The City or Staaft Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Consultant's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits ofall contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Insurance, The Consultant shall proem and maintain for the duration of the agreement, insurance against claim for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. No Limitation. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described glow: 1. Automobile Liability insurance covering all owned, non - owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) foam CA 00 01 or a substitute foam providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Agreement for Professional Scmces Page 2 of 5 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the 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 The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self -insurance, or insurance pool coverage maintained by the City shall be excess ofthe Consultant's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days prior written notice by certified mail, return receipt requested, has been given to the City, or b. the Consultant shall provide at least 30 days prior written notice by certified mail, return receipt requested of a cancellation. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANN. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Consultant shall furnish acceptable insurance certificates to the City at the time the Consultant returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, Agreement for Professional Services Page 3 of 5 complete copies of insurance policies shall be provided to the City. The Consultant shall be financially responsible for all pertinent deductibles, self - insured retentions, and/or self - insurance 11. Indemnification and Hold Harmless The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance ofthis agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to properly caused by or resulting from the concurrent negligence ofthe Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent ofthe Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions ofthis 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 ofthe conditions or provisions ofthis agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure ofeither party to enforce at any time any ofthe provisions ofthis agreement or to require at anytime performance by the other party of any provision hereof shall in noway 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 ofthe responsibilities ofthis agreement or the benefits received hereunder without first obtaining the written consent of the other party. 14. Sabeontracts Except as otherwise provided herein, the Consultant shall not enter into subcontracts for any ofthe work contemplated under this agreement without obtaining prior written approval of the City. 15. Confidentiality Consultant may, from time to time, receive information which is deemed by the City to be confidential. Consultant shall not disclose such information without the express written consent of the City or upon order of a Court of competent jurisdiction. 16. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 17. Cost and Attorney's Fees In the event a lawsuit is brought with respect to this agreement, the prevailing party shall be awarded its costs and attorney's fees in the amount to be determined by the Court as reasonable. Unless provided otherwise by statute, Consultant's attorney fees payable by the City shall not exceed the total sum amount paid under this agreement. 18. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties and supercedes any prior oral or written agreements. This agreement may not be changed, modified or altered except in writing signed by the parties hereto. Agreement for Professional Services Page 4 of 5 19. Anti - kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in this agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this agreement. 20. Business Registration Prior to commencement of work under this agreement, Consultant shall register with the City as a business. 21. Severability If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 22. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of services 2. Proof of Insurance IN WITNESS WHEREOF, the parties have executed this agreement this �'� ° day of a a " , 2009. CITY OF' SPOKANE VALLEY: Consultant: r i David Mercier, City Manager John D. ite_ Vice - President Tax ID No. _REDACTED ATTEST- APPROVED AS TO FORM: Christine Bainbri ge, City Clerk Office of e City ey This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. Agreement for Professional Services Page 5 of 5 Scope of work: C .enter Draft & Final EIS and PAO BACKGROUND The City of Spokane Valley (City) is in the process of adopting a subarea plan for the Sprague /Appleway corridor. A major element of this effort is the development of a city center, a focus and a central gathering place for the community, because Spokane Valley lacks such a center. The lacy Center will be a mixed -use neighborhood and the location for a new city hall and library. The intent of the project is to designate the City Center as a subarea, to implement projects as planned actions consistent with the State Environmental Policy Act (SEPA), and to assess the impacts of and facilitate future development within it. An Environmental Impact Statement (EIS) will be completed to evaluate any probable significant adverse impacts of a range of alternatives. following completion of the EIS, a planned action ordinance will be drafted defining mitigation for impacts associated with City Center development and providing for streamlined environmental review of projects that are consistent with the Sprague /Appleway corridor subarea plan. Throughout the project, the affected public will be engaged to assist in identifying and evaluating the alternatives and the impacts of their construction. PROJECT APPROACH Recognizing the existing developed nature of the site, the EIS will focus on those environmental elements specific to the site and proposed projects. It is anticipated that the key analyses would focus on potential impacts related to transportation, land use, public services and utilities, and air quality. Because the site is already developed, impacts to other elements of the environment are not anticipated to be significant and would not be analyzed in the EIS unless they are identified as significant during the scoping process. Public involvement efforts will be focused on the scoping phase and selection of alternatives, and during the public review of the Draft EIS (DEIS). Throughout the process, the City's website would be updated to fist new information and notify residents of any upcoming public involvement opportunities. Before any public involvement is conducted, BERGER /ABAM will work with the City to identify existing networks and methods that can educate and involve stakeholders and the community efficiently. Throughout, BERGER�ABAM will maintain a comprehensive and thorough record of all SEPA- related materials and correspondence. Materials will be sorted by task and kept in a database for easy reference. GENERAL ASSUMPTIONS This proposal is based on the following assumptions: • The City will be lead agencv under SEPA. • The City will be only agency reviewing the preliminary drafts of the DEIS and FEIS. • No more than three distincl