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17-062.00 IMS: 2017 Pavement Management Plan Update AGREEMENT FOR PROFESSIONAL SERVICES IMS Infrastructure Management Services,LLC #17-062 THIS AGREEMENT is made by and between the City of Spokane Valley,a code City of the State of Washington, hereinafter "City" and IMS Infrastructure Management Services, LLC (an Arizona Limited Liability Company),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 Scope of Services, attached as Exhibit A. 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. Upon notice from 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 for the 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 shall accept modifications when ordered in writing by the City Manager or designee, so long as the additional work is within the scope of Consultant's area of practice. 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 by December 31,2017,unless the time for performance is extended in writing by the Parties. Agreement for Professional Services(with professional liability coverage) Page 1 of 6 Either Party may terminate this Agreement for material breach after providing the other Party with at least 10 days' prior notice and an opportunity to cure the breach. City may,in addition,terminate this Agreement for any reason by 10 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$73,190(which includes Washington State Sales Tax if any is applicable) as full compensation for everything done under this Agreement, as set forth in Exhibit A. Consultant shall not perform any extra, further, or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 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 for that portion of the work(if any)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: TO THE CONSULTANT: Name: Christine Bainbridge, City Clerk Name: IMS Infrastructure Management Services,LLC Phone: (509)921-1000 Phone: (480) 839-4347 Address: 11707 East Sprague Ave., Suite 106 Address: 1820 W Drake Drive, Suite 104 Spokane Valley, WA 99206 Tempe,AZ 85283 (After September 1,2017: 10210 East Sprague Avenue 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 conform 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 of 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 statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; 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 Agreement for Professional Services(with professional liability coverage) Page 2 of 6 • paragraph(A)(2)of this certification; and 4. Have not within a three-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 and agreed 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 chapter 42.56 RCW 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,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 Services Office(ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury,and advertising injury. City shall be named as an additional insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State Agreement for Professional Services(with professional liability coverage) Page 3 of 6 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 no less than$1,000,000 per accident. 2.Commercial general liability insurance shall be written with limits no less than$1,000,000 for each occurrence,and$2,000,000 for 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 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 the 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. 3.If Consultant maintains higher insurance limits than the minimums shown above,City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by Consultant, irrespective of whether such limits maintained by Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by Consultant. 4. Failure on the part of Consultant to maintain the insurance as required shall constitute a material breach of the Agreement,upon which the City may,after giving at least five business days'notice to Consultant to correct the breach,immediately terminate the Agreement,or at its sole discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to City on demand, or at the sole discretion of the City, offset against funds due Consultant from the City. 