alternatives will be analyzed in the EIS. • The City will be responsible for — Reproduction and publication of the SEPA documents. — All agency, government, and publication fees associated with the project. The City will provide the following documents: • Existing SEPA documents for the Sprague /Appleway corridor plaiming effort • Electronic files for all City Center - related plans • Any existing specific studies on the City Center project site (geotechnical analysis, archaeology, hazardous materials, etc.) • Traffic analysis /modeling conducted as part of the Sprague /Appleway corridor plan • Other technical work completed as part of the Sprague /Appleway corridor plan that may be relevant to the project site. • Graphics and maps developed as part of Sprague /Appleway corridor planning • GIS data for the project site • Existing mailing lists of interested community members or groups Scope of work: C enter Draft & Final EIS and PAO SCOPE OF WORK Task 1 Project Kick Off and Public Involvement Program In order for the project to be cost effective and efficient, BERGER\ABAM will work with City staff to more clearly define roles and responsibilities during this task. Recognizing that the City wants to engage the public, property and business owners, and government agencies, BERGFR�ABAM will develop a tailored public participation program that meets the needs of the project and the expectations of the community. In consultation with the City, BERGER /ABA l public involvement staff will prepare a public involvement plan that emphasizes involvement at process milestones. BERGER\ABAM will explore previous City public involvement efforts in relation to the planning process for the Sprague/Appleway corridor to identify issues and appropriate methods for reaching the community. To effectively meet public involvement goals within a limited budget, public meetings are assumed at the scoping and UFIS phases of the project. Working with the media and the City's existing web presence are additional opportunities to disseminate and collect information. Assumptions: • Allendance by the project team at an initial project kickoff meeting to be conducted in Spokane Valley. Deliverables • Technical memorandum outlining required tasks and the responsible party • Publir participation plan Task 2 Scoping and Preliminary SEPA Matters Through this task, the City and BERGER`ABAM would complete the scoping process, select alternatives for consideration, and identify the project goals. A Determination of Significance (DS) will be prepared and published. During the 21-day scoping period, a public meeting to solicit comments on the scope of the EIS will be conducted. BERGER/ABAb1 staff will work with City staff to develop materials for the meeting, and will staff and attend with City representatives. For additional public information, BERGER /0AM will provide the City with an update for the City's website. BERGER /ABA.M will summarize the public meeting and create a database of comments sorted by issue area. Following the public review of the proposed scope, BFRGFR/ABAM will summarize the comments and make recommendations to the City on the final scope of the EIS. After the scoping process is complete, the work plan will be reviewed and revised if necessary to reflect any changes in the scope of the EIS. Included in the initial scoping phase is a cultural resources technical report to identify any potential resources that could be impacted by the proposal that may warrant inclusion in the EIS scope. Assumptions: • A maximum of thee alternatives will be considered; a no- action alternative (redevelopment of the site under the present zoning standards), the proposed project, and an alternative development scenario on the project site. One teleconference will be necessary to review scoping report and final scope determination. • Not more than 30 unique public conunents will be received during the scoping process. • City will be responsible for creating and maintaining the distribution list for the notice of the DS. • City will be responsible for reproducing and distributing the notice of US including legal publication. • City will be responsible for the location and cost of the meeting site and refreshments. • City will ensure attendance by appropriate City staff. • City will provide easels and foam core boards for displays. • City will draft and mail media advisories and assign a point of contact for media inquiries. • City will be responsible for community notification of the meeting. Deliverables: • Notice of US and re(piest for scoping comments in a format suutable for legal publication • DS and request for scoping comments suitable for City signature and distribution in mailed notice • I'Ian for public scoping meeting, including logistical and display needs, handouts, materials, etc. • Single -page update for City website containing information on EIS process and requesting comments; assumes development of draft for City review and final version incorporating City comments • Technical memorandum summarizing unique comments received during scoping process and recommendation on how they will be addressed in the final scoping determinalon and any change recommended to EIS scope • Allendance by two BERGER/ABaM staff members at public scoping meeting. • Project fact sheet, sign -in sheets, public comment forms, and up to four display posters for public scoping meeting. • Meeting summary with allendance information and general comment summary • Database of project comments Scope of work: C enter Draft & Final EIS and PAO Task 3 Draft EIS In this task, BERGER /ABAM and the project team will prepare a preliminary draft EIS (PDEIS) for review by the City of Spokane Valley. The PHIS will include the following elements: • Cover • Fact sheet • Distribution list • Table of contents • Summary • .Ulernalives including: — No action — Proposed project — Alternative development on project site • Affected environment, imparts, and mitigation including the following environments: — transportation — land use — public services and utilities — air quality ■ Appendices (if necessary) The BERGER /ABAM team will conduct technical evaluations and prepare the PHIS sections for each environmental element. Each section will describe the affected environment (existing conditions); evaluate the build alternatives and compare them to the no-build alternative; determine direct, indirect, and cumulative impacts; and identify mitigation measures designed into the project. Each section will include the following subsections: • Affected environment • Environmental impacts (including direct, indirect, and cumulative► • Mitigation designed into the project • Other potential mitigation • Significant unavoidable adverse impacts Following completion of the PDEIS, the document will be forwarded to the City for review and comment in one round of revisions before publication. BERGER /ARAM will review and respond to the comments, either incorporating them into the document or explaining why the comment did not result in a change. Upon resolution of the City's comments, the DEIS would be finalized in a format suitable for publication by the city. Subtask 3.1 Transportation Engineering/Planning Kittelson & Associates, Inc. (KAI) will provide transportation engineering/ planning services to the project team. Based on KAI's review of the study scope and recent activities completed though the Sprague /Appleway corridor subarea plan, KAI anticipates the following key work activities: • Obtain and review transportation modefing data prepared for the Sprague / Appleway corridor subarea plan. including available Synchro models. • Obtain historic weekday a.m. and p.m. peak hour traffic counts from the City of Spokane Valley at five intersections in the site vicinity to confirm key intersection operations and the previously prepared modeling. The five intersections are: — N Argonne Road /E Sprague Avenue — N Mullan Road /E Sprague Avenue — S Dishman Mica Road -N Argonne Road Couplet /Appleway Boulevard — S University Road /E Sprague Avenue — S University Road /Appleway Boulevard • Conduct weekday morning (7:00 -9:00 a.m.) and evening (4:00 -6:00 p.m.) peak hour traffic counts at two of the study intersections: — S Dartmouth Road /E Sprague Avenue — S Dartmouth Road / Appleway Boulevard • Using the base Synchro model provided by the City of Spokane Malley and the traffic count data, prepare a base conditions (no-action) analysis for the seven study intersections assuming completion of the Sprague /Appleway corridor subarea plan Stage I transportation reconunendations. It is assumed effort will be limited to updating the City's Synchro model for the two-way streets to include the additional intersections of S Dartmoulh Road /E Sprague avenue and S Dartmouth Road /Appleway Boulevard and creating an a.m. peak hour model for the study intersection. • Obtain and review Spokane Regional Transportation Council (SRTC) model data (land use data by TAZ for the study site as well as traffic forecasts for the adjacent roadway system) for the Sprague /Appleway corridor. • Estimate the daily and weekday p.m. peak hour trip generation and distribution associated with two additional land use build alternatives to be developed by Scope of work: C 3enter Draft & Final EIS and PAO the project team. • Estimate weekday p.m. peak hour operations at the seven study intersections and the Sprague Avenue /New City Center Boulevard intersection (including trips associated with development of the new WinCo Foods store at S. Farr Road) assuming development of the two land use alternatives with the Sprague/Apple corridor subarea plan Stage 1 transportation recommendations in place (total of three analysis conditions (base, build alternative #l, and build alternative #2) for both a.m. and p.m. peak hour conditions reviewed at each of seven intersections). • Identify mitigation measures as needed at the seven study intersections and the Sprague Avenue /New City Center Boulevard intersection (including a preliminary traffic signal warrant analysis). • Review the conceptual City Center layout and provide the project team with preliminary comments on internal traffic control needs and ;reneral circulation /connectivity considerations. • Provide summary LOS tabulation and Synchro modeling output files to EN YON for use in the air duality analysis • Summarize the analysis findings and recommendations in a transportation section for the PDEIS and DEIS. • Provide written responses to up to live comments in the DEIS. • A field inventory of existing conditions and a separate meeting with local agency transportation staff are anticipated to be completed dining the same day. Subtask 3.2 Air Quality Analysis The air quality analysis will be performed by ENVIRON International Corporation (ENVIRON). The project area is included in a carbon monoxide maintenance area. For purposes of estimating effort and cost, air quality conformity is assumed to apply. A project -level conformity WASIST screening modeling analysis will be performed for the project. Air quality screening modeling to consider up to three future alternative scenarios; screening modeling to include existing conditions, and opening year and design year conditions with and without the project alternatives. Greenhouse gas emissions will be assessed related to paving (only) and operation of the proposed facility. Greenhouse gas emissions will be calculated using latest Ding County procedure. The analysis will consider operational emissions based on estimates of corridor operations based on idling and /or overall travel time and average speed. Assumptions: • Teleconference will be conducted on the matrix of impacts and potential mitigation measures. • PHIS will be completed for review by the City, and the City will prepare a single consolidated set of continents for consideration by the project team. • One meeting will be conducted in Spokane Valley to renew and discuss City continents on the DEIS. • The DEIS will be revised once. Deliverables: • Electronic copy of the PDEIS for review and comment • One technical memorandum containing City comments on the PDEIS and project team's response • One electronic copy of DEiS in a format suitable for publication on the web and in hard copy Task 4 Public Review and Comment on Draft EIS SEPA requires that a thirty (30) day comment period be provided for a DEiS. BERGER /ARAM will prepare the Notice of Availability for the City of Spokane Valley. The City will distribute the notice of its availability to the distribution list and be responsible for reproduction of the DEIS. The primary method of publication would be electronically through the website and on CD's with a limited number of hard copies. BERGER/ABAM would provide the document in a PDF format suitable for publication on the web. Two hard copies of the DEIS must be sent to the Department of Ecology. CDs containing the document must be sent to each federal agency with jurisdiction over the proposal; each agency with jurisdiction over or environmental expertise on the proposal; Spokane County and the City of Spokane; each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; the applicable local, areawide, or regional agency, if any, that has been designated under federal law to conduct intergovernmental review and coordinate federal activities with state or local planning, any person requesting a copy of the EIS from the lead agency; and any affected tribe. Hard copies should be made available for public review at City offices and the local library. One open house /public meeting will be conducted to provide information and solicit comments on the DEIS. BERGER/ABAM staff will work with City staff to develop materials for the meeting, and will staff and attend with City and consultant team representatives. For additional public information, BERGER/ABAM will provide the City with an update for the City's website. Assumptions: • City will be responsible for creating and maintaining the (listribution list for the DEIS. • City will be responsible for reproducing, and distributing the Notice of DEIS availability. • City will be responsible for reproducing the DEIS in electronic format on CD's and any necessary hard copies. • City will be responsible for the location and cost of the open house meeting site and refreshments. • City will ensure attendance by appropriate City staff. • City will provide easels and foam core boards for display. • City will be responsible for developing media advisories and appointing; a contact for media inquiries. Scope of work: C :enter Draft & Final EIS and PAO ■ fty Hill be responsible for community notification of the meeting. Deliverables: • Notice of DEIS availability suitable for publication in the legal notices section of the