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,which shall be Exhibit B. The certificate shall specify all of the parties who are additional insureds, and shall 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. Agreement for Professional Services(with professional liability coverage) Page 4 of 6 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,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. Consultant's duty to defend,indemnify,and hold City harmless 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 pursuant to RCW 4.24.115. Consultant's duty to defend,indemnify,and hold City harmless 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,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. A waiver in one instance shall not 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 prior 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 Agreement for Professional Services(with professional liability coverage) Page 5 of 6 • 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 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. Consultant shall register with the City as a business prior to commencement of work under this Agreement if it has not already done so. 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: A. Scope of Services and Fee Proposal B. Insurance Certificates th 1 The Parties have executed this Agreement this`�y of /�(ay ,ZP17 C AY^OAi OF SPI . ALLEY Consulta t:t:(..._u/� I ar Calhoun, City Manager By: Stephen J. Smith,P.E,Member/Manager Its: Authorized Representative ATT , /3C:41h A i ristine Bainbridge, City Clerk: i(‘%------ APPROVED TO FORM: 0p Offi e the ity orney Agreement for Professional Services(with professional liability coverage) Page 6 of 6 T . Exhibit 1 - 2017 IMS Infrastructure Management Services Schedule: Scope of Services 1820 W.Drake Dr,Ste.104,Tempe,AZ 85283 Phone:(480)839-4347 Fax:(480)839-4348 www.ims-rst.com To: Ray Wright, P.E., Pavement Management Date: January 30, 2017 Engineer& Planning &Grants Engineer From: Jim Tourek, Manager of Client Services Project: City of Spokane Valley, WA Subject: 2017 Pavement Management Plan Update Project No: TBD Thank you for taking the time to review the pavement data collection services offered by IMS Infrastructure Management Services. IMS excels in pavement and asset management solutions and can provide a full suite of data collection services. We have matched the Base pricing from 2015's project as the Scope of Work is understood to be identical. As confirmed, the City of Spokane Valley is interested in 111111111' updating the City's pavement management plan. From — previous cycles, IMS completed a survey of a portion of 105 centerline miles of the local network and 125 centerline miles of the arterial and collector network. For the 2017 survey (as in 2013 & 2015), IMS will two-pass test 50% of the primary 10 and minor arterial roadways and collectors and single- il Ji pass test 1/3rd of the locals, resulting in approximately 230 r 411161 test miles. We have also provided pricing for the City to utilize the same unit rates as the 2013 & 2015 projects. IMS will perform a comprehensive pavement analysis and report, including budget plans and maintenance and rehabilitation strategies. IMS collects all data in accordance with the U.S. Army Corps of Engineers data protocols, commonly referred to as ASTM D6433-11. Our approach, and key service differentiator, is based on three, time proven fundamentals: Answer the questions that are being asked – don't over-engineer the system or make it needlessly complicated. Databases and the application of technology are meant to simplify asset management, not make it more difficult. Service and quality are paramount to success – the right blend of technically correct data, condition rating, and reporting will provide the agency with a long-term, stable solution. Service to the client remains our top priority. Local control and communications are key – it is important that all stakeholders understand the impacts of their decisions and have the system outputs react accordingly. We excel in making ourselves readily available. As stated in the subsequent conversations with the City, IMS services will include: • Objective roadway performance data collection including a full suite of surface distresses. • Internal Pavement data load for analysis with GPS coordinate data collection and "Live" spreadsheet. • A comprehensive Analysis and Report of the City's roadway network and 5-year plans. IMS Infrastructure Management Services Spokane Valley 2017 Scope of Svcs.doc page 1 • Spokane Valley 2017 Pavement Management Plan Update Project Budget and Scope Descriptions The table presented on the following page is based on the 2013 &2015 City of Spokane Valley unit rates. The following unit rates all match the previous IMS 2015 contract rates. On the following pages, the project line items are described in detail. Spokane Valley,WA (2-pass 50%Arterial&Collector roadways;1-pass 33%remaining) 2017 Pavement Management Plan Update Task Activity Quant Units Unit Rate Total Project Initiation 1 Project Initiation&Setup 1 LS $2,500.00 $2,500.00 2 Network Referencing&GIS Linkage 230 MI $25.00 $5,750.00 Field Survey 3 Mobilization/Calibration 1 LS $2,500.00 $2,500.00 4 RST Data Collection Update-so%Art.