newspaper and for distribution. • Draft newspaper advertisement • Attendance by two BERGER/ABA 1 staff members at DEIS open house • Sign -in sheets, public comment forms, and up to four display boards for the DEIS open house • Aleeling summary, including attendance and comments • Updated comment database • Table of unique DEIS comments and summary of responses proposed for inclusion in the Final EIS (FEIS) • Updated web page with information about publication of DEIS Task 5 Final EIS An HIS will be drafted that will include all substantive comments received during the public review process and responses to them. Possible responses include: modifying alternatives, developing and evaluating additional alternatives, providing additional analysis, correcting facts within the EIS, or explaining why the comment does not require a response. The HIS will be developed as a revision and expansion of the DEIS based on public comments and will undergo one round of client revisions. BERGER/ ABAM will prepare a comment response section to be incorporated into the HIS in which responses will be categorized by unique comment. Similar comments will be grouped. Two hard copies of the HIS must be sent to the Department of Ecology. CD's of the document must be sent to all agencies with jurisdiction, all agencies who commented on the DEIS and to anyone requesting a copy. The HIS or a notice that the HIS is available needs to be provided to all those making comments on the DEIS. Hard copies of the HIS should be made available for public review at the City offices and in the local library. In addition the HIS should be uploaded to the website. Assumptions: • No more than 30 um (pie comments requiring a response will be received. • No new technical analysis will be required. • One project meeting in Spokane to review DEIS continents and proposed response. • The HIS will be revised once. • City will be responsible for creating and maintaining the distribution list for the HIS and Notice of HIS availability. • City will be responsible for reproducing, and disiributin-Y the Notice of HIS availability. • City will be responsible for reproducing the HIS in electronic formal on CD's and any necessary hard copies. Deliverables: • One electronic copy of the Draft HIS for review and comment by the City • One electronic copy of the HIS in a format suitable for publication on the web, reproduction on CD and for paper reproduction. • Web page update on HIS availability • Notice HIS availability. Task 6 Planned Action Ordinance Following completion of the EIS process, BERGER�ABAM will work with the City's planning and legal staff to draft a planned action ordinance consistent with VAC 197 -11 -168 guidelines, including a description of project, the specific mitigation measures identified through the EIS, and setting forth a review process for projects being considered as part of the planned action. Appropriate time limits and a periodic review process will be included. The City will take the leadership role in the adoption of the ordinance by the City Council. BERGER/ABAM will provide support for staff during the legislative adoption process. Assumptions: • Includes attendance at one meeting by one BERGER / ABAM staff member to support City staff during the adoption process. • City will be responsible for uploading update materials to City web page. Deliverables: • Draft planned action ordinance in an electronic format for City review and comment. • Final draft planned action ordinance in an electronic format. ACOR ) TM CERTIFICATE OF LIABILITY INSURANCE ��AI (MM / 1/06 PRODUCER CAL# 0531007 Wells Fargo Insurance THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Services Northwest Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 91143 POLICY EFFECTIVE T M/ /YY Seattle, WA 98111 -9243 INSURERS AFFORDING COVERAGE INSURED Berger /Abam Engineers, Inc. 33301 9th Avenue South Federal Way WA 98003 INSURER A One Beacon Insurance INSURER B INSURER C: Lexington Insurance Compan INSURER D Granite State Ins. Co INSURER E. S 1000000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE T M/ /YY POLICY EXPIRATION AT / Y) LIMITS A GENERAL LIABILITY 710019458 5/01/08 5/01/09 EACH OCCURRENCE S 1000000 FIRE DAMAGE (An one fire) $ 500000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE a OCCUR MED EXP (Any one person) S 10000 PERSONAL & ADV INJURY 5 1000000 X WA STOP X GAP GENERAL AGGREGATE 5 2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2000000 POLICY PEA F XJ LOC A AUTOMOBILE LIABILITY X ANY AUTO 710019458 5/01/08 5/01/09 COMBINED SINGLE LIMIT (Ea accident) 1 000000 BODILY INJURY (Per person) � ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) 0. GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 2953824 USL &Fi INCLUDED 5/01/08 5/01/09 X I W R Y LIMITS I I ° ER E L EACH ACCIDENT $ 1000000 E L DISEASE - EA EMPLOYEE I S 1 000000 E L DISEASE - POLICY LIMIT I $ 1000000 C OTHER 7878156 7/01/08 7/01/09 PROF. LIAB $5 MIUCLAIM, $5 MIL /AGGREGATE $225.000 DEDUCTIBLE PER CLAIM DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES,'EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: CITY CENTER DRAFT AND FINAL EIS AND PLANNED ACTION ORDINANCE. CITY OF SPOKANE VALLEY IS PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED UNDER GENERAL LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER ATTACHED COVERAGE FORM DT CERTIFICATE HOLDER I I ADDITIONAL INSURED. INSURER LETTER: City of Spokane Valley 11707 E Sprague Ave., Ste. 106 Spokane Valley, WA 99206 ACORD 25 -S (7197) 1 1 - 3R UANULLLA I IUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTH IZED REPRE54_-NT41T7N © ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 -S (7/97) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. @VANTAGE FOR GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The following schedule lists the coverage extensions provided by this endorsement. Refer to the individual provi- sions to determine the extent of your coverage. 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) Bodily injury' or "property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally un- dertakes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts. VCG 205 02 05 Includes copyrighted material of insurance Services Office, Inc. Page 1 of 7 CopyNht2oo4, 1111 HIIIHM! III !111111IHI It! 11111NIII1WHIII SCHEDULE OF COVERAGE EXTENSIONS 1. Additional Insured - Broad Form Vendors 8. Broadened Property Damage Rented Premises 2. Additional Insured — by Contract, Agreement or 9. Coverage Territory — Worldwide Permit relating to: 10. Duties in Event of Occurrence, Claim or Suit o Work performed by you 11. Expected or Intended Injury (PD) o Premises you own, rent, lease or occupy 12. Incidental Medical Malpractice o Equipment you lease 13. Medical Payments 3. Aggregate Limit Per Location 14. Mobile Equipment Redefined 4. Blanket Waiver of Subrogation 15. Newly Acquired or Formed Organizations 5. Bodily Injury Redefined- Mental Anguish 16. Non -Owned Aircraft 6. Broadened Named Insured 17. Non -Owned Watercraft 7. Broadened Property Damage 18. Personal and Advertising Injury o Borrowed Equipment 19. Product Recall Expense o Customers' Goods 20. Supplementary Payments Increased Limits o Use of Elevators 1. ADDITIONAL INSURED - BROAD FORM VENDORS Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) (referred to below as vendor) with whom you agreed in a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. This provision 1. does not apply to: (1) Bodily injury' or "property damage for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, except when unpacked solely for the purpose of Inspection, demonstration, testing or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (8) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (a) The exceptions contained in Subparagraphs 4. or 6.; or (b) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally un- dertakes to make in the usual course of business, in connection with the distribution or sale of the prod- ucts. VCG 205 02 05 Includes copyrighted material of insurance Services Office, Inc. Page 1 of 7 CopyNht2oo4, 1111 HIIIHM! III !111111IHI It! 11111NIII1WHIII (9) Any person or organization if the "products- completed operations hazard" is excluded either by the pro- visions of the Coverage Form or by endorsement. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 2. ADDITIONAL INSURED — CONTRACT, AGREEMENT OR PERMIT a. Section Il - Who Is An Insured is amended to include as an additional insured any person(s) or organiza- tion(s) with whom you agreed in a written contract, written agreement or permit to provide insurance such as is afforded under this Coverage Part, but only with respect to liability for "bodily injury', "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of "your work" for the additional insured(s) at the location designated in the contract, agreement or permit; or 2. In the maintenance, operation or use of equipment leased to you by such persons) or organization(s), or 3. In connection with premises you own, rent, lease or occupy. This insurance applies on a primary or primary and non- contributory basis if that is required in writing by the contract, agreement or permit. b. The insurance provided to the additional insured herein is limited. This insurance does not apply: 1. Unless (a) the written contract, agreement or permit is currently in effect or becomes effective during the term of this policy; and (b) the contract or agreement was executed or permit issued prior to the "bodily injury", "property dam- age ", or "personal and advertising injury"; 2. To any person or organization included as an insured under the Additional Insured - Broad Form Ven- dors provision of this endorsement; 3. To any person or organization included as an insured by an endorsement issued by us and made part of this Coverage Part; 4. To any person or organization if the "bodily injury", "property damage ", or "personal and advertising in- jury' arises out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. 5. To any: (a) Lessor of equipment after the equipment lease expires; or (b) Owners or other interests from whom land has been leased; or (c) Managers or lessors of premises if (1) The "occurrence" takes place after you cease to be a tenant in that premises; or (2) The "bodily injury', "property damage ", "personal and advertising injury' arises out of structural alterations, new construction or demolition operations performed by or on behalf of the man- ager or lessor. 6. To "bodily injury, or "property damage" occurring after: (a) All work on the project (other than service, maintenance or repairs) to be performed by or on be- half of the additional insured at the site of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in per- forming operations for a principal as part of the same project. c. Limits of Insurance applicable to the additional insured are those specified in the contract, agreement or permit or in the Declarations of this policy, whichever is less, and fix the most we will pay regardless of the number of: 1. Insureds; Page 2 of 7 Includes copyrighted material of Insurance Services Of rice, Inc. VCG 205 02 05 Copyright 2004, 1 !!!!! 1!!!!!!!!!!! I !!!!!!llt!1 {II!II!11!!!I!!!I!11. 2. Claims made or "suits" brought; or 3. Persons or organizations making claims or bringing "suits ". These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Decla- rations. 3. AGGREGATE LIMIT PER LOCATION a. Under Section III — Limits of Insurance, the General Aggregate Limit applies separately to each of your "locations" owned by or rented or leased to you. b. Under Section V— Definitions, the following definition is added: "Location" means premises involving the same or connecting lots, or premises whose connection Is In- terrupted only by a street, roadway, waterway or right -of -way of a railroad. 4. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products- completed operations hazard ". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage ", that requires you to waive your rights of recovery. 5. BODILY INJURY REDEFINED — MENTAL ANGUISH Under Section V the definition of "bodily injury" is replaced by the following: "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. 6. BROADENED NAMED INSURED Section 11- Who Is An Insured is amended to include as an insured the following: Any organization which is a legally incorporated entity in which you own a financial interest of more than 50 percent of the voting stock on the effective date of this endorsement will be a Named Insured until the 180' day or the end of the policy period, whichever comes first, provided there is no other similar insurance available to that organization. The insurance afforded herein does not apply to any entity which is also an insured under another policy or would be an insured under such policy but for its termination or the exhaustion of its limits of insurance. 7. BROADENED PROPERTY DAMAGE — BORROWED EQUIPMENT, CUSTOMERS' GOODS AND USE OF ELEVATORS The insurance for "property damage" liability is subject to the following: a. The Damage To Property exclusion under Section I Coverage A is amended as follows: 1. The exclusion for personal property in the care, custody or control of the insured does not apply to "property damage" to equipment you borrow while at a job site and provided it is not being used by anyone to perform operations at the time of loss. 2. The exclusions for (a) Property loaned to you; (b) Personal property in the care, custody or control of the insured; and i (c) That particular part of any property that must be restored , repaired or replaced because "your work" was incorrectly performed on It i do not apply to "property damage" to "customers' goods" while on your premises nor do they apply to "property damage" arising from the use of elevators at premises you own, rent, lease or occupy. Subject to the Each Occurrence Limit, the most we will pay for "property damage" to "Customers' 1 Goods" is $25,000 per "occurrence ". i b. Under Section V — Definitions, the following definition is added: " Customers' Goods" means goods of your customer on your premises for the purpose of being: 1. Repaired; or 2. Used in your manufacturing process. c. The insurance afforded by this provision is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or VCG 205 02 05 Includes copyrighted material of Insurance Services Office, Inc. Page 3 of 7 Copyright 2004, W!!!!! HIM 1111!I!HIM IIHINIIIIMllIWII on any other basis. Any payments by us will follow the Other insurance — Excess provisions in the COM- MERCIAL GENERAL LIABILITY CONDITIONS. 