&Coll.&33%Locals 230 MI $105.00 $24,150.00 5 Collection of Digital Images-QA/QC&Deliverables 230 MI $15.00 $3,450.00 6 Collection of ROW Attributes: Curb Presence/Ditch&Lip of Gutter 230 MI $15.00 $3,450.00 Data Management 7 Data QA/QC,Processing,&Format 230 MI $12.00 $2,760.00 8 Operating Parameters Update 1 LS $4,250.00 $4,250.00 9 Internal Data Load and Live Budget Spreadsheet 1 LS $4,600.00 $4,600.00 10 Draft Analysis&Report 1 LS $4,500.00 $4,500.00 11 Final Analysis&Report 1 LS $8,500.00 $8,500.00 12 Project Management 1 LS $5,000.00 $5,000.00 13 PowerPoint Prep.to Assist City with Council Presentation 1 LS $1,780.00 $1,780.00 Project Total: $73,190.00 Optional Activities 14 Additional RST Test Mileage 1 MI $105.00 $105.00 15 Dynaflect Mobilization 1 LS $2,500.00 $2,500.00 16 Deflection Testing(2-pass Test Arterials) 125 MI $120.00 $15,000.00 17 Traffic Control/Deflection Testing(city to provide;IMS Est.48 Hrs.) 0 HR $108.00 $0.00 18 City Council Full Presentation 1 LS $3,500.00 $3,500.00 19 Right of Way Asset Data Collection(GPS&Images) 230 MI $20.00 $4,600.00 19a. Sidewalk Database Development 230 MI $50.00 $11,500.00 19b.Curb&Gutter Database Development 230 MI $50.00 $11,500.00 19c.Sign Database Development 230 MI $100.00 $23,000.00 19d.ADA Ramp Database Development 230 MI $60.00 $13,800.00 20 City Council Presentation ILO Prep.to Assist(add to Task 13) 1 LS $1,720.00 $1,720.00 Task Description Activities Deliverables Pavement Management Activities for Partial City Street Network 1. Project Initiation&Setup • Conduct meeting confirming scope, extent and Technical memo detailing content of surveys,set milestones and deliverables. scope of work,budget and • Confirm key contacts, roles and responsibilities, and deliverables. project documentation. • Identify location of key data elements such as traffic data, GIS, existing roadway inventories, historical data,and pavement management data. • Identify deficient data and the means to obtain it. 2. Network Referencing& • Using the City's GIS centerline topology, update Survey maps and inventory GIS Linkage existing street inventory for use in deliverables. for use on the project. • Include street number and block order in referencing. • Link each segment to its parent GIS section. • Obtain roadway attributes from GIS for functional class, traffic, width, length, pavement type, curb IMS Infrastructure Management Services Spokane Valley 2017 Scope of Svcs.doc page 2 'I 4,r.* Spokane Valley 2017 Pavement Management Plan Update type, etc. If not available, devise plan to obtain them. • Create survey maps for use by the RST and client review. 3. Mobilization/Calibration • Mobilize surface distress, roughness and rutting Equipment calibration testing equipment to project. results • Demonstrate the equipment to the City. • Calibrate equipment. 4. RST Data Collection • On all 50% of arterials and collectors, complete 2- 2-pass testing on 50%of Update pass & 33% of Locals testing, collecting ASTM Arterial&Collector distresses and attributes at 100-foot intervals on a roadways. 1-pass testing block by block basis. IMS will survey approximately on 33%of Local roadways. 230 test miles of roadway. • Collect/confirm attributes such as FunCL, width, and pavetype. • Develop exceptions report for lengths that do not match GIS. 5. Collection of Digital Images • Collect pavement video in the field. Deliver images on flash —QA/QC&Deliverables • Process forward view images at 25-foot intervals. drive with associated shape files. 6. Collect ROW Attributes: • The following required right of way(ROW)Assets and The RST will capture Curb Presence/Ditch&Lip attributes will be collected: Curb Presence/ Ditch and images of the data for IMS of Gutter Lip of Gutter data. to process. 