8. BROADENED PROPERTY DAMAGE — RENTED PREMISES a. In the Damage To Property exclusion under Section I Coverage A, the exclusion for "property damage" to: Property you own, rent or occupy; does not apply to real property you rent or temporarily occupy with permission of the owner. b. In Section Ill — Limits Of Insurance, the Damage To Premises Rented To You Limit is amended as follows: Subject to the Each Occurrence Limit, $500,000 is the most we grill pay under Coverage A for damages because of "property damage" to any one premises while rented to you or occupied by you with permission of the owner. If any amount other than $500,000 is shown in the Declarations as the Damage To Premises Rented To You Limit, the amount shown in the Declarations will replace $500,000 as the Limit of Insurance provided for this coverage. c. The insurance afforded by this Provision 8. is excess over any other valid and collectible property insurance (including any deductible) available to the insured whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Excess Insurance provisions in the CONIMERCIAL GENERAL LIABILITY CONDITIONS. 9. COVERAGE TERRITORY —WORLDWIDE The definition of "coverage territory" is replaced by the following: "Coverage territory" means anywhere. However, the insured's responsibility to pay damages must be determined in a settlement we agree to or in a "suit" on the merits brought within the United States of America (including its territories and possessions), Puerto Rico or Canada. 10. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Duties In The Event Of Occurrence, Claim or Suit is amended by adding the following paragraphs: a. The requirements that you must 1. notify us of an "occurrence" offense, claim or "suit" and 2. send us documents concerning a claim or "suit" apply only when such "accident" claim, "suit" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer of the corporation or insurance manager, if you are a corporation; or 4. A manager, if you are a limited liability company. b. The requirement that you must notify us as soon as practicable of an "occurrence" or an offense that may result in a claim does not apply if you report an "occurrence" to your workers compensation insurer which later develops into a liability claim for which coverage is provided by this policy. However, as soon as you have definite knowledge that the particular "occurrence" is a liability claim rather than a workers compensa- tion claim, you must comply with the Duties In The Event Of Occurrence, Offense, Claim Or Suit Condi- tion. 11. EXPECTED OR INTENDED INJURY (PROPERTY DAMAGE) The Expected Or Intended Injury exclusion under Coverage A Bodily Injury and Property Damage is replaced by: "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 12. INCIDENTAL MEDICAL MALPRACTICE— EMPLOYED PHYSICIANS, NURSES, EMT'S AND PARAMEDICS a. Under Section !1— Who Is An Insured the paragraph that excludes an employee or volunteer worker as in- sured for "bodily injury" or "personal and advertising injury" arising out of his or her providing or failing to provide professional health care services does not apply to a physician, dentist, nurse, emergency medical technician or paramedic employed by you if you are not engaged in the business or occupation of providing medical, paramedical, surgical, dental, x -ray or nursing services. Page 4 of 7 Includes copyrighted material of Insurance Services Office, Inc. VCG 205 02 05 Coovriaht 2004.11!1W!I II! III!I !I!WI!!111111111!!!!!!1!1 fl! III b. The insurance afforded by this provision is excess over any other valid and collectible insurance whether such insurance is primary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance --- Excess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 13. MEDICAL PAYMENTS - INCREASED UMITS AND TIME PERIOD a. In the Insuring Agreement under Coverage C Medical Payments, the requirement that expenses are in- curred and reported to us within one year of the date of the accident is changed to three years. b. The Medical Expense Limit is $10,000 per person or the amount shown in the Declarations as the Medical Expense Limit, whichever is greater. c. This provision 13. does not apply if Coverage C - Medical Payments is otherwise excluded either by the provisions of the Coverage Form or by endorsement. 14. MOBILE EQUIPMENT — SELF - PROPELLED SNOW REMOVAL, ROAD MAINTENANCE AND STREET CLEANING EQUIPMENT The following is added to the "mobile equipment" definition: - Vehicles maintained primarily for purposes other than the transportation of persons or cargo that are self - propelled vehicles of less than 1,000 pounds gross vehicle weight with the following types of permanently attached equipment will be considered "mobile equipment ": a. Snow removal; b. Road maintenance, but not construction or resurfacing; or c. Street cleaning. 15. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Under Section II - Who Is An Insured, the time period limitation for newly acquired or formed organizations is replaced by: Coverage under this provision is afforded only until the end of the current policy period. 16. NON -OWNED AIRCRAFT a. The Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Property Damage Liability does not apply to an aircraft that is: 1. Hired, chartered or loaned with a paid crew; and 2. Not owned by any insured. b. The insurance afforded by this provision 16. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is pd- mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance - Ex- cess Insurance provisions in the COMMERCIAL GENERAL LIABILITY CONDITIONS. 17. NON -OWNED WATERCRAFT a. Section II - Who Is An Insured Is amended to include as an insured for any watercraft that is covered by this policy, any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercraft. However, no person or organization is an insured with respect to: 1. "Bodily injury" to a co- "employee" of the person operating the watercraft; or 2. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the em- ployer of any person who is an insured under this provision. b. In the exception to the Aircraft, Auto Or Watercraft exclusion under Coverage A Bodily Injury And Prop- erty Damage Liability, the limitation on the length of a watercraft is increased to 51 feet. c. The insurance afforded by this provision 17. is excess over any other valid and collectible insurance (including any deductible or Self Insured Retention) available to the insured, whether such insurance is pri- mary, excess, contingent or on any other basis. Any payments by us will follow the Other Insurance — Ex- cess Insurance provisions In the COMMERCIAL GENERAL LIABILITY CONDITIONS. 18. PERSONAL AND ADVERTISING INJURY The following is added to the definition of "personal and advertising injury": Discrimination because of race, color, creed, national origin, age, sex or physical disability, where insurance therefore is not prohibited by law, but only if such discrimination is: VCG 205 02 06 Includes copyrighted material of Irisuranoe Services Office, Inc. Page 5 of 7 CopyrightX04, !111!Illllll!I11 111111 !lllll!!!lllllltlllll!Illlll a. not done intentionally by or at the direction of: (1) the insured; or (2) any executive officer, director, stockholder, partner or member of the insured staff; and b. not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. The insurance afforded under this provision does not apply to fines or penalties, or that portion of any award or judgment caused by trebling or multiplication of actual damages under state or federal law. This provision does not apply if Coverage B — Personal and Advertising Injury Liability is otherwise excluded either by the provisions of this Coverage Form or by any endorsement. 19. PRODUCT RECALL EXPENSE a. With respect to this Provision 19., the Recall Of Products, Work Or Impaired Property exclusion under Coverage A Bodily Injury And Property Damage Liability is deleted. b. The following is added to Section III - Limits Of Insurance section: 1. The Limits of Insurance shown in the Product Recall Schedule and rules below fix the most we will pay regardless of the number of (a) Insureds; (b) "Covered recalls" initiated; or (c) Number of "your products" recalled. 2. The Product Recall Aggregate Limit is the most we will reimburse you for the sum of all "product recall expenses" incurred for all "covered recalls" initiated during the policy period. 3. Subject to 2. above, the Each Product Recall Limit is the most we will reimburse you for the sum of all "product recall expenses" arising out of any one "covered recall" for the same defect or deficiency. Products Recall Schedule Limits of Insurance Product Recall Aggregate $50,000 Limit Each Product Recall Limit $25,000 The Limits of Insurance for this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Decla- rations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for the purposes of de- termining the Limits of Insurance. c. The following is added to the Duties In The Event Of Occurrence, Offense, Claim Or Suit provision under Section IV - Conditions: You must see to it that the following are done In the event of an actual or anticipated "covered recall" that may result in "product recall expense ": 1. Give us prompt notice of any discovery or notification that "your product" must be withdrawn or recalled. In- clude a description of "your product" and the reason for the withdrawal or recall; 2. Cease any further release, shipment, consignment or any other method of distribution of like or similar products until it has been determined that all such products are free from defects that could be a cause of loss under this insurance; 3. As often as may be reasonably required, permit us to inspect "your product" that demonstrates the need for the "covered recall" and permit us to examine your books and records. Also permit us to take damaged and undamaged samples of "your products" for inspection, testing and analysis; and permit us to make copies from your books and records; 4. Send us a signed, sworn, proof of loss containing the information we requested to settle the claim. You must do this within 60 days after our request, We will supply you with the necessary forms; and 5. Permit us to examine any insured under oath, while not in the presence of any other insured and at such times as may reasonably be required, about any matter relating to this insurance or your claim, including an insured's books and records. In the event of an examination, an insured's answers must be signed. Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc. VCG 206 02 06 Copyright 2004, ! Ill!!!1 1! I!!! t! l !!I!t►f!lflflf!I!!!!!!1111111MI d. The following definitions are added to the Definitions Section: 1. "Covered recall" means a recall made necessary because the insured or a government body has deter- mined that a known or suspected defect, deficiency, inadequacy or dangerous condition in "your product" has resulted in or will result in "bodily injury" or "property damage ". 2. "Product Recall Expense" means: (a) The following necessary and reasonable expenses you incur exclusively for the purpose of recalling "your product": (1) For communications, including radio or television announcements or printed advertisements including stationery, envelopes and postage; (2) For shipping the recalled products from any purchaser, distributor or user to the place or places designated by you; (3) For remuneration paid to your regular "employees" for necessary overtime; (4) For hiring additional persons, other than your regular "employees "; (5) Incurred by "employees ", including transportation and accommodations; (6) To rent additional warehouse or storage space; or (7) For disposal of "your products ", but only to the extent that specific methods of destruction other than those employed for trash discarding or disposal are required to avoid "bodily injury" or "property damage" as a result of such disposal, but "product recall expenses" does not include costs of regaining your market share, goodwill, revenue or profit. (b) "Product Recall Expense" does not include any expenses resulting from: (1) Failure of any product to accomplish its intended purpose; (2) Breach of warranties of fitness, quality, durability or performance; (3) Loss of customer approval, or any cost incurred to regain customer approval; (4) Redistribution or replacement of "your product" which has been recalled by like products or substi- tutes; (5) Caprice or whim of the insured; (6) A condition likely to cause loss of which any insured knew or had reason to know at the inception of this insurance; and (7) Recall of "your products" that have no known or suspected defect solely because a known or sus- pected defect in another of "your products" has been found 20. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS In the SUPPLEMENTARY PAYMENTS - Coverages A and B provision: a. The limit for the cost of bail bonds is amended to $2,500; and b. The limit for reasonable expenses incurred by the "insured" is amended to $500 a day. i i f VCG 206 02 06 Includes copyrighted material of Insurance Services Offim, Inc. Page 7 or 7 Copyright 2004, M! 11! I!!! f! f!!! !1lI1f11111111f11t11111111M!111 BER50325 AC RD ,. CERTIFICATE OF LIABILITY INSURANCE 1 DATE MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH 6 /24/DD 6/24/20110 0 PRODUCER Commercial Lines - (206) 892 -9200 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Wells Fargo Insurance Services USA, Inc. - CA Lic #: OD08408 601 Union Street, Suite 1300 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. POLICY NUMBER DATE MM /DD Seattle, WA 98101 -1371 INSURERS AFFORDING COVERAGE NAIC # IN BergerABAM, Inc. INSURERA: Travelers Property Casualty Insurance Company 36161 - - INSURER B: Travelers Indemnity Company of America i 25666 33301 9th Ave S. INSURER C: Commerce & Industry Insurance Company ` 19410 - DAMAGE TO RENTED PREMISES (E. $ 1,000,000 INSURER D: Lexington Insurance Company 19437 Federal Way, WA 98003 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS D POLICY EFFECTIVE POLICY EXPIRATION LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE MM /DD DATE (MMIDDIYYI LIMITS A GENERAL LIABILITY 6808264P255 05/01/10 05/01/11 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (E. $ 1,000,000 X COMMERCIAL GENERAL LIABILITY _ CLAIMS MADE OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 X WA Stop Gap GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,000 Employer's Liability 1,000,000 POLICY PRO X LOC JECT B AUTOMOBILE LIABILITY X ANY AUTO BA8269P109 05/01/10 05/01/11 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS - PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE $ OCCUR FI CLAIMS MADE $ DEDUCTIBLE $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE WC005865962 INCLUDES USL &H 05/01/10 05/01/11 TATUj X T W O C Y S LIMIT O R E.L. EACH AC CIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - POLICY LIMIT $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below D OTHER Professional Liability 5/5 013001562 07/01/10 07/01/11 $5,000,000 Each Claim / $5,000,000 Agg $225,000 Ded per claim. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS RE: CITY CENTER DRAFT AND FINAL EIS AND PLANNED ACTION ORDINANCE. CITY OF SPOKANE VALLEY IS PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED UNDER GENERAL LIABILITY AS RESPECTS THEIR INTEREST IN THE INSURED OPERATIONS OF THE NAMED INSURED PER ATTACHED COVERAGE FORM. DT City of Spokane Valley 11707 E Sprague Ave., Ste. 106 Spokane Valley, WA 99206 ACnRn 95 /9nn1 /nR1 4 -4:O LID ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN E TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL iE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR AUTHORIZED REPRESENTATIVE © ACORD CORPORATION 19BE Cog - 00 q IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S915260/M915043 6808264P255 COMMERICAL GENERAL LIABILITY THiS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND'SURVEYORS)..,.. . This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART N o 0 n om• 4 u � A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude. as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within, the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non - contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily . injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organize ion f or which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services ". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LiMiTS OF after you have entered into that "contract or agreement requiring insurance ". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The followinn is _arirted to P aragraph A. Trarisfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section iV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. 005756 COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement.is in effect; and c. Before the end of the policy period. Page 2 of 2 02007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission. oq.-001.1 SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY In the Matter of: REQUEST FOR QUALIFICATIONS ) No. City of Spokane Valley Draft Sr Final EIS &Planned Action ) AFFIDAVIT OF PUBLISHING Ordinance for Proposed City Center ) NOTICE ) STATE OF WASHINGTON ) )ss. County of Spokane ) MICHAEL HUFFMAN,being first duly sworn on oath deposes and says that he is the EDITOR,of The Spokane Valley News Herald,a weekly newspaper.That said newspaper is a legal newspaper and it is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a weekly newspaper in Spokane County,Washington,and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper,which said newspaper had been approved as a legal newspaper by order of the Superior Court of the State of Washington in and for Spokane County. That the following is a true copy of a public notice as i as published in regular issues commencing on the 18th day of January, 2008,and ending the th da of anuar 2008 .ll .:t. ' elusive,and that such newspaper was regularly distributed to its subscribers during all of said period• i alifi tion.,, _._ . / g Request for Qualifications1 Draft F$n &Matti&and Planned°Action t � 'Ordinance f°" '°°ta'"ektsta SCRIBE t d SWORN to before me Center The City of 3 raft a i final environ st imp ct '1 qualifications for*inning services to prepare al, project level draft and final environmental impact this 25th da, •f anua 2008. 1 statement(DEIS&'fEfS)and'6t planned action' ordinance(PAO)asprovidedin ROW 43.21C.031 i State of Washington and.WAC 197-11.164 for the proposed City* Center. This tkile pdmarilyinterested in fines County of Spokane that have prepared similar dnvironmeetaI studiesl' and PAC's for food)arisdiCtIORe in Washington', IState:Please sind-a cover fetterdeatrr'bing the; I certify that I know or have satisfactory evidence that r firm's gualiticxtlrre oanda'�enenoe related to this • Michael Huffman is the person who appeared before project and tfueliftdationsdc of n epri specific G ip me, and said person acknowledged that he signed personnel ihafxl"be lvoritsr !Art the roject The 6 city vii"minas aQ Fespdt setae and no* � al� • this instrument and acknowledged it to be his free the top firms.The selected here will.be required g to submit a project Specific proposaal fpr further d voluntary act for the uses and purposes men- evaluation.The CityWIftthenschedule InteMews for the finaliats kespondasmirstba, osvnarked: No1ARY £ oned in tilt instrument. and mailed no later than,Frdday Fetiraery 8,2008apOi z to:Kathy„Mc) un9:Cb*MUnkk.rieWiopment spirector,1170 r Last Sprague reams,Suite,1P PUMA /0• i _` , �” S 106,Spokane Valley WA 99208.Arty question' — /regarding this W should be directed to Greg, .fp\4,1 Zp>`,(7 Jolene Rae e ,z ' McConnidc,AICP,Planning(Melon Manager at, - :"r 16, gie ii rr (sqq)ss6-0oza l�`0 •� $�� ,,I Title: Nota Pur#tic Ghreline Dakrbndge � e Vpltey C1e W My appoin .en 1 expires: 5-16-11 y,1/18.1/26• .. �,•;:.. 7{r1yJ� 9. - H W U SUPERIOR COURT OF WASHINGT4N FOR SPOKANE COUNTY In the Matter of: REQUEST FOR QUALIFICATIONS No. City of Spokane Valley Draft Final EIS Planned Action AFFIDAVTT OF PUBLISHING Ordinance for Proposed City Center NOTICE STATE OF WASHINGTON )ss. County of Spokane IvQCHAEL HU�, being first duly sworn on oath deposes and says that he is the �p�$, of The Spol�ane Valley I�1ewsHerald, a weekiy new�aper.Thatsaid newspaperis alegal newspaperand ii is now and hasbeen for more than six months pcior to the date of the publication hereis�after referred to, publiahed in the Fnglish language continually as a weekly newspaper in Spokane County, Washinghm, and it is now and durIng all of said time was printed in an offxce maintnined at the aforesaid place of publication of said newspaper, which said newspaper had been approved as a legal newspaper by ordec of the Superior Court of the S�ite of Washingban in and for Spolcane County. That the following is a true capy of a Fublic notice as it as published in regular issues commencing un the 18th day aE Ja�arv- 200S and ending �e �th da}► of an 20Q8 U inclusive, azed that such newspAper was regularly dist�uted to its subscribers during all of said peri RMu�s! for 4uatMtcstEo�s 4 Qraft 8 Flnal E18 and Planned ACtlotl f= �d SCRIBEI� d SWORN to before me Ths GO► 8�al�a� 1F�9eY seef�s al�m�nb� ot qual�lr� tar pfannlrq� ss�vloos o� �re e C� 2OOo �n �rr�„ e t�us 25th da� f lanuarv, o o��t�Ay�a�,r�`fl�uuaa.�c.o3� State of Washington an��� C-�11�1�4 br p� County of Spokane tha� hma prc�uro0 assu8es and PAO's to� tocaJ ju�isd�� M Wnst�irt,gtw► sm� a�s� 8�re► i��e�r,,►� u,s I certi.fy that I know or have satisfactory evidence that �'r'"g��,��,te"°e�dc,�,,, MichaelHufhnan is the p ersonwho ap eared before projed und qu�fit�lts� ei Ihe fimis sp�ffic �,�ae�wona��,a��. n,a �A� i�► me, and said person acknowledged at he signed ��d this instrument and acknowled ed it to be his free ������u,���� g �o a��� a wo� a� �as za r�► d voluntary act for the uses and purposes men- av�� nm�ccy��r��aaa� sa.{�r�, �svon�s�uscboa��+coo NpTARY oned in th instrument. und ma��d no tal�ur than �y Febnraiy8, �@8 o ln: Kslhy MCCIun$. OomlrlutNty Oo+rafcyt�ent 0lr�vtar. 11707 E�at &pnigue Avnnue. Suite �G 0 1�� �p�cane 1fa11�►, WA 982Q6. My esUw� �Q '�j► �AV 16, �►O Jolene Rae Title: No Pu�lic s p� v�n�y �ny a� My appoin ent" expires: 5-16-11 111�,11z6 �r