7. Data QA/QC.Processing, • For each data stream (distress, roughness, GPS), Excel spreadsheet of the &Format aggregate&process the data at 100-foot intervals. sectional data and index • Develop individual index scores for surface distress values. and roughness as appropriate,utilizing ASTM D6433- Shape files of the condition 11 and IRI. data at the 100-foot and • Develop an overall condition score for each section block levels. • Process the same data to the block level. • Create shape and KMZ files of the processed data. • Complete QA of data,and send to City for review. 8. Operating Parameters • Review of City's operating parameters including This is similar to what was Review/Update performance curves, PCI calculations, Unit Rates and provided in 2013. rehabilitation strategy. 9. Data Load—Internal for • Assemble and load data into the IMS application. Excel will be populated with Analysis&Present Live • The data will be delivered in an Excel spreadsheet pavement inventory and spreadsheet for Budgets and allow for changing funding scenarios and provide allow for changing funding recommended projects,by year. scenarios. 10. Draft Analysis&Report Following the field surveys and data processing, complete Draft analysis and report. 11. Final Analysis&Report the following analysis: Up to 10 models! budget • Present status and PCI report in Excel format analysis options will be combined with PCI charts and backlog. completed. • Fix all needs analysis and budget. Final Report delivered with • Steady state,do nothing, unlimited, steady state plus 50%,steady state minus 50%. maps of the recommended • Budget driven analysis($/yr estimate). projects for the five year • Integrate City capital plans and "must do's" ($to hit plan. set PCI and backlog target). • Finalize draft analysis and budgets. • Final report and make 2-copies of report plus electronic files along with maps of the recommended projects for the five year plan. • Create shape files of results. 12. Project Management • Provide client with periodic e-mail updates&reports. Status reports and invoices • Meetings to be completed on-site&conference calls. • Complete project administration and invoicing. 13. PowerPoint Prep for • Create PowerPoint slides to showcase the results of PowerPoint slides Council Presentation the condition survey to be presented by the City. IMS Infrastructure Management Services Spokane Valley 2017 Scope of Svcs.doc page 3 Spokane Valley 2017 Pavement Management Plan Update Thank you for taking the time to review this quotation, and we look forward to continuing our relationship with the City of Spokane Valley and we will strive to remain an asset and extension of your staff and team. Regards, IMS Infrastructure Management Services Jim Tourek, Manager of Client Services IMS Infrastructure Management Services Spokane Valley 2017 Scope ofSvcs.doc page 4 /-1 IMSINFR-01 ARACHEL ACORD' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ 7Y) Ilkii...---- 04/03/2017 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 have ADDITIONAL INSURED provisions or 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 19021 rCT April M.Rachel American Insurance&Investment Corp. PHONE 6765 West Russell Rd (A/C,No,Ext):(702)877-1760 I FAX (A/C,No):(702)877-0937 Ste 150 213146s:april.rachel@american-ins.com Las Vegas,NV 89118 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Prop Cas Co of America 25674 INSURED INSURER B:Travelers Indemnity Company 25658 IMS Infrastructure Management Services,LLC INSURER C:Travelers Cas Ins Co of Americ 19046 1820 W Drake Dr Ste 108 INSURER D:Travelers Cas&Surety Co Amer 31194 Tempe,AZ 85283 INSURER E: INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD MD (MM/DD/YYYYI (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR X X 6809H179210 03/26/2017 03/26/2018 PDREMISES(Ea occcuErrrence) $ 1,000,000 X BFPD/XCU MED EXP(Any one person) $ 10,000 X Contractual Liab. PERSONAL 8 ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X X BA8923L36A17GRP 03/26/2017 03/26/2018 BODILY INJURY(Per person) $ OWNED SCHEDULED AUT AUTOS ONLY _ AUTOSNyyNED BODILY INJURY(Per accident) $ AUTOS ONLY ,_Ogee ONLY AGE (Per accident) $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE CUP8666Y370 03/26/2017 03/26/2018 AGGREGATE $ 4,000,000 DED X RETENTION$ 10,000 $ B WORKERS ND EMPLOYERS COMPENSATION Y/N X STATUTE ERH APROPRIETOR/PARTNER/EXECUTIVE UB4419T313 04/19/2017 04/19/2018 1,000,000 ANY NYIPRER EXCLUDED? Y N/A E.L EACH ACCIDENT $ (MandatorylnNH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below 1,000,000 E.L.DISEASE-POLICY LIMIT $ D Professional Liab. 106703766 03/25/2017 03/25/2018 Each Claim 2,000,000 D Claims Made/Rpt'd 106703766 03/25/2017 03/25/2018 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Professional Liability Retro:FULL PRIOR ACTS - Workers Compensation Coverage Excludes:Alan Sadowsky City of Spokane Valley is Additional Insured with respects to General Liability on a Primary and Non-Conbributory basis per the attached endorsements.Also listed as Additional Insured with respects to the Auto liability per the attached endorsement.Auto Liability is Primary per poilicy form. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Spokane Valley THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn:City Clerk 11707 Sprague Ave Ste 106 Spokane,WA 99206 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6809H179210 COMMERCIAL 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 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance" to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for "bodily injury", coverage for that additional insured, and then "property damage"or"personal injury"; and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage" that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period,whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization;or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part e. This insurance does not apply on any basis to must apply on a primary basis or a primary and non-contributory basis, this insurance is primary any person or organization for which coverage as an additional insured specifically to other insurance available to the additional is added by another endorsement to this insured which covers that person or organizations Coverage Part. as a named insured for such loss, and we will not share with the other insurance,provided that: f. This insurance does not apply to the (1) The "bodily injury" or "property damage" for rendering of or failure to render any "professional services". which coverage is sought occurs;and g. In the event that the Limits of Insurance of the (2) The "personal injury" for which coverage is Coverage Part shown in the Declarations sought arises out of an offense committed; exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company. All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL 'Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the "personal injury" offense is committed. Page 2 of 2 ®2015 The Travelers Indemnity Company. AU rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office, Inc.,with its permission POLICY NUMBER: 6809H179210 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - OTHER INSURANCE CONDITION - ENGINEERS, ARCHITECTS OR SURVEYORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS Insurance shown in the Declarations of this 1. The following replaces the part of the first Coverage Part. paragraph of Paragraph 4., Other Insurance, of As used anywhere in this Coverage Part, other SECTION IV — COMMERCIAL GENERAL insurer means a provider of other insurance. As LIABILITY CONDITIONS that precedes used in Paragraph c. below, insurer means a Paragraph a.: provider of insurance. If valid and collectible other insurance is available 2. The first Subparagraph (2) of Paragraph 4.b., to the insured for a loss we cover under Excess Insurance, of SECTION IV — Coverages A or B of this Coverage Part, our COMMERCIAL GENERAL LIABILITY obligations are limited as described in Paragraphs CONDITIONS regarding any other primary a. and b. below. insurance available to you is deleted. As used anywhere in this Coverage Part, other 3. The following is added to Paragraph 4.b., Excess insurance means insurance, or the funding of Insurance, of SECTION IV — COMMERCIAL losses, that is provided by, through or on behalf of: GENERAL LIABILITY CONDITIONS: (i) Another insurance company; This insurance is excess over any of the other insurance, whether primary, excess, contingent or (ii) Us or any of our affiliated insurance on any other basis, that is available to the insured companies; when the insured is added as an additional (iii)Any risk retention group; insured under any other policy, including any (iv) Any self-insurance method or program, umbrella or excess policy. including any failure to buy insurance, or 4. The following is added to Paragraph 4.b. Excess decision to not buy insurance, for any reason, Insurance, of SECTION IV — COMMERCIAL in which case the insured will be deemed to GENERAL LIABILITY CONDITIONS: be the provider of other insurance;or This insurance is excess over any of the other (v) Any similar risk transfer or risk management insurance, whether primary, excess, contingent or method. on any other basis, that is Professional Liability or Other insurance does not include umbrella similar coverage, to the extent the loss is not insurance, or excess insurance, that was bought subject to the professional services exclusion of specifically to apply in excess of the Limits of Coverage A or Coverage B. CG D7 97 01 16 ®2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc.with its permission. COMMERCIAL AUTO Policy Number: BA8923L36A17GRP THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE— This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties,and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO EQUIPMENT—INCREASED LIMIT C. EMPLOYEES AS INSURED I. WAIVER OF DEDUCTIBLE—GLASS D. SUPPLEMENTARY PAYMENTS —INCREASED J. PERSONAL PROPERTY LIMITS K. AIRBAGS E. TRAILERS—INCREASED LOAD CAPACITY L. AUTO LOAN LEASE GAP F. HIRED AUTO PHYSICAL DAMAGE M. BLANKET WAIVER OF SUBROGATION G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT iiI A. BLANKET ADDITIONAL INSURED performing duties related to the conduct of The following is added to Paragraph A.1.,Who Is your business. An Insured,of SECTION II —COVERED AUTOS 2. The following replaces Paragraph b. in B.5., LIABILITY COVERAGE: Other Insurance, of SECTION IV —BUSI- Any person or organization who is required under NESS AUTO CONDITIONS: a written contract or agreement between you and b. For Hired Auto Physical Damage Cover- that person or organization, that is signed and age,the following are deemed to be cov- executed by you before the "bodily injury" or ered"autos"you own: "property damage" occurs and that is in effect (1) Any covered "auto" you lease, hire, during the policy period,to be named as an addi- tional insured is an "insured"for Covered Autos rent or borrow;and Liability Coverage, but only for damages to which (2) Any covered"auto"hired or rented by this insurance applies and only to the extent that your "employee" under a contract in person or organization qualifies as an "insured" an "employee's" name, with your under the Who Is An Insured provision contained permission, while performing duties in Section II. related to the conduct of your busi- B. EMPLOYEE HIRED AUTO ness. 1. The following is added to Paragraph A.1., However, any "auto" that is leased, hired, Who Is An Insured, of SECTION II — COV- rented or borrowed with a driver is not a ERED AUTOS LIABILITY COVERAGE: covered"auto". An "employee" of yours is an "insured" while C. EMPLOYEES AS INSURED operating a covered "auto" hired or rented The following is added to Paragraph A.1., Who Is under a contract or agreement in an "em- An Insured, of SECTION II— COVERED AUTOS ployee's" name, with your permission, while LIABILITY COVERAGE: CA T4 20 0215 ®2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO Any"employee"of yours is an "insured"while us- (2) An adjustment for depreciation and physical • ing a covered"auto"you don't own, hire or borrow condition will be made in determining actual in your business or your personal affairs. cash value in the event of a total"loss". D. SUPPLEMENTARY PAYMENTS —INCREASED (3) If a repair or replacement results in better LIMITS than like kind or quality,we will not pay for the 1. The following replaces Paragraph A.2.a.(2)of amount of betterment. SECTION II —COVERED AUTOS LIABILITY (4) A deductible equal to the highest Physical COVERAGE: Damage deductible applicable to any owned (2) Up to $3,000 for cost of bail bonds (in- covered"auto". cluding bonds for related traffic law viola- (5) This Coverage Extension does not apply to: tions) required because of an "accident" (a) Any "auto" that is hired, rented or bor- we cover. We do not have to furnish rowed with a driver;or these bonds. 2. The following replaces Paragraph A.2.a.(4)of (b) Any "auto" that is hired, rented or bor- rowedSECTION II —COVERED AUTOS LIABILITY from your"employee". COVERAGE: G. PHYSICAL DAMAGE — TRANSPORTATION (4) All reasonable expenses incurred by the EXPENSES—INCREASED LIMIT "insured" at our request, including actual The following replaces the first sentence in Para- loss of earnings up to $500 a day be- graph A.4.a., Transportation Expenses, of cause of time off from work. SECTION III — PHYSICAL DAMAGE COVER- E. TRAILERS—INCREASED LOAD CAPACITY AGE: The following replaces Paragraph C.1. of SEC- We will pay up to $50 per day to a maximum of I—COVERED AUTOS: $1,500 for temporary transportation expense in- TIONcurred by you because of the total theft of a cov- 1. "Trailers" with a load capacity of 3,000 ered"auto"of the private passenger type. pounds or less designed primarily for travel H. AUDIO, VISUAL AND DATA ELECTRONIC on public roads. EQUIPMENT—INCREASED LIMIT F. HIRED AUTO PHYSICAL DAMAGE Paragraph C.1.b. of SECTION III — PHYSICAL The following is added to Paragraph A.4., Cover- DAMAGE COVERAGE is deleted. age Extensions, of SECTION III —PHYSICAL I. WAIVER OF DEDUCTIBLE —GLASS DAMAGE COVERAGE: The following is added to Paragraph D., Deducti- Hired Auto Physical Damage Coverage ble, of SECTION III — PHYSICAL DAMAGE If hired "autos" are covered "autos" for Covered COVERAGE: Autos Liability Coverage but not covered "autos" No deductible for a covered "auto" will apply to for Physical Damage Coverage, and this policy glass damage if the glass is repaired rather than also provides Physical Damage Coverage for an replaced. owned "auto", then the Physical Damage Cover- J. PERSONAL PROPERTY age is extended to "autos" that you hire, rent or The following is added to Paragraph A.4., Cover- borrow subject to the following: age Extensions, of SECTION III —PHYSICAL (1) The most we will pay for "loss" to any one DAMAGE COVERAGE: "auto" that you hire, rent or borrow is the Personal Property Coverage lesser of: We will pay up to $400 for "loss" to wearing ap- (a) $50,000; parel and other personal property which is: (b) The actual cash value of the damaged or (1) Owned by an"insured";and stolen property as of the time of the (2) In or on your covered"auto". "loss";or This coverage only applies in the event of a total (c) The cost of repairing or replacing the theft of your covered"auto". damaged or stolen property with other No deductibles apply to Personal Property rty cover- property of like kind and quality. age. Page 2 of 3 0 2015 The Travelers Indemnity Company.All rights reserved. CA T4 20 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO K. AIRBAGS (2) Any: The following is added to Paragraph B.3., Exclu- (a) Overdue lease or loan payments at the sions, of SECTION III — PHYSICAL DAMAGE time of the"loss"; COVERAGE: (b) Financial penalties imposed under a Exclusion 3.a. does not apply to "loss"to one or lease for excessive use, abnormal wear more airbags in a covered"auto"you own that in- and tear or high mileage; flate due to a cause other than a cause of"loss" set forth in Paragraphs A.1.b. and A.1.c., but (c) Security deposits not returned by the les- only: sor; a. If that "auto" is a covered"auto"for Compre- (d) Costs for extended warranties, Credit Life hensive Coverage under this policy; Insurance, Health, Accident or Disability b. The airbags are not covered under any war- Insurance purchased with the loan or ranty;and lease;and c. The airbags were not intentionally inflated. (e) Carry-over balances from previous loans or leases. We will pay up to a maximum of $1,000 for any M. BLANKET WAIVER OF SUBROGATION one"loss". L. AUTO LOAN LEASE GAP The following replaces Paragraph A.5., Tran er Of Rights Of Recovery Against Others To Us, The following is added to Paragraph A.4., Cover- of SECTION IV — BUSINESS AUTO CONDI- age Extensions, of SECTION III — PHYSICAL TIONS: DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private 5. Transfer Of Rights Of Recovery Against Others To Us Passenger Type Vehicles In the event of a total "loss"to a covered "auto" of We waive any right of recovery we may have the private passenger type shown in the Schedule against any person or organization to the ex- or Declarations for which Physical Damage Coy- tent required of you by a written contract exe- erage is provided, we will pay any unpaid amount cuted prior to any "accident" or "loss", pro- due on the lease or loan for such covered "auto" vided that the "accident"or"loss" arises out of less the following: the operations contemplated by such con- (1) The amount paid under the Physical Damage tract. The waiver applies only to the person or Coverage Section of the policy for that "auto"; organization designated in such contract. and CA T4 20 0215 ®2015 The Travelers Indemnity Company.All rights reserved. Page 3 of 3 Includes copyrighted material of Insurance Services Office,Inc.with its permission.